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Got Hit by car - Is the frame at risk, insurance says no...

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Got Hit by car - Is the frame at risk, insurance says no...

Old 06-16-10, 02:16 PM
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ThePerchik
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Got Hit by car - Is the frame at risk, insurance says no...

Hi All,

I was riding about 2 weeks ago and got hit from the rear left by a car. I somehow managed not to fall off but i almost got slammed by the car in the next lane to the right since i got pushed into that lane. The middle lane was the car that hit me. The right lane is a dual use lane for bikes and cars. It is wider and the left side of the right lane is for bikes as marked. The guy in the middle lane went across a solid line into me.

So I managed not to fall off, did the police report thing. The shop estimated damages and now the adjuster looked over it. He is saying only the rear wheel and the left pedal and cranks are gonna get paid for.

I have a Specialized. Should i be fighting for more here? The frame is aluminum and the fork is carbon. I feel like they are really discounting the damages just because i managed not to fall off. Is the frame/fork at risk of weakness after this accident that warrants replacement?

Any suggestions would be appreciated. Thanks.

Last edited by ThePerchik; 06-17-10 at 07:34 PM.
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Old 06-16-10, 02:25 PM
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i hate to suggest a lawyer but if they are going to jerk you around and not pay for what the shop says is broken or unridable, then maybe a lawyer is the way to go. The adjuster is just some jerk trying to get out of this with the least amount of money. Demand that they pay for the frame. I know people who try to settle things by not getting an attorney involved but the insurance companies make it almost impossible to deal fairly with them. (I am not an attorney nor do I play one on TV).
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Old 06-16-10, 02:25 PM
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With an aluminum frame, you really ought to beable to see if it was dented or bent. If it is, you've got a potential problem; if it isn't you don't.

I'm assumming your LBS is saying it's ok? If not, have them put in writing what the problem with the frame is.

Also you could ask for the LBS to arrange to have the Specialized rep look at it. He's likely to be very cautious in representing that the frame is ok, for obvious liability reasons, and would be another source of a helpful opinion.
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Old 06-16-10, 02:27 PM
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Originally Posted by longbeachgary View Post
i hate to suggest a lawyer but if they are going to jerk you around and not pay for what the shop says is broken or unridable, then maybe a lawyer is the way to go. The adjuster is just some jerk trying to get out of this with the least amount of money. Demand that they pay for the frame. I know people who try to settle things by not getting an attorney involved but the insurance companies make it almost impossible to deal fairly with them. (I am not an attorney nor do I play one on TV).
From the Op's post, we're talking about property damage, not a personal injury claim. And we're talking about a 4 year old lower end frame, with a FMV of maybe $200, and a replacement cost that couldn't be over $500.

Retaining a lawyer for that would be a complete waste of time.

Besides, from the post, it sounds like there may very well be nothing wrong with the frame, and the insurance adjusters position may be well founded.
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Old 06-16-10, 02:30 PM
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The shop said that the fork may be damaged due to the shock of the the hit and that they dont feel it is safe to ride going forward since structural weakness may have been introduced.
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Old 06-16-10, 02:34 PM
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Originally Posted by ThePerchik View Post
The shop said that the fork may be damaged due to the shock of the the hit and that they dont feel it is safe to ride going forward since structural weakness may have been introduced.
Have them put that in writing and send it to the adjuster.
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Old 06-16-10, 02:44 PM
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Originally Posted by ThePerchik View Post
The shop said that the fork may be damaged due to the shock of the the hit and that they dont feel it is safe to ride going forward since structural weakness may have been introduced.
Originally Posted by hammond9705 View Post
Have them put that in writing and send it to the adjuster.
I'd agree with Hammond. At that point its going to be difficult for the Adjuster to counter that.

However, I Honestly think its BS, unless the can point to some actual physical damage. From your post it doesn't even sound like the front wheel was damaged.

I've wrecked bikes with carbon forks, where there was a significant impact with the ground, and the fork was no worse for the wear. Here it sounds like there was no physical contact with the fork, and no damage to the front end of the bike or wheel.

But if the LBS is willing to back you up, better safe than sorry.
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Old 06-16-10, 02:49 PM
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OK, thanks everyone, i just spoke to the adjuster. He is very adament that no damage to the fork and frame. I guess ill just get a new wheel, crank and pedals.

Walking away from a car accident without injury and getting no out of pocket cost for emergency repairs isn't so bad.
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Old 06-16-10, 02:55 PM
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Originally Posted by longbeachgary View Post
i hate to suggest a lawyer but if they are going to jerk you around and not pay for what the shop says is broken or unridable, then maybe a lawyer is the way to go. The adjuster is just some jerk trying to get out of this with the least amount of money. Demand that they pay for the frame. I know people who try to settle things by not getting an attorney involved but the insurance companies make it almost impossible to deal fairly with them. (I am not an attorney nor do I play one on TV).
An attorney for a 2005 Allez and no injuries? Good luck with that.
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Old 06-16-10, 03:46 PM
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Originally Posted by ThePerchik View Post
OK, thanks everyone, i just spoke to the adjuster. He is very adament that no damage to the fork and frame. I guess ill just get a new wheel, crank and pedals.
I agree with the others that for the amount of $ involved, it doesn't make sense to hire a lawyer & you won't be able to find one who would take it on a % basis (unless you can find an attorney/cyclist who doesn't like insurance companies & would take it for the personal satisfaction). If the lbs will put their opinion in writing & be willing to come to court & testify if necessary, you could try small claims court and represent yourself. Kind of depends how you feel about the fork.
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Old 06-16-10, 03:56 PM
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Try telling the adjuster that he needs to replace the bike, or you will retain a lawyer - you've got nothing to lose. Tell him you want his answer in writing.
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Old 06-16-10, 04:02 PM
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What exactly did the LBS say needed replacing? Did the adjuster physically examine the bike or is he just going by what kind of accident it was? Sounds like you just gave up on the potential of getting a replacement frame.
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Old 06-16-10, 04:16 PM
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Or you can get what the adjuster said in writing and what the LBS said in writing and send a copy to the higher ups, or hold onto it if the fork or frame start to show signs of damage as you ride it more. OR just have the frame x-rayed and get on with your life.
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Old 06-16-10, 09:52 PM
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this is why I make sure to only ride full carbon bikes when I plan on being hit by a car.
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Old 06-16-10, 10:04 PM
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Originally Posted by Guillotine007 View Post
this is why I make sure to only ride full carbon bikes when I plan on being hit by a car.
Thanks for the days laugh, lol
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Old 06-16-10, 10:14 PM
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Did the bike shop check the frame alignment?

Basically you pull out the wheels, and use some string and a ruler to see if anything is out of whack. If they don't know how to check a frame out for a twist or bend, find another bike shop that has done it before.

If the frame is damaged, it will be bent. If the frame is still true, you're going to be just fine.
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Old 06-17-10, 05:50 AM
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Was the adjuster an expert in bikes? I'd think they'd want you to take it to a shop and get the shop to do the inspection.
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Old 06-17-10, 06:30 AM
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Adjusters will always low ball you and hope you are stupid and take it. Ask for more (replacement) and usually they will budge.
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Old 06-17-10, 10:07 AM
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Originally Posted by merlinextraligh View Post
Retaining a lawyer for that would be a complete waste of time.
+1 They won't touch claims less than $5-10K depending on who you talk to. They get roughly 1/3rd the settlement and $3K doesn't even get an attorney to look in your general direction. Take what you can get and go ride. GL
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Old 06-17-10, 10:47 AM
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How easy would it be to change insurance companies? If you have that freedom, then say that you'd like any part replaced that you wouldn't feel comfortable riding, based on the shops assessment and your own inspection. If they don't go for it, you can make a point of your dissatisfaction, and threaten to go somewhere else next time. Don't be a jerk and try to milk a complete replacement out of the company, but insist that they listen to the expert opinion.

I'd be more worried about the fork than the frame. If an aluminum frame is still true, it's fine.
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Old 06-17-10, 02:56 PM
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Originally Posted by ThePerchik View Post
OK, thanks everyone, i just spoke to the adjuster. He is very adament that no damage to the fork and frame. I guess ill just get a new wheel, crank and pedals.

Walking away from a car accident without injury and getting no out of pocket cost for emergency repairs isn't so bad.
OK, since you posted here, did you listen at all to what was said? If so, WHAT DID THE ADJUSTER SAY WHEN YOU PRESENTED HIM A WRITTEN ASSESSEMENT OF THE FRAME BY THE BIKE SHOP? Or did you not do that even though it is not only obvious that you should, but was also recommended here. If so, why did you post here at all?

Please tell us what the adjuster said when you presented him proof that the fork and / or frame were suspect.
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Old 06-17-10, 06:13 PM
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Originally Posted by ThePerchik View Post
OK, thanks everyone, i just spoke to the adjuster. He is very adament that no damage to the fork and frame. I guess ill just get a new wheel, crank and pedals.

Walking away from a car accident without injury and getting no out of pocket cost for emergency repairs isn't so bad.
Amen.
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Old 06-17-10, 06:19 PM
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Turns out the adjuster is an expert biker. He held tight at his original estimate. So I just agreed and life goes on. Again...hit by car...walk away...I'll take it.

I was going through the insurance of the driver that hit me, so can't threaten with leaving them lol.

Thanks again everyone for the time and suggestions.
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