Knocked off bike this morning, what do I do regarding carbon frame

General bike chat that does not fit elsewhere
dimmockg
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Knocked off bike this morning, what do I do regarding carbon frame

Postby dimmockg » Sun Sep 08, 2019 13:00 pm

As the title really

Was 3/4 round a roundabout, fella came out didn't stop, could see what was happening, shouted and waved then took the hit

Flung up in the air, landed on back of head, hip, elbow and ankle. Kask mojito is ruined but did its job (thankfully), saddle is ruined, front wheel is buckled (novatec jetfly), not had time to check the frame over yet but have all the insurance details due to police and ambulance etc on the scene

My bike is a tcr advanced 2 (2018), naturally worried about the frame and forks. I will call the drivers insurer later and log the details etc, but what should I do regarding the bike? Are my options and independent report to assess the damage from a structural point of view or do I push for a replacement as in the event there is underlying damage the insurer would then be liable if the frame 'collapsed'

Cheers all

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Slowmart
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Slowmart » Sun Sep 08, 2019 13:11 pm

Let solicitors sort it out otherwise the other party’s a solicitor will suck the life out of you.

Are you a member of British cycling? They have well respected companies who act on behalf of their members?

If not some home insurance policies cover your legal bills in this case

Or lastly, use an ambulance chasing company to resolve the issues and ensure you are returned to the position you were at prior to the accident.

Good news you are still walking around and it’s only material items which have been damaged
And God created the bicycle, so that man could use it as a means for work and to help him negotiate life's complicated journey.

cougie
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby cougie » Sun Sep 08, 2019 13:24 pm

Bike should be written off. As above get someone to represent you or youll get ripped off.

lesfirth
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby lesfirth » Sun Sep 08, 2019 13:37 pm

Get Leigh Day on the job. They will sort out everything. I was knocked off my bike earlier in the year. They have been superb. I don't work for them or have any interest in the company. If you would like to talk to me send a PM and I will be happy to relate my experience.

TimothyW
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby TimothyW » Sun Sep 08, 2019 13:56 pm

Yeah, don't worry about the frame, any bike shop will happily write a letter for insurance confirming it needs to be replaced to guarantee it's safety.

Get a lawyer, get yourself better and don't sweat it.

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Franco di Banco
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Franco di Banco » Sun Sep 08, 2019 14:40 pm

Get a solicitor first thing Monday morning. Any bike shop will write off a crash damaged carbon frame. It really isn't worth taking the risk of it cracking under you.

Don't handle things yourself or you will get ripped off, and the other guy will pick up all your costs.

Nice new bike time, but why should you suffer because of some dumbo driver?

dimmockg
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby dimmockg » Sun Sep 08, 2019 14:58 pm

Thanks all

Nothing sinister after 3 x-rays which is good news

I'll get onto a pro tomorrow - probably be a no win jobby as don't have British cycling membership and no home insurance at present as sold house and staying with in laws temporarily

Police came and visited me back in hospital and they have independent witness who verified everything so there shouldn't be any issues. I assume in terms of like for like it'll be a 2020 tcr advanced 2? I changed the wheels amd stem over to suit me so I assume they'll replace those as well?

Thanks again

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Pippi Langsamer
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Pippi Langsamer » Sun Sep 08, 2019 22:05 pm

I think you'll find it was an Advanced 0 you were riding... #JustSaying :idea:

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redvee
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby redvee » Mon Sep 09, 2019 00:48 am

Another name to chuck into the hat for the legal process is Bikeline aka Alyson France & Co. Solicitors, they handled my accident case 17 years ago, luckily nothing major only broken bone was in my sinuses.
A word of warning, it won't be a quick process particularly if you've suffered injuries. Some insurance companies will make an interim payment for damages to bike/clothing and out of pocket expenses etc then settle the injuries side of things later.
I've added a signature to prove it is still possible.

dimmockg
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby dimmockg » Mon Sep 09, 2019 02:02 am

Many thanks again for the info and pointers

I'd like the bike and associated bits sorted as soon as possible ideally, have drafted a list of parts damaged etc ready for a call this morning

Also found a local Giant dealer (5 miles luckily), that in the event I need the frame checked over I'm sure would be able to assist - in addition to being knocked off and the accident getting the bike sorted or replaced ASAP is causing me some bother. I'm very much of the ilk if something has been damaged or isn't right then replace it - which is what I'd ideally like from this if possible from a future confidence point of view

The driver which ran into me and knocked me off is with the AA, has anybody been unfortunate enough to have had a similar incident as this and have any experiences of claiming against a driver insured by the AA?

Aberdeen_lune
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Aberdeen_lune » Mon Sep 09, 2019 08:24 am

These things take a while to resolve. As previously stated first thing to do is get legal help. If you can push for bike replacement early and settle the injury costs later. It usually takes at least six months to agree a settlement sometimes much longer.
Just watch out though sometimes an injury won’t be immediately apparent. An example was my last accident in March. I thought I’d just sprained my wrist but it didn’t heal as expected. Turns out it was a fractured scaphoid. I’m still waiting for a pay out on that accident.

Slowbike
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Slowbike » Mon Sep 09, 2019 08:27 am

If you're a member of a bike club you may be able to use their solicitors - worth checking....

AndyH01
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby AndyH01 » Mon Sep 09, 2019 11:49 am

AA is underwritten by AICL Gibraltar insurance Co (head office in Kent) also underwriter for Sage and others according to their website, not sure who handles their claims and whether they farm them out.

The largest expense to the third party insurer will be injury compensation closely followed by legal fees and then property damage...(and in case of motor, credit hire charges)

As be a small track claim ie done through the claim portal( for claims up to £25K) and OP hasn't sustained serious injury and appears more concerned about the bike than injury/compo, I would personally speak to the AA directly in the first instance, prior to seeking entering into a "no win, no fee" agreement (you'd have to get Before the event insurance and have success fees of up to 25% deducted if successful) Plus involving solicitors will also slow down the process, be looking circa two years to finalise.

My only claim requiring legal assistance was with Aviva who as third party insurer (ie drivers who hit me and denied liability insurer) insisted I got my own legal representation and wouldn't speak to me directly....which I still find a bit odd...anyway....

So speak to AA get the claim at least logged with them, the insurer will obviously want speak to their driver first, if not already done so and get their account, however, if you have written police report and witness statement they shouldn't be able to dispute liability, if in your favour and supports your claim.

Once liability agreed it's then just matter of quantum (value of claim) and be open for negotiation, insurers get a bad rep for ripping ppl off but look at claim fraud including exaggerated claims, whiplash claims (costs industry over £1B a year) lawyer fees etc... its a balancing act and generally insurers are reasonable, they also have to protect their reputation too. PPL feel hard done by when claim repudiated when insurer refer to their T&Cs that no one reads and think every event is covered, no two claims are the same etc...

In terms of comp for property damage, specifically bike, Giant tcr advanced 2 2018 still available for £1300 or Dafy Advanced 0 2019 circa £4500 ? Compared to getting a quote to fix the frame, fixing the frame, plus replacement parts etc say what £1k repair job? Plus the insurer could become liable if frame repair failed and caused OP/others injury death, wouldn't be worth their risk. They may however deduct reasonable expected wear and tear off the £1300, idea being to indemnify you - back in same financial position you enjoyed immediately prior to the accident - otherwise you would've "gained" /betterment to have a brand new better bike then the one you had... hence why there can be some negotiation to be had but the OP be in best position to know true value of their loss so be in best position to negotiate this and will possibly need to provide evidence of costs and specs of old as well as new replacements.

Don't forget to keep track of out of pocket expenses and claim these back too, time off work to recover, travel expenses appointments, work etc can also claim for clothing and accessories etc as well as any injury... photograph any cuts, bruisers, just in case you also want to contest their valuation.

dimmockg
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby dimmockg » Mon Sep 09, 2019 12:09 pm

Cheers Andyh01

Have spoken with the AA twice this morning already, who as suggested above are waiting to speak with their insured directly as the incident was logged via their FNOL team

I have given a list of damage and items beyond repair etc and await their response for those in the first instance

I'm currently getting a document together with proof of purchases for all items and await a call back this afternoon before deciding what to do

I have also spoken with a local Giant dealer who suggested the bike would likely be written off - but I'll await on AA response before doing anything further

Cheers

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Dorset Boy
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Dorset Boy » Mon Sep 09, 2019 12:26 pm

Kask also offer a helmet crash replacement - you can get a replacement helmet of the same model at 50% of RRP. You will need to contact Velobrands, their UK distributor, return the damaged lid with proof of purchase, and pay them for the replacement.

You can even replace a crash replacement (if that makes sense!).

Good luck with the insurance claim and fingers crossed there are no hidden injuries.

AndyH01
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby AndyH01 » Mon Sep 09, 2019 13:32 pm

No worries, as I say most insurers are reasonable, contrary to belief.

Hopefully driver will confirm liability, however its funny how ,they will start to deny liability when they realise lose no claim bonus, with a claim against them and increase to insurance premiums. Driver claimed I cycled into them, despite them going over give way line...
Insurers have to take their policyholders word until evidence to contrary...

Once liability accepted, they probably not quibble property damage unless appears exaggerated £10k of clothing.. really :D
Lights, computers? My edge 500 had a hairline crack and smashed light, so I included these.

You will still also be able claim personal injury too.

Like you say, you can't decide on how to proceed until they come back to you. Their driver may be slow to respond hoping it'll go away/head in sand.. they may also be reasonable and not dispute it and be co-operative,.. wait and see and if needed chase in 5-7 days time if not heard back.
Last edited by AndyH01 on Tue Sep 10, 2019 08:13 am, edited 1 time in total.

lesfirth
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby lesfirth » Mon Sep 09, 2019 20:29 pm

AndyH01 wrote:
As be a small track claim ie done through the claim portal( for claims up to £25K) and OP hasn't sustained serious injury and appears more concerned about the bike than injury/compo, I would personally speak to the AA directly in the first instance, prior to seeking entering into a "no win, no fee" agreement (you'd have to get Before the event insurance and have success fees of up to 25% deducted if successful)

In terms of comp for property damage, specifically bike, Giant tcr advanced 2 2018 still available for £1300 or Dafy Advanced 0 2019 circa £4500 ? Compared to getting a quote to fix the frame, fixing the frame, plus replacement parts etc say what £1k repair job? Plus the insurer could become liable if frame repair failed and caused OP/others injury death, wouldn't be worth their risk. They may however deduct reasonable expected wear and tear off the £1300, idea being to indemnify you - back in same financial position you enjoyed immediately prior to the accident - otherwise you would've "gained" /betterment to have a brand new better bike then the one you had... hence why there can be some negotiation to be had but the OP be in best position to know true value of their loss so be in best position to negotiate this and will possibly need to provide evidence of costs and specs of old as well as new replacements.

.


I have no idea what fees Leigh Day got for handling my claim but there was no deduction from my award.
From accident to settlement was 9 months.
What is fair compensation for spending 5 hours in A&E instead of being back home with your family, or not being able to get to sleep because of your bruising/gravel rash,or not being able to ride your bike for weeks/months. On your own you have no idea of what to claim. Insurance companies have no obligation to be fair but they are obliged to limit their losses.

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Ballysmate
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Ballysmate » Mon Sep 09, 2019 20:56 pm

There are other solicitors available. Your choice, but it would grieve me to put a penny in Martyn Day's pocket.

Pilot Pete
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby Pilot Pete » Mon Sep 09, 2019 23:08 pm

I agree with Andy - try dealing direct with the other party’s insurers directly first. I did this a year or so back and as long as the driver doesn’t dispute liability then I found it very straightforward. I had a foreign cycling trip planned within the month and made them aware of all this, sent a letter/quote from the dealer with RRP prices for EVERY damaged part of my bike and kit. All in all this came to over £7k, which included helmet, sunglasses (broken arm), Sidi shoes which were scuffed up, ripped clothing, and loads of bike bits including tyres which had sidewall damage, bars and saddle which were scuffed, bar tape and end plugs, rear di2 derailleur and hanger which was smashed off and of course frame and forks.

With a bit of pushing they paid out within 3 weeks and I had everything sorted for my trip. Old lady’s insurer was Ageas.

PP

dimmockg
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Re: Knocked off bike this morning, what do I do regarding carbon frame

Postby dimmockg » Tue Sep 10, 2019 04:05 am

Thanks all, I've been dealing with AA over the phone a couple of times already. They've taken some loose info regarding what happened, how I am, my current injuries and I've given them an idea of damage to the bike and any associated parts, upgrades or accessories. I'm waiting for them to speak with their insured and potentially a witness. In the interim I've (my own doing) prepared a written statement of what happened, a log of injuries and a document /file of all proofs of purchase - as I assume these will be required at some point. I'll also start taking photos of obvious damage to the items on the list as well and will await next steps from the AA before deciding my next course of action

Their insured did call me today to check I was ok, I didn't say an awful lot, however I personally feel that they are perhaps at an age where a review of their driving ability and suitability is probably required. During the brief conversation I advised that the insurer where wanting to speak to them quite urgently and suggested a call was made to the AA next

Thanks again for all the insight and experiences shared, is most useful.


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