expecting payment for damage, bad trend
08-02-05, 06:24 PM
#26
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Originally Posted by joejack951
Surely something caused the crash. Rain? Sue the weatherman. Railroad tracks? Sue Amtrak. Wet leaves, gravel, etc.? Sue the city for not cleaning it up. Just plain fell because you forgot how to ride a bike? Sue the bike company. Unless you ride in a vacuum you should always assume someone else is at fault 
Oh, you said ride "in" a vacuum I thought you said ride "on" a vacuum.
08-02-05, 07:13 PM
#27
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Originally Posted by my58vw
The same thing is like saying that I can take my car to the track, race and then try and collect insurance when I crash into the wall...
If people like insurance so much then make "bike" insurance, then it is your fault if you crash and have no insurance. Most of the time it is hard to detemine who is at fault in a crash, I can not wait... trying to determine the cause.
Now if my bike was stolen that would be a different story.
If people like insurance so much then make "bike" insurance, then it is your fault if you crash and have no insurance. Most of the time it is hard to detemine who is at fault in a crash, I can not wait... trying to determine the cause.
Now if my bike was stolen that would be a different story.
Now, while you can claim it, if you crash alot, and claim alot, you will shortly find your insurance premiums very high, or find yourself cancelled and have a difficult time getting insurance through another carrier.
As far as holding others responsible for the damage, that seems pretty lame. You ride with a group, you take on the risks associated with that.
08-02-05, 07:58 PM
#28
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Originally Posted by Goannaman
Damage to your bike would be covered under any of these policies depending on the cause of loss (subject of course, to your deductible). For example, if a person caused a crash in a race, it would be covered. If you wad it yourself going downhill, there would be no coverage *unless* you either a) have an endorsment on your policy granting open peril coverage (i.e. insurance pays for all damage not specifically excluded) as opposed to named peril, or b) you have the bike scheduled (which adds open peril coverage to only the specific item you want to schedule).
08-02-05, 07:58 PM
#29
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Originally Posted by ckleps
Why should riding one of these mean you are always at fault?
Oh, you said ride "in" a vacuum I thought you said ride "on" a vacuum.
Oh, you said ride "in" a vacuum I thought you said ride "on" a vacuum.
08-02-05, 10:10 PM
#30
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Originally Posted by ckleps
I'm headed to law school and here is my take, and its the same opinion I have on all personal injury suits. The people who decide awards in these cases are juries, juries are made up of people like you and I and the rest of the people in the forum. Why then do juries hand out damages? Is it because the jurors happened to be in the idiot 1% who would hand out awards for anything? Is it that even smart jurors, like the previous posters on this thread are, get hoodwinked by some crafty lawyer? Or is it because from time to time smart jurors realize that a wrong was in fact committed and damages are due. I'd say its number three and crashing during a race doesn't fit number three.
08-02-05, 10:12 PM
#31
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Originally Posted by CardiacKid
Frequently when someonein this forum crashes their cf bike and totals it, there are long threads about getting the manufacturer to replace it. If I am on a group ride and someone does something really stupid that totals out my 1500 frame, why should the manufacturer pay for it, but not the person who caused the damage.
Whenever anyone dies in a NASCAR or Indycar race, there are usually lawsuits all over the place. All the talk about whether Dale Earnhart's seatbelt failed wasn't purely academic.
As a general rule, juries get it right. There are a very small percentage of cases that they come up with something stupid, those are the ones that you read about in the paper. A jury verdict for $5000 in a car accident isn't news.
The right to a jury in a civil case is protected by the Constitution.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Whenever anyone dies in a NASCAR or Indycar race, there are usually lawsuits all over the place. All the talk about whether Dale Earnhart's seatbelt failed wasn't purely academic.
As a general rule, juries get it right. There are a very small percentage of cases that they come up with something stupid, those are the ones that you read about in the paper. A jury verdict for $5000 in a car accident isn't news.
The right to a jury in a civil case is protected by the Constitution.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
08-03-05, 08:02 AM
#32
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Originally Posted by joejack951
Where did you get this from? At least according to my policy, I can pretty much break anything that resides in my house at some point in time in any way I choose and I'll be covered for it. A friend's brother-in-law recently tried to drive his car into the garage with his bike on top of it. His home owners insurance covered the damages to the bike. I don't see why crashing by yourself would be treated any differently than crashing because of someone else in a race. If anything, I would you think you'd have an easier time trying to get coverage for the solo crash.
So while damage to your bike caused by another bike would be covered under the named peril of vehicles, no coverage would exist if you simply lost it going downhill. As I said some companies sell endorsments that provide "open peril" coverage for additional premium, in which they cover anything they don't specifically exclude. If your policy is so endorsed, you would have coverage for losing it going downhill. But most people have named peril coverage for their personal property, mostly because open peril endorsements are stupid expensive.
08-03-05, 08:09 AM
#33
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Originally Posted by Goannaman
I get it from reading the policy. I am an Insurance adjuster and have been one for the last nine years. Homeowners policies cover contents on a "named peril" basis. There are 16 named perils consisting of: Fire/lightning, windstorm or hail, explosion, riot or civil commotion, aircraft, vehicles, smoke, vandalism, theft, falling objects (damage to the falling object itself is not included) weight of ice, accidental discharge or voerflow of water, sudden and accidental tearing apart... of a steam or hot water heating system, freezing, sudden and accidental damage from artificially generated electrical current, volcanic erruption.
So while damage to your bike caused by another bike would be covered under the named peril of vehicles, no coverage would exist if you simply lost it going downhill. As I said some companies sell endorsments that provide "open peril" coverage for additional premium, in which they cover anything they don't specifically exclude. If your policy is so endorsed, you would have coverage for losing it going downhill. But most people have named peril coverage for their personal property, mostly because open peril endorsements are stupid expensive.
So while damage to your bike caused by another bike would be covered under the named peril of vehicles, no coverage would exist if you simply lost it going downhill. As I said some companies sell endorsments that provide "open peril" coverage for additional premium, in which they cover anything they don't specifically exclude. If your policy is so endorsed, you would have coverage for losing it going downhill. But most people have named peril coverage for their personal property, mostly because open peril endorsements are stupid expensive.
08-03-05, 09:27 AM
#34
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Originally Posted by joejack951
Surely something caused the crash. Rain? Sue the weatherman. Railroad tracks? Sue Amtrak. Wet leaves, gravel, etc.? Sue the city for not cleaning it up. Just plain fell because you forgot how to ride a bike? Sue the bike company. Unless you ride in a vacuum you should always assume someone else is at fault
08-03-05, 09:40 AM
#35
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Originally Posted by timmhaan
in an accident with an automobile i sure as heck expect payment if it's not my fault. it hasn't occured to me that i should expect payment in a crash with another cyclist. and like smoothie, i wasn't aware that was the norm.
08-06-05, 12:11 AM
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Originally Posted by Mr_Super_Socks
do you think Formula 1 drivers expect payment when they crash and burn? I kinda doubt it. remember, we're talking about a race here. even when you go to a baseball game and get konked in the noggin' with a foulf fly, you can't expect to get paid for injury -- there's an express waiver on the back of the ticket. D'OH!!!
Just so you know waivers on the back of tickets are meaningless. Ever have your car valeted? The back of the ticket say, "We are not responsible for damage to this car, theft of contents, or theft of car." Any reasonable person would realize that this is complete garbage. If they crash my car they aren't liable? If the 16 year old valet borrows it to go on a vacation to mexico they are liable? Um, uhum yeah.
