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Post Accident - Replace Bike - Or Hold Out For Claim

R0MR0M Posts: 16
edited January 2013 in Commuting general
I was knocked off by a van on the 10th. I reported it to police and his insurance after getting the details (he refused to give me insurance details)

So far I've been dealing with myself. Aviva have sent him a letter on the 16th and had no reply as of today. They have now asked me to send in a diagram and a statement.

I'm thinking of doing the cycle to work scheme, our place only accepts applications till feb. So need to do it in the coming coming weeks if I am.
My bike has a bent frame, and some some damaged component's.
I don't want to try and repair my bike, as it is 6 months old, and the frame is gouged to hell. So would never been happy with it.

My thinking is if I wait on insurance, it may go badly. I may have to get a solicitor involved which will drag on.
If they settle, I think I can hold out for a cash offer? So would cover new bike, and the kit damaged in accident.
So makes sense to replace the bike and kit now, so I can get back to riding instead of driving.

Any reason to not replace the stuff now? I can't afford to buy a bike other then the scheme right now. But can replace the kit I need.

Thanks

Posts

  • schweizschweiz Posts: 1,644
    Don't accept anything but a monetry payment from the insurance. If you choose to replace your bike with your own money/B2W then that's your choice. The driver's insurance just have to cover your losses if the driver is proven to be negligent.

    FWIW, I was knocked of my bike aged 12, way back in 1990. It took until I was well over 18 to get a payout. I had bought two new bikes in that time!
  • ride_wheneverride_whenever Posts: 13,279
    Get a new bike on c2w, look for a decent bike with slightly sub-standard wheels but a great frame and gruppo then when the insurance comes through buy some pimp wheels!
  • fossyantfossyant Posts: 2,549
    Don't forget to take the damaged bike in to a local LBS for a damage assessment.

    By all means go for new bike, but keep old one as it is. Hopefully you'll eventually get a pay out that you could use to replace the damaged frame and parts / additional bike !
  • Pick the phone up to Aviva & ask for an update, they will probably tell you the same as before but its worth checking.

    They are probably still awaiting their driver to complete the claims form & fill them in on any further info, along with chasing up the police report. Probably the driver trying it on & thinking if they don't fill the form in their insurers won't pay out.

    Send them then info & also keep copies yourself. Personally if it were me I would send them a diagram, photos (you can always go back to the scene and take a photo with your bike & use another car for position just point this out to them), plus print out a google street view image & possibly contact the police for an update too. Make sure when you send them the info give them 14 days to reply to you. If you have not heard back from them in 14 days phone them again and ask for an update. If nothing has changed them advise them you are appointing your own legal representation. Google after the event insurance and find a solicitor that will deal with your claim, basically they will only act for you if you will win but if your clear cut that you were knocked off (do not include in this is you were riding up the inside of him as this would not be clear cut). Pass all your info over to the solicitors & include expenses for your time, cost of phone calls, printing etc - all known as out of pocket expenses.

    Only thing you may need to consider is if there were no independent witness's you would be in the same position as if you were in a car, both sides saying "it wasn't me" and the insurers wont let it go to court as they would just confirm with no proof either way a 50/50 settlement. Its a hard position & I'm not in anyway trying to do you down as I too have been knocked off by a [email protected]*@ in a car but in all honesty keep this at the front of your mind as you might not get anything out of it & any solicitor you appoint will tell you this, thats why its better to go for one once you know what the driver is saying, if they admit your in an OK position.
    Pain hurts much less if its topped off with beating your mates to top of a climb.
  • R0MR0M Posts: 16
    I rang them before I posted this. Thats when they said still no reply from driver. Apparently case is due for review on the 8th Feb, whatever that means.
    They also asked for the statement and diagram.

    I have printed out the data from my Endomondo app, which shows exact route, where it happened, speed I was doing (and the abrupt halt I made!)
    Also going to include a letter covering what happened, and details of damage and injuries.

    My gf works for a Solicitors firm, but her dept is clinical negligence. Turns out one of the solicitors used to work as a motorcycle rta specialist. So hopefully she will advise and check letter at least.

    I was passing on the outside of him. He pulled out before the turn, I assume to drive on wrong side for a bit, then make his turn. He was stationary before he pulled out. Traffic was not moving.

    I feel so stupid for not getting witnesses. But at the time I just wanted to pick myself, and my mangled belongings up and get out of the road.
  • Sorry to hear of your accident. I wondered if I could be of any help. I am a cyclist but also a solicitor specialising in cycling accidents.

    If you can afford to replace your damaged bike and cycling kit now (either with a direct payment or via the cycle to work scheme) then there is no reason not to do this, BUT you should first take the bike to your local bike shop for a repair estimate or to confirm that it would not be possible to repair the bike. You should also make sure that you keep the original damaged bike and kit, so it is available for inspection if required by Aviva.

    I don't know the specifics as to what type of bike yours is but I completely understand that if it is six months old and the frame is gouged to hell you won't want it repaired and will want it replacing, however, the insurers will always try to offer the cheaper option and, if the bike can be repaired, they will try to suggest that it should be repaired rather than replaced. If your bike has a carbon frame however, then usually the recommendation is that the bike cannot be repaired in which case a replacement would be needed.

    It is unclear from your post whether you were also injured in this accident. If you were then a solicitor may be able to act for you on a "no win no fee" basis in pursuing a personal injury claim and as part of that claim the solicitor should also be able to recover the cost of your damaged bike and kit together with any other losses. Please feel free to personal message me if I can help in any way.

    Unfortunately, although personal injury claims are usually dealt with a lot more quickly (a typical time estimate for a straightforward claim without any dispute on liability may be in the region of four months) I realise that this is still a very long time to be without a bike. The insurers may release a payment more quickly if their driver accepts it was his fault but there is obviously no guarantee of this.

    Danlikesbikes' idea of sending a diagram, taking photographs of the scene et cetera certainly seems sensible. This evidence would be needed by any solicitor who you would appoint to investigate the claim and it certainly makes sense to get this information together as soon as possible whilst it is fresh in your mind. I would urge you to seek detailed legal advice before making any further contact with Aviva.

    I hope this information is helpful.
  • R0M wrote:
    I rang them before I posted this. Thats when they said still no reply from driver. Apparently case is due for review on the 8th Feb, whatever that means.
    They also asked for the statement and diagram.

    I have printed out the data from my Endomondo app, which shows exact route, where it happened, speed I was doing (and the abrupt halt I made!)
    Also going to include a letter covering what happened, and details of damage and injuries.

    My gf works for a Solicitors firm, but her dept is clinical negligence. Turns out one of the solicitors used to work as a motorcycle rta specialist. So hopefully she will advise and check letter at least.

    I was passing on the outside of him. He pulled out before the turn, I assume to drive on wrong side for a bit, then make his turn. He was stationary before he pulled out. Traffic was not moving.


    I feel so stupid for not getting witnesses. But at the time I just wanted to pick myself, and my mangled belongings up and get out of the road.

    Sounds like you have done the right thing so far - You can't change what has happened so don't worry so much, but you can always but pressure on Aviva when sending your info as I said if you take photos & it would be very good to go back to the scene and do it with some mates take a bike and place another car exactly where you and the the driver were. Hopefully you will be able to show them how the damage was caused to you & their own drivers vehicle. Plus if there was any damage to the drivers vehicle they will get one of their image engineers to photograph the damage to the vehicle. So by outlining to them in the first place, hopefully their own repairs will also go to prove this too.

    If your GF's colleague can point you in the right direction too that will help.
    Pain hurts much less if its topped off with beating your mates to top of a climb.
  • R0MR0M Posts: 16
    Thanks for all the replies.

    The bike could be used again, assuming the rear triangle can be bent back to shape without it breaking. It's bent where the wheel bolts on, the rear hanger sheered off, and the face the quick release goes up against is twisted out of shape.
    So a pretty weak point to be bending back into shape.

    It has carbon forks, but ally frame.

    I'm unsure how bikes would work. But with cars, they would never consider the fact your car 'works' but is cosmetically damaged to hell as repaired.
    In my mind, unless it's returned to pre accident condition, it isn't repaired. But as I said, no idea.

    The bike is a Boardman Urban Team. I know not much compared to some bikes on here, but a nice bike to me still. Discontinued now, but they were £750, possibly more.
    There's a very similar bike still available, the Boardman MTB Team HT. Has the same frame, groupset, everything. Only differences are tyres, front shocks, and shorter seat post.

    Injury wise, swollen and bruised knees, which are hurting more now than 2 weeks ago! Bruised hip, thigh inside and rear, scrapes etc. Nothing too bad.
    It's all documented with doctors and pictures.

    Depending on how they respond next week, I may well go the solicitor route. My gfs firm have personal injury, no idea if they would care about the bike or just injuries.

    I'll probably do the cycle scheme route for now then. As I said, I can buy the other stuff, just not another bike outright. Got it last June after my previous bike of about 8 years was stolen. Missed out on last years cycle scheme, hence buying it.
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