Accident with a car and came off worse....

33davies

Just over a week ago got hit by car coming out of a junction whilst I was on a roundabout. Stage 2 dislocation of my shoulder and the obligatory cuts and grazes, all in all very lucky. Doctors estimate 8-12 weeks recovery. Police have charged the woman involved with driving with undue care and attention and I've since seen a solicitor who has set the wheels in motion on my claim. My bike is not looking in great shape (Specialized Venge Expert), the front wheel is buckled and the right had drop has snapped on my S Works Aerofly bars....basically everything on the right side of my bike is damaged (snapped bars, rear derailleur, RH Shifter, RH crank and pedal, and plenty of scratches and paint chips to the frame). What I don't know at the moment is whether there is any structural damage to the frame. Bike is booked in for an estimate on Tuesday, and in truth, I hope it is written off.
What I'd like to know is if anyone has any experience of how the other parties insurance company would approach this? What I don't want is having the damaged parts replaced but the frame (if it's not structurally damaged) coming back in it's current condition with paint chips / scratches etc.

Cheers in advance

Bobbinogs

I am going through a claim at the moment (taken out on a mrbt) and whilst each claim is unique, they do fall into general expectations. In my case I had a load of damaged stuff (shoes, shorts, wheels, etc.). Where there was damage, the insurers paid out. They do a mark down scale but if you paid £125 for shorts last year, you should get something similar. In my case, I was awarded an interim payment for all damages with the exception of injuries. Hence, only 2 months after the incident I was sent a cheque to cover everything and I was not left out of pocket. In order to achieve such a swift result I took a lot of photos, had electronic receipts and my bike shop provided a very generous quote, erring on the side of replacement wherever appropriate. Obviously, I then gave them the business for the stuff they could manage (like new rims and rebuilding wheels, replacement BB, etc.).

Regarding the scuffs, I got a full payment for all stuff like that, so payment for replacement saddle (bundled into interim payment). I am just waiting for an injuries settlement which will draw a line under things.

Glad to hear you are kind of OK. Accidents are always traumatic and, for me, show that the bike really doesn't matter whatever some may say.

meanredspider

Glad you are not more seriously hurt. GWS

cougie

Sounds to me like a write off. Better safe than sorry. Good luck with everything

slowbike

Glad you're not too bad - arse about the bike though ...

Insurance is supposed to put you back to the state you were in before the incident- and this will be the bugbear that everyone involved in claiming from another person has to deal with.

1st and foremost - your claim is against the driver of the vehicle - not their insurance company. There is nothing (in theory) to stop you putting in a small claims court for your loss - however, practically, not many people would have the money up front and they have insurance to pay these sorts of things for them.

Now comes the rub - the insurance co will want to value your bike at lowest possible value - so they'll look at the age of the bike and price it up acordingly - it's down to your team to argue that figure up to the point you can actually replace the bike.

The issue with Specialized is that they come with lifetime warranty for the original owner - so if you're the original owner of that Venge then nothing short of a replacement frame from Specialized will put you back into the position you were in.

Don't play down your injuries either - keep a note of any aches and pains (no the GF/wife nags don't count) - and pop over to the commuting forum where there's advice on what to do in the event of a crash.

Bobbinogs

Bobbinogs wrote:

I am going through a claim at the moment (taken out on a mrbt) and whilst each claim is unique, they do fall into general expectations. In my case I had a load of damaged stuff (shoes, shorts, wheels, etc.). Where there was damage, the insurers paid out...

Probably worth clarifying, in my case the "Insurers" are not my insurers but the driver's. My legal team have done a very good job (Leigh Day through BC) and the fact that (like the OP's case) the driver is clearly at fault has probably kept things quick and reasonable.

paulwood

IF the driver is convicted then the claim for damage and injury should not be an issue. In my experience the costs of the insurance company arguing over a few Pounds make it just not worth their time.

If for whatever reason the driver does not get convicted then it becomes a whole lot more problematical with arguments about how much each party was at fault.

If is is very clear you might get an interim payout, otherwise you might have to wait till after the court case.

First.Aspect

Once fault has been assessed and/or admitted by the insurance company, payment for property damage should follow shortly. The insurance company will wish to wait until the long term effects of the injury can be assessed before making an offer regarding pain and suffering, however, which could take a year or more.

When you get the offer for your bike, it will probably be an estimate for second hand value. Don't accept this because unlike cars, it will not in reality be possible to place you in the position you would have been in this way, since you won't be able to find one second hand. Insurance companies don't understand this. A bike is a bike, right?

Assert your right to have cosmetic damage repaired, and make sure the bike shop notes this in their assessment. Scuffed car paintwork can be repaired and the same principle should apply to the bicycle. All parts of it.

In some ways, a non-complete write off is better, because it can be easier to press for replacement of individual parts as new. After all, if your front wing is damaged, or your headline cracked, you don't get a second hand one.

Hopefully your solicitor is on the ball with this sort of thing. It can vary hugely. I had one big claim. The initial assessment of what to ask for by my solicitor was 1/3 of what I ended up with. He was complacent and defeatist and had I not been more aggressive and critical of him personally, I'd have lost out considerably. In the end I think I effectively reminded him that he wasn't retired *yet* and he pulled his finger out.

On the other hand, I've had two small claims over the years with better representation and got more than I thought I deserved.

dyrlac

Your bike shop will almost certainly say that the frame is a write off (there is absolutely no margin in them taking a risk on a carbon frame, even if they actually put the thing through an MRI for structural inspection (which they won't)). Also make sure you ask whether the driver's insurers subscribe to the Rehabilitation Code. This scheme pays for your private physio/hydrophysio, private consultants/procedures (even if you are also under the care of the NHS), psychological evaluation and treatment (!), rehab equipment, etc. (a) *before* the insurer admits liability and (b) any payments made (directly to the providers) are *not* taken into consideration when assessing the eventual settlement.

33davies

Thanks all for the replies. Bike has just been dropped off at the bike shop and their initial response was along the lines "whooo, that doesn't look good". In fairness they guy did comment on the damage to the paintwork. May get some confirmation later this evening or certainly by tomorrow morning.

The solicitor I'm using does come with recommendations from a colleague who had an accident a few years back, and when speaking to the solicitor it became apparent the company is seen as the "unofficial" solicitors for South Wales Police officers who have been involved in accidents.....so am fairly confident he will push for the best deal.

I'm hopeful the claim for bike and equipment can be sorted fairly quickly, in the next few weeks or so, but ultimately has no impact if delayed as I'm out of action for at least 12 weeks. The solicitor did mention to me that in his experience the Personal Injury claim could take between 5-7 months to resolve.

barry_badrinath

I had a pretty bad accident in October, and had similar worries as you (thread on here somewhere). In mine, my face took the majority of the impact, and the bike shop I took it to said it could be fixed for around £300. They tested the carbon frame as much as they could (tap test) etc. but no x-ray or sonar, and said it seemed OK.

In truth this wasn't what I wanted to hear, as even if 99% confident I didn't want to be descending at speed with that element of doubt.

I then contacted Bianchi who said immediately that they would consider the frame written off, as they couldn't guarantee it's integrity without cost prohibitive testing. So my advice would be to contact Specialized. I got an interim pay out a few months ago to cover a new bike and dental costs thus far, but still waiting for final compensation calculation once all my dental treatment is sorted.

Good luck, and glad you are on the mend!

gethinceri

I am awaiting the outcome of my claim for having been knocked off at a roundabout by a car. My bike has been assessed as a total loss by independent evaluators and my solicitors (Leigh Day via BC) are working through the case.
I am expecting many several thousands of pounds but this will likely take six or more months from the event due to the severity of my injuries and therefore size of payout. When all is resolved I'll post up the cctv and details of the case.

MikeWW

Had something similar. Took the bike to my friendly bike shop and they assessed everything favourably and provided an estimate of costs. Insurance company paid out no problem and for clothing etc too. Only took a couple of weeks. Claim for damages took a lot longer as could only be settled when I'd made a full recovery. Took about a year

bompington

Barry Badrinath wrote:

my face took the majority of the impact, and the bike shop I took it to said it could be fixed for around £300

I think I'd want someone more qualified, but TBF most plastic surgeons would charge a lot more ;-)

Bobbinogs

:-)

barry_badrinath

bompington wrote:

Barry Badrinath wrote:

my face took the majority of the impact, and the bike shop I took it to said it could be fixed for around £300

I think I'd want someone more qualified, but TBF most plastic surgeons would charge a lot more ;-)

These titanium teeth do look great though 8)

First.Aspect

Barry Badrinath wrote:

bompington wrote:

Barry Badrinath wrote:

my face took the majority of the impact, and the bike shop I took it to said it could be fixed for around £300

I think I'd want someone more qualified, but TBF most plastic surgeons would charge a lot more ;-)

These titanium teeth do look great though 8)

Brushed finish?

33davies

Just had confirmation they have written off the bike, so have sent off a copy of the report to my solicitor along with a list of items damaged in the accident (shorts / jersey / Bont Shoes / Kask Mojito helmet / Smashed I-phone / Oakley Jawbones which were not recovered from scene of accident and also my entry to Wales velothon).

Here's hoping this part of my claim can be settled and I can start to think about the next bike.

Like the look of Orbea M10 Pro, especially has you get an option to customise colour etc, but Canyon Aeroad also look amazing and seem incredible value for money...

barry_badrinath

If you are looking at a Canyon, I'd recommend Rose - even better value for money in my opinion and less common. That's what my replacement is!

33davies

Thanks for that, not something I've seen a lot of but will certainly take a look

type:epyt

Barry Badrinath wrote:

If you are looking at a Canyon, I'd recommend Rose - even better value for money in my opinion and less common. That's what my replacement is!

Why is it when anyone ever mentions Rose bikes I immediately start thinking about those sponsored content links at the bottom of the page ...