Should I make a claim?

blatchcorn
blatchcorn Posts: 35
edited August 2011 in The bottom bracket
Today a driver pulled out in front of me when waiting in a queue of traffic while I was overtaking on the right hand side. I went into the side of the car.

There was no damage to my bike, but I took it to the bike shop anyway for them to check to make sure it is ok. They said they cannot see any damage what so ever to the bike. But they said that there is a 0.0000000001% chance that the aluminium frame could have an internal hairline fraction that is undetectable and the fact that they are now aware the bike has been in an accident means that the Cannondale life time warranty has now been voided.

The bike is not under house insurance. Should I make a claim against the driver who hit me and get a new bike or continue to use the bike without the warranty?

Comments

  • izza
    izza Posts: 1,561
    Claim.

    Why run a risk if the driver admits liabilities.

    Plus, wait to see if you feel OK later. I had a driver pull out in front of me. Bounced over his bonnet and down the road. Got home and felt a bit shaken but physically OK. Next day, back had gone into spasm and couldn't work for 3 weeks.
  • Claim for what?
    Remember that you are an Englishman and thus have won first prize in the lottery of life.
  • Keith1983
    Keith1983 Posts: 575
    As part of a civil claim there are 3 considerations.
    1. Did the accused owe you a duty of care?
    Answer - Yes as a fellow road user he did.

    2. Did the accused breach that duty of care towards you?
    Answer - debatable, as I don't know the exact situation of the accident.

    3. Did that breach od duty of care result in any loss for you?
    Answer - Seemingly not. Your bike is not damaged and you are not injured.

    From this I can't see what it is you're actually claiming for.
  • El Gordo
    El Gordo Posts: 394
    Yeah, claim. Why not let everyone else's insurance premiums buy you a new bike even though the old one is absolutely fine :roll: !

    Or... put it down to experience, be grateful there was no damage and watch where you're going next time you're going down the outside of a line of cars.