Go Back  Bike Forums > Bike Forums > Road Cycling
Reload this Page >

3rd ride on 3 day old bike = hit by a car. How hard to claim on his ins?

Notices
Road Cycling It is by riding a bicycle that you learn the contours of a country best, since you have to sweat up the hills and coast down them. Thus you remember them as they actually are, while in a motor car only a high hill impresses you, and you have no such accurate remembrance of country you have driven through as you gain by riding a bicycle. -- Ernest Hemingway

3rd ride on 3 day old bike = hit by a car. How hard to claim on his ins?

Old 10-01-07, 11:37 PM
  #1  
change
for the better
Thread Starter
 
Join Date: Sep 2007
Posts: 116
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
3rd ride on 3 day old bike = hit by a car. How hard to claim on his ins?

My brand new Trek Pilot 5.0, picked it up on Friday, riding it for the thrid time. He was speeding up as he passed me on the left in his attempt to make the right turn before I got to intersection. I was going straight. He didn't even apply his brakes until he began to turn. Once in the turn he realized he was cutting it to short, and he began screeching to a halt right in front of me. For a split second I contemplated swerving to his right, but I was uncertain at that point if he was going to continue to turn right because he hadn't yet come to a complete stop. If I had swerved to his right and he had continued his turn, I would have been broadsided by him, which would have been way worse. Instead, I did my best to slow my 215lb with those Cane Creek brakes, but it wasn't enough. I hit his right rear bumber, almost on the corner, and fell to my left side.

I get up, checking the bike before myself. 20 year old dufus comes bounding out of his white VW jetta, "Woah, dude! Are you ok?" All I could say was, "This is a 3 day old, $2,000 bike. WTF were you thinking driving like that?" He was apologetic, saying it was all his fault. I didn't give a crap. Look at my bike.

Left Ultegra brifter bent 45 degrees inward towards the stem and scratched all to hell. Left side of the handlebar bent severly inward. Bar tape destroyed. Left rear skewer handle scratched and bent. This bike has a carbon frame and fork, so I guess I need to have the LBS do a full inspection of the major components.

Some peds on the sidewalk near the accident saw everything and were giving the kid a tounge-lashing. All I could do was look at my bike despite the blood dripping from my elbow and knee. Other than that, I came away without bodily injury. Now that I'm thinking about it, it could have been way worse. I guess all my motocross and motorcycle crashes have taught me how to fall, because by my left hip took the brunt of the fall, destroying my shorts in the process.

GET THIS: While waiting for the cops to come and do their police report, the kid mentions that he rides road bikes! WTF?!?! That's when I let him have it. I started yelling at him because I couldn't believe that a fellow rider would drive that way around a bicycle. I was floored!!! A fellow rider. I still can't get over it.

Question for those of you that have been through this before: how hard is it to collect from his insurance? I'm taking the bike to the LBS in the morning because I want to ride again as soon as this thing is like new again. I have all his info: ins, the car is registered to his father. Liberty Mutual is the ins company. Any tips you guys can give will help tremendously. Anything I should ask the LBS to do since they are doing the repair? Thanks, guys.

Last edited by change; 10-02-07 at 01:13 AM.
change is offline  
Old 10-01-07, 11:40 PM
  #2  
jkizzle
Senior Member
 
jkizzle's Avatar
 
Join Date: Sep 2007
Location: Lexington KY
Posts: 874

Bikes: 1970s or 80s concord pacer, 2007 dawes roadbike, 2005 raleigh supercourse

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Id imagine have them assess the damage (the LBS) and prepare a cost sheet for you. I'd nudge them towards needing a new bike, if you know what I mean....
jkizzle is offline  
Old 10-01-07, 11:47 PM
  #3  
Cnumb
Senior Member
 
Join Date: May 2006
Posts: 65
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
Cnumb is offline  
Old 10-01-07, 11:49 PM
  #4  
Zinn-X
proud of his bunny
 
Zinn-X's Avatar
 
Join Date: Jul 2006
Location: UCSC
Posts: 885

Bikes: 2006 Masi Gran Corsa Premio custom build: Full 105, Easton EC70 fork, Easton Circuit Wheelset // 2007 Specialized Stumpjumper (stock for now)

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Wow, what an ass. I'm glad you're okay, but it really sucks about your bike. Don't let his insurance company jerk you around, if they don't give you what you want, hire a lawyer.

Man, stuff like this just pisses me off. If that happened to me I would have been absolutely livid.

But please be more careful on your bike! You may have been in the right, but being right doesn't change anything when your body and bike get smashed up. It really pays to be defensive in traffic.

I'll be watching this thread to see how it turns out. Good luck, and I hope you're back on the road before too long!
Zinn-X is offline  
Old 10-01-07, 11:55 PM
  #5  
UmneyDurak
RacingBear
 
UmneyDurak's Avatar
 
Join Date: Dec 2004
Location: NorCal
Posts: 9,012
Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 255 Post(s)
Liked 50 Times in 26 Posts
So this is my experience take it for what it's worth.
I was hit by a clueless lady making a left turn. Report put her 100% at fault for failure to yield to on coming traffic. The bike was 5-7 month old. Fork was broken, front wheel was toast, crank was bent. I wrote the whole bike off, and LBS where I bought it from said as much to insurance. I was re-imbursed full value of the bike, plus all the upgrades I put on it. All my medical bills were payed. The lady had Farmers insurance.
I realize you just want to ride again, but take it slow. Actually I wouldn't really ride a bike, or have it fixed until you talk to insurance. Talk to the bike shop if the impact was bad enough, maybe it's worth writing the whole bike off and just getting a new one. Going the lawyer route might be worth it if you have tons of bills. For a 2k bike it might not be worth it to the lawyer or to you to take the case. You might end up with less then if you just talked to insurance yourself.
Actually since this is a carbon frame I would lean towards replacing the whole bike and making insurance pay for it. Remember once you settle thats it, end of story. So if frame detonates under you few month later, because of some internal crack, and you end up in a hospital it would be out of your and your health insurance pocket. Not the drivers insurance.
UmneyDurak is offline  
Old 10-01-07, 11:55 PM
  #6  
ridethecliche
Batw Creakcreak
 
Join Date: Jan 2007
Location: Dirty Jerz
Posts: 20,693
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 183 Post(s)
Liked 223 Times in 132 Posts
I hope everything turns out alright for you. I'm still surprised at how many people are completely clueless at how to pass a cyclist by giving 3 feet of room instead of looking pissy and driving on the incoming traffic lane.

Sorry about your bike, I really hope that you heal up and the insurance issues get sorted out.
ridethecliche is offline  
Old 10-02-07, 12:03 AM
  #7  
avmanansala
Senior Member
 
avmanansala's Avatar
 
Join Date: Aug 2006
Location: Sacramento, CA
Posts: 401

Bikes: Cannondale Road Warrior

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Two words: "Pain" and "$uffering"

If the PD (or community officer or volunteer or whoever) took an actual report, they should have documented (1) that he hit you and (2) that you had injuries. It should also list any witnesses. GET A COPY OF THE REPORT! It will be beneficial when you file your claim.

Glad you are all right. Good luck! Get yourself checked out with your doctor. Keep us informed.
avmanansala is offline  
Old 10-02-07, 12:04 AM
  #8  
change
for the better
Thread Starter
 
Join Date: Sep 2007
Posts: 116
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by Cnumb View Post
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
Bulls**t. OF ALL PEOPLE, a roadie should know how to drive his car around a road bike. He intentionally sped over the 25mph speed limit to pass me, just to try to turn right before I got to the intersection. Someone who doesn't ride is usually oblivious to the fact that a bicycle may be in the vicinity of their car. Someone who rides should be completely aware. Whenever I ride in a car with my riding buddies and whenever I drive, we make sure to give the bike full use of the road and a very wide area to ride in. He deserved it.
change is offline  
Old 10-02-07, 12:05 AM
  #9  
change
for the better
Thread Starter
 
Join Date: Sep 2007
Posts: 116
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by avmanansala View Post
Two words: "Pain" and "$uffering"

If the PD (or community officer or volunteer or whoever) took an actual report, they should have documented (1) that he hit you and (2) that you had injuries. It should also list any witnesses. GET A COPY OF THE REPORT! It will be beneficial when you file your claim.

Glad you are all right. Good luck! Get yourself checked out with your doctor. Keep us informed.
Got the report. He told the officer that he was completely at fault.
change is offline  
Old 10-02-07, 12:12 AM
  #10  
mcoomer
Rat Bastard
 
mcoomer's Avatar
 
Join Date: Jul 2006
Location: Sammamish, WA
Posts: 1,504

Bikes: Cannondale Prophet, Specialized S-Works SL2, Specialized S-Works Stumpjumper

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Liked 0 Times in 0 Posts
Originally Posted by Cnumb View Post
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
Absolutely right...I would have been chewing his ass from the first second. And yeah, if you work with insurance for a damage estimate I'd push for a new bike. Also, don't rush to settle any insurance claim that may arise until you're sure that you're not injured.
mcoomer is offline  
Old 10-02-07, 12:20 AM
  #11  
change
for the better
Thread Starter
 
Join Date: Sep 2007
Posts: 116
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by mcoomer View Post
Absolutely right...I would have been chewing his ass from the first second. And yeah, if you work with insurance for a damage estimate I'd push for a new bike. Also, don't rush to settle any insurance claim that may arise until you're sure that you're not injured.
I'm really concerned about the bike being carbon. I feel that this accident is going to constantly be in the back of my mind, making me wonder if there is a crack or flaw in some of the major components that may come back to haunt me later on - possibly causing further injury. I just want piece of mind. Is there a way for the LBS to say 100% for certain that there is NO, NONE, ZERO damage to the carbon?

For those saying to push for a new bike... any hints on how to get the LBS to "cooperate"? Is it possible to just get a check for the amount I paid for the bike (considering it's brand spanking new)? How much more of a process is that going to be than just getting what's broke repaired?
change is offline  
Old 10-02-07, 12:21 AM
  #12  
Geoff326
Senior Member
 
Geoff326's Avatar
 
Join Date: Apr 2005
Location: Alameda, CA
Posts: 1,093

Bikes: Cannondale CAAD7

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by Cnumb View Post
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
just cause he said he rides road bikes doesn't mean ****. if anything, he should've been more aware of a fellow cyclist if he's a supposed rider.
Geoff326 is offline  
Old 10-02-07, 12:38 AM
  #13  
Zinn-X
proud of his bunny
 
Zinn-X's Avatar
 
Join Date: Jul 2006
Location: UCSC
Posts: 885

Bikes: 2006 Masi Gran Corsa Premio custom build: Full 105, Easton EC70 fork, Easton Circuit Wheelset // 2007 Specialized Stumpjumper (stock for now)

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by Geoff326 View Post
if anything, he should've been more aware of a fellow cyclist if he's a supposed rider.
exactly. the rare occasions when i drive my car, i go way the hell out of my way to avoid cyclists. if that means going over the center line to give them plenty of room, slowing down to let them take the lane, or waiting an extra 5 seconds when i want to make a turn, so be it.
Zinn-X is offline  
Old 10-02-07, 12:49 AM
  #14  
gcl8a
Je pose, donc je suis.
 
gcl8a's Avatar
 
Join Date: Mar 2006
Location: Odense, Denmark
Posts: 1,463
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by change View Post
Bulls**t. OF ALL PEOPLE, a roadie should know how to drive his car around a road bike. He intentionally sped over the 25mph speed limit to pass me, just to try to turn right before I got to the intersection. Someone who doesn't ride is usually oblivious to the fact that a bicycle may be in the vicinity of their car. Someone who rides should be completely aware. Whenever I ride in a car with my riding buddies and whenever I drive, we make sure to give the bike full use of the road and a very wide area to ride in. He deserved it.
Newsflash! Some cyclists are idiots, too!

Glad you're ok. Glad you know where your priorities are (checking over bike while blood drips from elbow ).

I doubt you'll have much trouble with insurance, since you have police report and witnesses.

good luck
gcl8a is offline  
Old 10-02-07, 12:56 AM
  #15  
Edonis13
Senior Member
 
Edonis13's Avatar
 
Join Date: Aug 2007
Location: Sacramento, CA
Posts: 1,711

Bikes: S-Works SL3 Tarmac, Allez E5, Leader 735TT, others

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by Cnumb View Post
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
i hope youre kidding.

to the OP, the kid is lucky you didnt beat the crap outa him. looks like you are going through all the proper channels to get yourself taken care of. good luck and keep us posted.
Edonis13 is offline  
Old 10-02-07, 02:21 AM
  #16  
v1k1ng1001
Gorntastic!
 
v1k1ng1001's Avatar
 
Join Date: Oct 2006
Location: United States of Mexico
Posts: 3,424
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by Cnumb View Post
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
__________________
v1k1ng1001 is offline  
Old 10-02-07, 02:29 AM
  #17  
botto 
.
 
botto's Avatar
 
Join Date: Jan 2006
Posts: 40,374
Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 12 Post(s)
Likes: 0
Liked 20 Times in 9 Posts
Originally Posted by gcl8a View Post
Newsflash! Some cyclists are idiots, too!

Glad you're ok. Glad you know where your priorities are (checking over bike while blood drips from elbow ).

I doubt you'll have much trouble with insurance, since you have police report and witnesses.

good luck
and if you don't believe that, read bikeforums.
botto is offline  
Old 10-02-07, 02:31 AM
  #18  
botto 
.
 
botto's Avatar
 
Join Date: Jan 2006
Posts: 40,374
Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 12 Post(s)
Likes: 0
Liked 20 Times in 9 Posts
Originally Posted by Edonis13 View Post
i hope youre kidding.

to the OP, the kid is lucky you didnt beat the crap outa him. looks like you are going through all the proper channels to get yourself taken care of. good luck and keep us posted.
i rest my case.
botto is offline  
Old 10-02-07, 02:38 AM
  #19  
rollin
Sua Ku
 
rollin's Avatar
 
Join Date: Aug 2006
Location: Hot as hell, Singapore
Posts: 5,705

Bikes: Trek 5200, BMC SLC01, BMC SSX, Specialized FSR, Holdsworth Criterium

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 1 Time in 1 Post
Originally Posted by change View Post
I'm really concerned about the bike being carbon. I feel that this accident is going to constantly be in the back of my mind, making me wonder if there is a crack or flaw in some of the major components that may come back to haunt me later on - possibly causing further injury. I just want piece of mind. Is there a way for the LBS to say 100% for certain that there is NO, NONE, ZERO damage to the carbon? *snip*
I can't see how they could do this. You also need to be clear that if there is a faliure later then Trek will honour the original warranty without questioning the accident. I guess I'm paranoid but I would want a new frame.

Originally Posted by change View Post
*snip* For those saying to push for a new bike... any hints on how to get the LBS to "cooperate"? *snip*
I would be tempted to drop the frame a couple of times against a kerb side before I took it to the lbs for an assesment (accidentally of course)

At least you walked away, good luck!
rollin is offline  
Old 10-02-07, 02:50 AM
  #20  
bmclaughlin807
Crankenstein
 
bmclaughlin807's Avatar
 
Join Date: May 2006
Location: Spokane
Posts: 4,038

Bikes: Novara Randonee (TankerBelle)

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 2 Times in 2 Posts
Originally Posted by rollin View Post
I would be tempted to drop the frame a couple of times against a kerb side before I took it to the lbs for an assesment (accidentally of course)
You're really going to go on an open forum and suggest that someone commit insurance fraud??? People go to prison for that, you know....

To the OP: If it were my bike, and I really wanted to make sure, I'd send the frame back to the manufacturer and have them check it out.
__________________
"There is no greater wonder than the way the face and character of a woman fit so perfectly in a man's mind, and stay there, and he could never tell you why. It just seems it was the thing he most wanted." Robert Louis Stevenson
bmclaughlin807 is offline  
Old 10-02-07, 03:02 AM
  #21  
rollin
Sua Ku
 
rollin's Avatar
 
Join Date: Aug 2006
Location: Hot as hell, Singapore
Posts: 5,705

Bikes: Trek 5200, BMC SLC01, BMC SSX, Specialized FSR, Holdsworth Criterium

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 1 Time in 1 Post
^^ I wasn't suggesting anyone do anything, I was merely saying "I would be tempted...."I forgot some people use the interwebs as their moral compass....
rollin is offline  
Old 10-02-07, 03:10 AM
  #22  
bmclaughlin807
Crankenstein
 
bmclaughlin807's Avatar
 
Join Date: May 2006
Location: Spokane
Posts: 4,038

Bikes: Novara Randonee (TankerBelle)

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 2 Times in 2 Posts
Originally Posted by rollin View Post
^^ I wasn't suggesting anyone do anything, I was merely saying "I would be tempted...."I forgot some people use the interwebs as their moral compass....
Gotcha. I didn't really think you were actually suggesting it, but.... well... you never know.
__________________
"There is no greater wonder than the way the face and character of a woman fit so perfectly in a man's mind, and stay there, and he could never tell you why. It just seems it was the thing he most wanted." Robert Louis Stevenson
bmclaughlin807 is offline  
Old 10-02-07, 05:27 AM
  #23  
maddyfish
Senior Member
 
maddyfish's Avatar
 
Join Date: Jul 2006
Location: Ky. and FL.
Posts: 3,944

Bikes: KHS steel SS

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by Cnumb View Post
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
Because people are stupid, is no reason not to admonish them. when somebody does something stupid, tell them or they may never know.
maddyfish is offline  
Old 10-02-07, 05:36 AM
  #24  
jrobe
Senior Member
 
Join Date: Aug 2006
Posts: 2,474
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 9 Post(s)
Likes: 0
Liked 9 Times in 6 Posts
Imagine after going through this that there are idiots on this forum wearing Ipods while riding so they are even less aware of the cars coming up behind them. I hope it works out all well for you.
jrobe is offline  
Old 10-02-07, 06:58 AM
  #25  
Bontrager
Senior Member
 
Bontrager's Avatar
 
Join Date: Dec 2004
Location: Boulder, CO
Posts: 2,339

Bikes: Road, MTB, Folding, Commuting bikes...

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by Cnumb View Post
People make mistakes, I don't think you should have chewed him out after he said he rides road bikes.
The kid knew what he was doing. It wasn't a mistake. He almost killed someone. I'm sure you'd think differently if it was your wife or kid. People like that kid should not be driving.
Bontrager is offline  

Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.