Recovering damages

RedWheels

In the process of my lovely urban commute a four wheeler decided that a left hook across a bus lane was a good idea.

Whilst i was using my face as a friction brake across the tarmac, said four wheeler had mounted my defenceless bicycle and was having its dirty way with it.

Needless to say it does require replacing as it doesn't ride like it used to - doesn't ride at all in fact.

It's a carbon and was only 2 months old and in pristine condition at the time. leigh day have told me i will only recover the pre crash second hand market value.

excluding the fact that there ain't much of a market for 2 month old Carbon bike's what are peoples experiences? and do you think i would be able to argue for a replacement?

DrLex

My LBS would usually give 10% off list, so possibly suggest in without prejudice negotiations that you'll accept R.R.P. less 10% for it being a few weeks old? They'd also be the people I'd ask to assess the bike and advise of repair cost (if cheaper than complete replacement.
If Leigh Day aren't your solicitors, I'd suggest you appoint a firm to act for you, since your injury & bike write-off look to warrant the effort.

The Rookie

So tell LD to find a 2 months old Carbon bike you can buy.......
The onus is on putting you back in the position you started in, as valuing a 2 month old bike is next to impossible as they are 'never' sold, then the only logic is that to replace it (put you back in that position) it will be a new bike.

desweller

I would have immediately replied that, as far as I'm concerned, after 2 months' use the bike is worth what I originally paid for it. 2 months is nothing in the lifetime of a bicycle. You can still smell the packaging on it.

Mikey23

and get yrself checked out as there may be issues that you may not be aware of atm

guinea

I just settled with Tesco insurance after being hit by one of their customers. I did not use a lawyer.

The cost to put my bike right was within £35 pounds of a new one (£4600) which I have in my pocket right now. They also sent me a cheque for £1k+ for the bruising and slight gravel rash I suffered.

Get a quote from a bike shop as to the cost of repairs and speak to the insurer directly, they will settle quickly. Just send a quote and photos of the damage. They have to put you back in the position you were in before the accident and that can mean a repair if you choose. If your frame, wheels and groupset are damaged, then this will be more expensive than a new bike, so they'll just send you (or a bike shop) the money.

MrSweary

I got back the full value of my year old Felt (less excess) when it was written off by an over amorous taxi before Xmas... Also stand to get a couple of hundred back for the extra travel expenses.

slowbike

Less Excess?! We're you claiming on yours or his insurance - if his then excess is nothing to do with it. If yours then that's part of the deal

damocles10

Mikey23 wrote:

and get yrself checked out as there may be issues that you may not be aware of atm

I definitely agree with this. I had a bad crash many years back ( 2004 roughly ) and didn't follow through with a claim. London Black Cab passenger getting out in stationary traffic while I was passing in cycling lane ( I know - I felt it immoral to jump on the litigation train ) and my right hand knuckle smashed in to the door and I went flying over the bars. I have mutant genes, so the doctor said, as my tendons in my hands slip off my knuckles.......errr anyway.

While a payout would not prevent damage/issues later on it can help as compensation. I am an artist and can find my right hand cramp and claw on occasions, luckily I am left handed, it is still very painful nonetheless 10 years down the line.

So, yes!!!! get checked out.

fossyant

Leigh Day will get you a new bike.

I had damage to mine, and anything that got scratched was replaced for brand new, even though the parts worked perfectly. Leigh Day sorted that.

Mikey23

Is it just me or...

We seem to have quite a few what do I do because I've just had an accident kind of threads and it always seem to be focused on the bike which after all is just a collection of bits of metal ( or carbon). I would have thought that folks really should be more concerned about themselves as people and their long term viability. Just because you can walk away doesn't mean to say that you are ok. Stuff may have happened that will come back to bite later in life and lead to reduction in life expectation and longer term disability. This should be far more important IMHO than whether the other party should pay for a new rear mech. Get checked out and get any issues documented at the time by experts. That way you have recourse for the future in the unlikely event that you will need it. Rant over!

RedWheels

Thanks for the replies,

The bike shop i went to has written the bike off. so hopefully i will get a new one without any additional costs to me.

Unfortunately i have to wait for however many months for a replacement to ride again, as it was my only bike and my entire bank balance is being pushed into dental treatment thanks to my braking technique. Walking round with wind-chimes in my mouth is no fun.

Do need to go to the physio though as my back is twanging in places it ain't never twanged in before, although that might be because i need to practice my walking/striding technique some more

Mikey23

Whoa there trigger... Shouldn't the other party's insurance be picking up your dental expenses... And a temporary replacement bike if one is needed?

guinea

If you want them to hurry up, tell them you're going to start taking taxis to work and you will bill them.

If the liability is sorted they'll send the cash super fast.

There is no reason for this to drag on. Let me repeat, Tesco sent me a cheque within a couple of days.

RedWheels

Well once Liability is sorted they should be paying me for my dental, but in the mean time it's a financial burden, the joys of a shy wage and London living.

Will contact LD to see about how i sort a replacement bike. Need to get back in the saddle as apparently i have started to practice my peddling technique whilst i'm sleeping :shock:

also the police have said they want to press charges against your man for driving without due care and attention so there is no way there insurance will try to play silly and refuse to pay