3rd ride on 3 day old bike = hit by a car. How hard to claim on his ins?
10-04-07, 08:39 PM
#101
grilled cheesus
Not true. If you get an attorney the insurance company has to deal with the attorney and can't deal directly with you. They are then dealing with a professional who knows how to seek much greater damages and make it much more costly for them. I believe when an attorney gets involved the case goes right to the insurance company's legal department so that their attorneys are dealing with the complaintant's attorney. Attorneys cost a lot more per/hour than an adjuster, so the cost of settling the claim increases greatly.
For a situation like a cyclist being hit by a car, the insurance company would much prefer to settle for the bike than to go the legal route. Its a lot less costly. To the OP, I would call that adjuster and let her know that you are irritated by their slow response and you think they are stalling and playing games. Be sure to let her know that since the accident you have awakened with much greater pain than you originally felt. Tell her if they don't act and settle within the nexts two days you are getting an attorney and you will be seeking much greater damages. Shame on her for dragging her feet. You need to light a fire under her ass and get this thing settled.
For a situation like a cyclist being hit by a car, the insurance company would much prefer to settle for the bike than to go the legal route. Its a lot less costly. To the OP, I would call that adjuster and let her know that you are irritated by their slow response and you think they are stalling and playing games. Be sure to let her know that since the accident you have awakened with much greater pain than you originally felt. Tell her if they don't act and settle within the nexts two days you are getting an attorney and you will be seeking much greater damages. Shame on her for dragging her feet. You need to light a fire under her ass and get this thing settled.
you would be wrong. these type of non suit claims are normally handled by the same adjuster. however, most people think that a law suit is automatically filed when an attorney is hired. that is not the case. anyway, i am done with this. good luck to the OP. later.
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10-04-07, 08:53 PM
#102
Burning Matches.
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Actually I find that when you can strike up a civil conversation you can educate some people. If that does not work yelling at them probably will not either. If I call you an Ahole before I tell you what I have to say you are you really going to listen to what I have to say?
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10-04-07, 11:00 PM
#103
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I'm not in the insurance or legal business but I did have a collision with a car and that is how the driver's insurance adjuster explained it to me. They discouraged me from getting an attorney for those very reasons. This was in NY state. If a lawyer gets involved it starts costing them a lot more money. Do you agree or disagree on that?
Are you saying that if the OP retained an attorney the claims adjuster would still handle the claim? I guess its possible but I doubt it.
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Last edited by orcanova; 10-04-07 at 11:22 PM.
07-16-08, 01:53 AM
#104
proud of his bunny
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why?
07-16-08, 09:04 AM
#106
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I'm detecting a glitch in the matrix.
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Bring the pain.
Bring the pain.
07-16-08, 09:41 AM
#108
grilled cheesus
"That is the sound of inevitability."
later.
later.
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07-16-08, 10:17 AM
#109
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Is it a mistake that now hes lying to save his a**????
Man you liberals....."people make mistakes...." "give him another chance"....dont drill in Alaska.....
....NO SOUP FOR YOU.....1 YEAR!
Last edited by MattyNJ; 07-16-08 at 10:21 AM.
07-16-08, 11:13 AM
#110
You blink and it's gone.
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You want to pass that message on to the old guy that jay walked in front of me last night as I was descending a hill at 50km/h...After he clearly looked up and saw me coming....I haven't be called a-hole, stupid and idiot so many times in my life...
07-16-08, 11:21 AM
#111
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07-16-08, 11:46 AM
#112
What is this demonry?!
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i was reading this and was like holy crapthe same thing happened last year...then it hit me that someone decided to raise this from the dead. So did the guy ever get a new bike?
07-16-08, 11:56 AM
#113
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Yeah, what happened with this story? I totally didn't look at the dates until I was done and reallized it happened last year. So now we have a story without an ending...
07-17-08, 12:29 AM
#115
for the better
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I was asked via Private Message to provide a conclusion to the story, so here it is:
After talking with their insured party, a third-party eyewitness, and having me walk them through the accident at the accident scene; Liberty Mutual did the right thing. I had receipts from the LBS showing how new the bike was, as well as the out-the-door cost. The LBS also provided Liberty Mutual with a form letter Trek uses to describe the nature of carbon fiber and the unseen damage that can occur in the event of a crash.
Liberty Mutual didn’t just cave right away, however. At one point they insinuated that because my bike is so expensive it must be a high-end race bike capable of going really, really fast (remember that we are talking about a Trek Pilot 5.0). Because of this they said I must accept “some” of the responsibility for the crash, insisting that I give them a percentage of what I thought was my fault and a percentage of what I thought was the insured party’s fault. I knew where they were going with this line of reasoning… if I assumed 10% of the fault, they would have only paid for 90% of the bike. So, I stuck to my story and firmly told them that the insured party was 100% at fault and anything less than a new bike was unacceptable.
Within two weeks of the crash I had a check for exactly what I paid for the bike. Also, Liberty Mutual said they looked in to the local salvage market for high-end carbon bikes, and because there really is none they let me keep the bike also. So, I took the settlement check and bought a Look 585 Ultra frameset from Excel Sports Boulder (which cost almost exactly what the check amount was for) and built a really nice second bike.
I love happy endings.
After talking with their insured party, a third-party eyewitness, and having me walk them through the accident at the accident scene; Liberty Mutual did the right thing. I had receipts from the LBS showing how new the bike was, as well as the out-the-door cost. The LBS also provided Liberty Mutual with a form letter Trek uses to describe the nature of carbon fiber and the unseen damage that can occur in the event of a crash.
Liberty Mutual didn’t just cave right away, however. At one point they insinuated that because my bike is so expensive it must be a high-end race bike capable of going really, really fast (remember that we are talking about a Trek Pilot 5.0). Because of this they said I must accept “some” of the responsibility for the crash, insisting that I give them a percentage of what I thought was my fault and a percentage of what I thought was the insured party’s fault. I knew where they were going with this line of reasoning… if I assumed 10% of the fault, they would have only paid for 90% of the bike. So, I stuck to my story and firmly told them that the insured party was 100% at fault and anything less than a new bike was unacceptable.
Within two weeks of the crash I had a check for exactly what I paid for the bike. Also, Liberty Mutual said they looked in to the local salvage market for high-end carbon bikes, and because there really is none they let me keep the bike also. So, I took the settlement check and bought a Look 585 Ultra frameset from Excel Sports Boulder (which cost almost exactly what the check amount was for) and built a really nice second bike.
I love happy endings.
07-17-08, 08:09 AM
#116
My bike is total crap
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07-17-08, 09:23 AM
#119
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The best part of your story his how surprised you were that a fellow road biker would cut you off in his car. Have you learned nothing about roadies by reading the posts on this site? Do you think that when roadies climb off their bikes they're no longer arrogant and narcissistic? LOL.
If you're looking for causes as to the auto-drivers behavior, I think its pretty much summed up by his age: 20 years old.
07-17-08, 09:34 AM
#120
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Cool. Glad it all worked out in the end for you. Thanks for finishing the story.
