What can I claim for?

wastelander · May 2007

The 2nd time in 12 months I've been punted off! This time it was directly from behind whilst stationary. Driver accepted it was their fault, left details etc. Foprtunately I'm fine (apart from a bruised backside!) but the rear rim is written off along with a number of spokes. Other components are scuffed (pedals, saddle, bar tape etc). I'm getting the frame checked out this weekend, just in case it's been knocked out of alignment. My question is what can I legally ask to be considered to be replaced? Obviosuly the repair/replacement of the wheel, taxi fair incurreed getting me home, cost of checking frame but how about the superficial damage as it certainly wasn't there before I got punted? Can I resonably ask for compensation for scuffs to parts that work but now look not as new as they did?

One more turn of the wheels...just one!

jel · May 2007

If it was a car you could claim for bodywork repairs, I imagine you could do the same for the bike.

Gavin Gilbert · May 2007

If you had sold the parts that are scuffed prior to the accident how much would you have got for them? And how much less would they be worth now because of the cosmetic damage? Why should you accept riding a bike with scuffed parts because of someones negligence?

And what's to say that what appears to be cosmetic damage isn't hiding a latent problem - the bartape is scuffed, therefore the 'bars took an impact, therefore the safe option is to replace the bars and maybe the stem too. The drivers insurers will bitch about it but stand your ground.

<hr noshade size="1">I'll have an organic decaff skinny goats milk cappuccino with fairtrade chocolate in a recycled cup to go please

domtyler · May 2007

Compensation works on the premise that you should be left in exactly the same financial state after having repaired or replaced everything that is effected as before the collision. You should report this to the police within 24 hours too as you have been injured, even if it is only mild bruising. Do you have an independent witness? You should contact a solicitor immediately.

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Cab · May 2007

Report it to the police, and claim for all of it.

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ChrisLS · May 2007

...join the CTC(if you are not already a member)and contact their legal department...

Positron · May 2007

You absolutely have to report it to the police with full details including your injuries. As has been said you should be put back in the same position as before - so yes the driver (whether via their insurance or whatever)should even pay for your LBS to put new bar tape on (and shouldn't be allowed to get away with even assuming you are willing and/or able to do this yourself). Any queries and ask about compensation for you injuries, taking legal advise from CTC.

You don't have to be a git about it (so I wouldn't really expect you to want whatever the rate is for a bruised bottom!) but you have every right to be put back exactly where you were. For God sake if they'd been going faster they could have killed you.

p.

smiorgan · May 2007

Report to the police, get your bike and your butt checked out. Take some legal advice. You're probably entitled to compensation for injury/distress. Do you have witnesses?

For a real figure I believe a mate got 2 grand for new bike, injury and distress when he was knocked off by a bus; the bike was the smallest portion. No idea if that figures high or low though.

wastelander · May 2007

First of all I do have an independant witness. I just want to be back on my bike and currently it looks like I have to get the Enduro back into service. Secondly, once reported, what do I do next? Do I replace the components myself (taking photographs first) and then see what I can get back from the driver/insurance company? My LBS are checking the bike over on Saturday and will give a written report on the damage incurred. If I start to persue an injury claim then surely this will just put a whole delay on the matter? So much hassle when all a driver had to do was look in front of them!

One more turn of the wheels...just one!

phil_ss1 · May 2007

Hi,

Why not take the approach that motorists do and hire a [nice] bike from the local LBS whilst they settle your claim? The longer they drag out agreeing to pay for the damage the more it'll cost them in hire and you get back on the road asap.

Phil [B)]

belgiangoth · May 2007

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by jel

If it was a car you could claim for bodywork repairs, I imagine you could do the same for the bike.
<hr height="1" noshade id="quote"></blockquote id="quote">
I agree, get your LBS to write up a "quote" for the repair of scuffed/superficially damaged parts - they may well have done this before.

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Flycatcher · May 2007

I've just sent off a claim as I was knocked off last week. I've claimed new wheel, gear set, front forks, brake levers. I've told them that I can get the frame checked by the manufacturer at their cost and provsion of a purchase order. The re-spray seems to come in at œ150 as the frame is scuffed. In short it's an entry level road bike I commute on. I've asked them for œ499 to replace it as it will be quicker.

If it's not settled in two weeks I will contact the CTC and get them on the case. By this time the claim will start tio include my costs to and from work so the quicker they settle the quicker it will be. It will also begin to include distress and injury as I did hurt my back and backside. I really just want to get back on it again. It would probably be OK with a quick service and new wheel but why should I risk a weaker frame? Why should I have scuffed frame even though it's just my commuting bike?

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rgisme · May 2007

I think one thing ought to be made clear *again* to some of those who have replied to this topic: There is NO legal obligation on a cyclist to report an incident in which they have suffered injury or damage to property to the police. Furthermore even a driver does not necessarily have an obligation to report such incidents provided that they have supplied their name and address and insurance details to any interested party at the time of the incident.

So wording such as 'you absolutely have to' report it to the police is just plain and simply wrong. The most useful time to report such incidents, if you want to do it, is at the time of the incident itself. Then they can breathalyse the driver if they want to, do the driver, insurance and mot checks (which they might not bother to do if reported later), take witness details etc. It might help ensure you get a true name and address for the driver. If you report it later they'll give you a reference number for the incident and that will be about it. If you didn't report it after the accident, it wouldn't stop you pursuing the claim and should have no bearing on the outcome.

Positron · May 2007

Just to join you on your high horse rgism when I said "You absolutely have to" I was expressing my personal opinion and strongly recommending it - I did not state that this was based on any particular legal requirement.

Okay? p.

wastelander · May 2007

A big thanks to all of you who urged me to join the CTC to help me out with this - their legal team were quickly on the case, recommending that I persue an injuries claim in addition to the cost of the damage to my Cannondale. My LBS has given a damage report and indicated that the frame should be scrapped as the seat stays are twisted and because of the possiblity of internal structural damage. This is in addition to the rear mech and rear wheel being totalled,l so it looks like a hefty insurance claim is underway!

One more turn of the wheels...just one!

jakob_s · May 2007

<blockquote id="quote">quote:<hr height="1" noshade id="quote">Originally posted by wastelander

A big thanks to all of you who urged me to join the CTC to help me out with this - their legal team were quickly on the case, recommending that I persue an injuries claim in addition to the cost of the damage to my Cannondale.
<hr height="1" noshade id="quote"></blockquote id="quote">

Why?. I thought it was just bruises?.

FGG #2384

What can I claim for?

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