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Damaged bike who is entitled?

lovestheclimblovestheclimb Posts: 483
edited October 2017 in Commuting chat
Any advice/ comments are welcome, it's more of a discussion.

I had my bike locked up at work and it was damaged by a building contractor.
They accepted fault.
I went to bike shop got a damage assessment done and they have said there is a crack in carbon from impact and it is not safe to ride.
Gave this to the contractor.
After months of emails they have agreed to pay by cheque for the value of my bike frame.
They have now said they want my bike which they damaged in exchange for the cheque.

Is this a fair request, where do i stand? Should I give it over?


I have done alot on this bike and has sentimental value.

Note: The settlement is not through an insurer but directly with the building contractor.

Posts

  • gbsahne001gbsahne001 Posts: 1,962
    if they've paid for the frame, then in my view they're entitled to have the frame; strip the components of and let them have it.
  • fenixfenix Posts: 5,437
    A sentimental frame ? do you want it for the wall ?

    If you don't give it to them it looks like it wasnt broken and you've had your mate in the shop tell them that it is....

    I'd give it up - clutter.
  • veronese68veronese68 Posts: 23,400 Lives Here
    Have they paid for the bike or the frame? Maybe they are asking for it because they are not convinced it's scrap. Morally they have paid for it so they own it. Not sure of the legal situation. Give them the frame, they might even say they don't really want it.
  • cooldadcooldad Posts: 32,601
    It's a fair request. Same thing happens with insurers once they pay a claim. They own the salvage. That's the legal situation as well.

    You can ask to buy it off them if it's that important, but if it's scrap....
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  • rjsterryrjsterry Posts: 18,895
    They haven't bought your old frame; they have simply agreed to compensate you for your loss. That said, I can see why they would want proof of the damage via handing over the frame, and unless there is a realistic prospect of repairing the frame, it is just clutter (speaking as someone who often finds it hard to throw familiar, but broken things away).
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
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  • It doesn’t really matter whether you think it is fair, does it? Unless you hand over the frame (I’m assuming that’s what is actually being asked for; if they want the whole bike that’s a no no), you don’t get the cheque.

    In which case you can look forward to suing them in the Small Claims court and 6-12 months from now you’ll get a cheque and you’ll still have a broken frame.

    Strip it, crush a seatstay with a tool, hand it over for the cheque. I was once sentimentally attached to a frame. It ends up costing you money in the long run, one way or another.
    Swim. Bike. Run. Yeah. That's what I used to do.

    Bike 1
    Bike 2-A
  • Thanks for all the comments.

    To clear a few it’s up, they have asked for the frame and I will strip it down.

    I think most of the comments are right I have a clouded judgement because of the attachment.
    I’ll just hand it over.
  • apreadingapreading Posts: 4,532
    Yes, they are entitled to the frame. Insurance companies are entitled to anything they replace too. When my bike was bent by a car hitting me, I had to check with the driver's insurance company before I got rid of the mangled bits because legally they owned them. Of course, insurance companies dont usually want it but you have to check first. Legally, they must return you to the position you were in before the event. If you had a new frame AND the broken one then arguably you would be better off, which you are not entitled to be - thats at their discretion.

    I would just be wary that if the damage to the frame isnt visible and its an expensive frame - they arent looking to ebay the damaged one and try to pass it off as good are they? I am not sure you can stop them doing that before the fact but if you spot it later then you could report it as fraud.

    My guess is that they are just trying to make sure you arent pulling a fast one.

  • I think most of the comments are right I have a clouded judgement because of the attachment.
    I’ll just hand it over.

    If it helps:

    My first roadie was a steel Condor. Loved it. Moulded myself to fit it over several years. The seatpost fused into it, had to be melted out, had it resprayed even though it was long in the tooth. Then the bottom bracket shell (which had been rethreaded a few times) eventually ran out of material to thread. Had it relined, resprayed and sold it for less than the work cost to do because I didn’t want to throw it in a skip. As I handed it over, I realised I might have well have sellotaped £20 notes to it.

    First carbon frame: a Cervelo R2.5. Recalled under warranty. I loved it and I loved the look of it. Handed it back. A mate didn’t. Hers is still going strong ten years later. But I got over it eventually.

    The bike I got as a replacement (R3) I’ve ridden the Marmotte on, Liege Bastogne Liege, the Dales, the Alps ... learned to love that. It got nicked last week. I’ve had to replace it and realised it’s just* a frame.

    Most people probably have had a frame that they’ve lived with a long time and had to give up. It’s a rite of passage.


    *ok, it’s not just a frame. It’s a great frame and I managed to track down the only two still left unsold in the world.
    Swim. Bike. Run. Yeah. That's what I used to do.

    Bike 1
    Bike 2-A
  • itboffinitboffin Posts: 19,761
    mine R5 is hanging on the living room wall where its been since 2012 i think, i'm over it now ...i think
    Rule #5 // Harden The censored Up.
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  • jamescojamesco Posts: 687
    To clear a few it’s up, they have asked for the frame and I will strip it down.

    Aren't they liable for moving the components, too? Maybe you'll enjoy stripping & re-fitting everything, but that sounds like work to me :)

    I'd be pushing for them to pay a good mechanic to do the fitting - they broke it, they (pay for someone to) fix it.
  • Yes, as James asked, are they compensating you for moving it all across, new cables etc?
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  • rjsterryrjsterry Posts: 18,895
    I realised I might have well have sellotaped £20 notes to it.

    I have (am?) seriously considered getting the cracked dropout repaired on my Giant. This is a bike that cost ~£400 new, albeit 20 years ago. :roll:
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Liberal metropolitan, remoaner, traitor, "sympathiser", etc.
  • rjsterry wrote:
    I realised I might have well have sellotaped £20 notes to it.

    I have (am?) seriously considered getting the cracked dropout repaired on my Giant. This is a bike that cost ~£400 new, albeit 20 years ago. :roll:

    Here, use my sellotape.
    Swim. Bike. Run. Yeah. That's what I used to do.

    Bike 1
    Bike 2-A
  • veronese68veronese68 Posts: 23,400 Lives Here
    rjsterry wrote:
    I realised I might have well have sellotaped £20 notes to it.

    I have (am?) seriously considered getting the cracked dropout repaired on my Giant. This is a bike that cost ~£400 new, albeit 20 years ago. :roll:
    Shouldn't you finish the Mercian first?
  • dhopedhope Posts: 6,699
    rjsterry wrote:
    I realised I might have well have sellotaped £20 notes to it.

    I have (am?) seriously considered getting the cracked dropout repaired on my Giant. This is a bike that cost ~£400 new, albeit 20 years ago. :roll:
    Well, the frames have a lifetime warranty :twisted:
    https://www.giant-bicycles.com/gb/lifetime-warranty
    Rose Xeon CW Disc
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  • rjsterryrjsterry Posts: 18,895
    The Rookie wrote:
    Last line of that page, only since 2011!
    Yes, it's a bit older than that.
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Liberal metropolitan, remoaner, traitor, "sympathiser", etc.
  • rjsterryrjsterry Posts: 18,895
    veronese68 wrote:
    rjsterry wrote:
    I realised I might have well have sellotaped £20 notes to it.

    I have (am?) seriously considered getting the cracked dropout repaired on my Giant. This is a bike that cost ~£400 new, albeit 20 years ago. :roll:
    Shouldn't you finish the Mercian first?

    How's that motorbike coming along? :P
    1985 Mercian King of Mercia - work in progress (Hah! Who am I kidding?)
    Pinnacle Monzonite

    Liberal metropolitan, remoaner, traitor, "sympathiser", etc.
  • veronese68veronese68 Posts: 23,400 Lives Here
    rjsterry wrote:
    veronese68 wrote:
    rjsterry wrote:
    I realised I might have well have sellotaped £20 notes to it.

    I have (am?) seriously considered getting the cracked dropout repaired on my Giant. This is a bike that cost ~£400 new, albeit 20 years ago. :roll:
    Shouldn't you finish the Mercian first?

    How's that motorbike coming along? :P
    :oops: Well, as an investment it's better than money in the bank. It's fine as long as it doesn't get mentioned in front of the wife.
  • thistle_thistle_ Posts: 4,586
    Is this a fair request, where do i stand? Should I give it over?
    I wonder if they are expecting to be able to get a few quid for it as scrap metal, and haven't twigged that it's not metal :mrgreen:
    If you give it to them then they can deal with finding someone to recycle a CF frame (or pay to dispose of it).
  • prawnyprawny Posts: 5,415
    They're probably just having to cover their censored by the accountants so they don't get taken for a ride. They pay you for a broken frame then you just carry on riding it.

    It's fair enough, they probably don't legally have rights to your bike, but it's not worth the hassle kicking up a stink about it if they're compensating you fairly.

    Also, it saves you having to find a safe way of disposing of it when you (or more likely a loved one) decide it has to go.
    Saracen Tenet 3 - 2015 - Dead - Replaced with a Hack Frame
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  • So, I gave over the frame and got the cheque.
    Now to find a new frame....
  • cooldadcooldad Posts: 32,601
    Whut?
    I don't do smileys.

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  • veronese68veronese68 Posts: 23,400 Lives Here
    No idea, but apparently it's serious.
  • cooldadcooldad Posts: 32,601
    I blame Wiggle.
    I don't do smileys.

    There is no secret ingredient - Kung Fu Panda

    London Calling on Facebook

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