Can You Claim For A Lost Frame Warranty Against A Driver That Hits You ?

Cassdave
Cassdave Posts: 3
edited March 2019 in Road general
Hi was wondering if anybody has any experience of this . Basically I was hit by a van have put together the damaged bike parts list to send to the drivers insurance company the shop have checked the frame and it looks ok but without getting a frame xray cant say for certain the bike was a lot of money to me was only 12 days old and done 62miles when got hit it did have a lifetime frame warranty which is now invalid due to the crash if his insurance pay for the new parts to get the bike back on the road should they also compensate for loss of warranty ?
I'm gutted about the bike still have concussion and having to deal with a lying driver denying responsibility any advice appreciated

Comments

  • slowbike
    slowbike Posts: 8,498
    Why is the warranty of the frame invalid?

    You should be put back into the position you were in before the crash.

    For me - with an 8yo specialized bike that I've had from new, if the frame needed replacing it would need to be a new one from Specialized because it has lifetime warranty that couldn't be replaced by getting second hand.

    TBH, I'm not sure what the warranty status of the frame would be if it were involved in a crash - rather hoping I don't need to find out! ;)
  • Cassdave
    Cassdave Posts: 3
    Hi frame warranty is invalidated because it's been in a traffic accident took it to shop I bought it from as want it as it was new so once they know it's been hit by a vehicle they have to let manufacturer know this invalidated there frame warranty for any future faults
    .
  • monkimark
    monkimark Posts: 1,931
    I reckon you should add frame to the new parts list, especially if their is a doubt about possible damage.
  • lesfirth
    lesfirth Posts: 1,382
    DO NOT MESS ABOUT ON YOUR OWN. I can not shout it loud enough. Get Leigh Day solicitors on the job. I believe they are the team the BCF use. They were recommended on this forum . I was knocked off my bike a few weeks ago . My bike is in a similar state as yours by the sound of it. My bike was inspected by an assessor sent by Leigh Day and I was delighted by the outcome. I am being assessed next week. No broken bones but bruising and whiplash.
    Apparently your frame warranty will be affected.
    On your own the insurance company involved will simply mess you about and hope you give up.
  • scott_w1987
    scott_w1987 Posts: 316
    If you’ve got a BC license use your digby brown insurance!
  • Darius_Jedburgh
    Darius_Jedburgh Posts: 675
    Why should you worry about warranty. You have been hit. You want your property back to the state it was in. As above^^^ get the legal boys on it. Their fees will also be claimed against the driver.

    Don't let yourself be rolled over just to save an insurance company from paying out.
  • neeb
    neeb Posts: 4,473
    Agree on the legal advice if you have cover through British Cycling - not sure how it works if you don't, I presume they take a percentage commission? Almost certainly still worth it. I was represented by Digby Brown when I was hit a year ago and they were brilliant, but that's in Scotland - I think it's Leigh Day if you are in England (different legal system).

    These two legal firms are experts on cycling incidents because they are the ones used by British Cycling. Even if you don't have cover through BC, just contact whichever one is relevant (England or Scotland) and explain the situation. Probably they can represent you for a percentage commission that's only payable if you win, and it WILL be worth it.

    As regards the frame itself, you should be able to get a shop to write it off on the basis that it can't be guaranteed safe. Doesn't need to be the shop you bought it from. The legal people will want this documentation (a written statement from a bike shop certifying the damage and cost). Most bike shops are used to doing this.
  • pilot_pete
    pilot_pete Posts: 2,120
    New frame. The driver who hit me admitted liability and I just took the complete bike to the dealer, they listed every damaged part, be it broken or simply cosmetically damaged, including my kit such as leg warmers, shorts, helmet and shoes on headed bike shop paper - they included rrp for all parts or equivalents if they didn’t stock the originals.

    I submitted this to the drivers insurance company and they paid out to full value. New bike ensued, no problems. I did have video evidence from another driver who had caught it on dash cam, but this wasn’t actually needed. Only thing the insurers questioned was the rrp as they said they had searched online and found many of the parts cheaper. I just argued that that was great, but what if the parts weren’t on sale when they settled and I looked to purchase? They agreed and paid out in full, especially when I said I wouldn’t make a claim for personal injury (skinned knee was all I had).

    If you get hassle, just employ the services of a legal professional as mentioned above. I’m a BC member and get legal cover from insurance policies too.

    PP
  • cougie
    cougie Posts: 22,512
    Yes. Get expert help. If not through the BCF then Bikeline.

    Or you will be ripped off by the vans insurers.

    Have you claimed for damage to your clothes and the effect of the concussion ?
  • Ben6899
    Ben6899 Posts: 9,686
    Call the solicitor; don't email them.

    Good luck!
    Ben

    Bikes: Donhou DSS4 Custom | Condor Italia RC | Gios Megalite | Dolan Preffisio | Giant Bowery '76
    Instagram: https://www.instagram.com/ben_h_ppcc/
    Flickr: https://www.flickr.com/photos/143173475@N05/
  • Matthewfalle
    Matthewfalle Posts: 17,380
    Slowbike wrote:
    Why is the warranty of the frame invalid?

    You should be put back into the position you were in before the crash.

    For me - with an 8yo specialized bike that I've had from new, if the frame needed replacing it would need to be a new one from Specialized because it has lifetime warranty that couldn't be replaced by getting second hand.

    TBH, I'm not sure what the warranty status of the frame would be if it were involved in a crash - rather hoping I don't need to find out! ;)

    your last sentence contradicted your first. the rest of the post was immaterial.

    #useful

    re the OP - it doesn't matter. just claim for a new bike off his insurance as he ran you over. no warranty claim needed.
    Postby team47b » Sun Jun 28, 2015 11:53 am

    De Sisti wrote:
    This is one of the silliest threads I've come across. :lol:

    Recognition at last Matthew, well done!, a justified honour :D
    smithy21 wrote:

    He's right you know.
  • durianrider
    durianrider Posts: 62
    get a new frame, stem, bars and fork cos they could all be ready to fail on the next ride you do if you hit a bump. WHY CHANCE IT??
    Over 400 000km cycled as a vegan.

    Youtube http://www.youtube.com/user/durianriders
    Instagram https://www.instagram.com/durianriders/
  • shirley_basso
    shirley_basso Posts: 6,195
    durianrider wrote:
    get a new frame, stem, bars and fork cos they could all be ready to fail on the next ride you do if you hit a bump. WHY CHANCE IT??

    viewtopic.php?f=40041&t=13072959&p=20231479#p20472187
  • slowbike
    slowbike Posts: 8,498
    Matthewfalle wrote:
    Slowbike wrote:
    Why is the warranty of the frame invalid?

    You should be put back into the position you were in before the crash.

    For me - with an 8yo specialized bike that I've had from new, if the frame needed replacing it would need to be a new one from Specialized because it has lifetime warranty that couldn't be replaced by getting second hand.

    TBH, I'm not sure what the warranty status of the frame would be if it were involved in a crash - rather hoping I don't need to find out! ;)

    your last sentence contradicted your first. the rest of the post was immaterial.

    #useful

    re the OP - it doesn't matter. just claim for a new bike off his insurance as he ran you over. no warranty claim needed.

    No it didn't, no it wasn't

    glad you thought it was useful though ....
  • kingrollo
    kingrollo Posts: 3,198
    Shortcomings of a lifetime warranty.....it really doesn't mean what it implies.

    You should get a new frame from the insurers of Mr labotomby van man imo...
  • Matthewfalle
    Matthewfalle Posts: 17,380
    Slowbike wrote:
    Matthewfalle wrote:
    Slowbike wrote:
    Why is the warranty of the frame invalid?

    You should be put back into the position you were in before the crash.

    For me - with an 8yo specialized bike that I've had from new, if the frame needed replacing it would need to be a new one from Specialized because it has lifetime warranty that couldn't be replaced by getting second hand.

    TBH, I'm not sure what the warranty status of the frame would be if it were involved in a crash - rather hoping I don't need to find out! ;)

    your last sentence contradicted your first. the rest of the post was immaterial.

    #useful

    re the OP - it doesn't matter. just claim for a new bike off his insurance as he ran you over. no warranty claim needed.

    No it didn't, no it wasn't

    glad you thought it was useful though ....

    no we didn't. we were being patronising.


    and they did.

    #prayforHayden
    Postby team47b » Sun Jun 28, 2015 11:53 am

    De Sisti wrote:
    This is one of the silliest threads I've come across. :lol:

    Recognition at last Matthew, well done!, a justified honour :D
    smithy21 wrote:

    He's right you know.
  • g00se
    g00se Posts: 2,221
    After being hit last year I highly recommend getting a specialist solicitor involved - insurance companies can be slippery b**gers. I used Leigh Day via BC but other no-win-no-fee firms are available.

    Also, if the bike shop said the frame is OK, did they confirm this in writing, or was it just a suggestion. If you ask then to do this officially, I daresday they'll say something different.

    Of course, you can also get an opinion from another bike shop, it doesn't have to be the place you bought it from.
  • Matthewfalle
    Matthewfalle Posts: 17,380
    lesfirth wrote:
    DO NOT MESS ABOUT ON YOUR OWN. I can not shout it loud enough. Get Leigh Day solicitors on the job. I believe they are the team the BCF use. They were recommended on this forum . I was knocked off my bike a few weeks ago . My bike is in a similar state as yours by the sound of it. My bike was inspected by an assessor sent by Leigh Day and I was delighted by the outcome. I am being assessed next week. No broken bones but bruising and whiplash.
    Apparently your frame warranty will be affected.
    On your own the insurance company involved will simply mess you about and hope you give up.

    of course your frame warranty will be affected - you've been run over by a car.

    its bloody obvious.
    Postby team47b » Sun Jun 28, 2015 11:53 am

    De Sisti wrote:
    This is one of the silliest threads I've come across. :lol:

    Recognition at last Matthew, well done!, a justified honour :D
    smithy21 wrote:

    He's right you know.
  • kingrollo
    kingrollo Posts: 3,198
    Matthewfalle wrote:
    lesfirth wrote:
    DO NOT MESS ABOUT ON YOUR OWN. I can not shout it loud enough. Get Leigh Day solicitors on the job. I believe they are the team the BCF use. They were recommended on this forum . I was knocked off my bike a few weeks ago . My bike is in a similar state as yours by the sound of it. My bike was inspected by an assessor sent by Leigh Day and I was delighted by the outcome. I am being assessed next week. No broken bones but bruising and whiplash.
    Apparently your frame warranty will be affected.
    On your own the insurance company involved will simply mess you about and hope you give up.

    of course your frame warranty will be affected - you've been run over by a car.

    its bloody obvious.

    it is someone who knows everything about everything and is never wrong

    sad twat.
  • Matthewfalle
    Matthewfalle Posts: 17,380
    kingrollo wrote:
    Matthewfalle wrote:
    lesfirth wrote:
    DO NOT MESS ABOUT ON YOUR OWN. I can not shout it loud enough. Get Leigh Day solicitors on the job. I believe they are the team the BCF use. They were recommended on this forum . I was knocked off my bike a few weeks ago . My bike is in a similar state as yours by the sound of it. My bike was inspected by an assessor sent by Leigh Day and I was delighted by the outcome. I am being assessed next week. No broken bones but bruising and whiplash.
    Apparently your frame warranty will be affected.
    On your own the insurance company involved will simply mess you about and hope you give up.

    of course your frame warranty will be affected - you've been run over by a car.

    its bloody obvious.

    it is someone who knows everything about everything and is never wrong

    sad fool.

    1. you are correct. I do know everything about everything I post about otherwise I wouldn't post about it.
    2. Yes I am cleverer and know more than you.
    3. No need to be rude, sweaty betty.
    4. Its bloody obvious getting run over invalidates a warranty. It couldn't be more obvious.
    Postby team47b » Sun Jun 28, 2015 11:53 am

    De Sisti wrote:
    This is one of the silliest threads I've come across. :lol:

    Recognition at last Matthew, well done!, a justified honour :D
    smithy21 wrote:

    He's right you know.
  • kingrollo
    kingrollo Posts: 3,198
    Matthewfalle wrote:
    kingrollo wrote:
    Matthewfalle wrote:
    lesfirth wrote:
    DO NOT MESS ABOUT ON YOUR OWN. I can not shout it loud enough. Get Leigh Day solicitors on the job. I believe they are the team the BCF use. They were recommended on this forum . I was knocked off my bike a few weeks ago . My bike is in a similar state as yours by the sound of it. My bike was inspected by an assessor sent by Leigh Day and I was delighted by the outcome. I am being assessed next week. No broken bones but bruising and whiplash.
    Apparently your frame warranty will be affected.
    On your own the insurance company involved will simply mess you about and hope you give up.

    of course your frame warranty will be affected - you've been run over by a car.

    its bloody obvious.

    it is someone who knows everything about everything and is never wrong

    sad fool.

    1. you are correct. I do know everything about everything I post about otherwise I wouldn't post about it.
    2. Yes I am cleverer and know more than you.
    3. No need to be rude, sweaty betty.
    4. Its bloody obvious getting run over invalidates a warranty. It couldn't be more obvious.


    What a miserable existence your life must be - that you so desparatley seek fame on an internet forum
  • Matthewfalle
    Matthewfalle Posts: 17,380
    1. i am famous.
    2. you are not.
    3. my life is actually quite useful.
    4. don't be such a sweatybetty

    #ooohsweatybetty
    Postby team47b » Sun Jun 28, 2015 11:53 am

    De Sisti wrote:
    This is one of the silliest threads I've come across. :lol:

    Recognition at last Matthew, well done!, a justified honour :D
    smithy21 wrote:

    He's right you know.
  • kingrollo
    kingrollo Posts: 3,198
    Matthewfalle wrote:
    1. i am famous.
    2. you are not.
    3. my life is actually quite useful.
    4. don't be such a sweatybetty

    #ooohsweatybetty



    NAME CALLING WILL GET YOU BANNED. DON'T. -MOD
  • Matthewfalle
    Matthewfalle Posts: 17,380
    kingrollo wrote:
    Matthewfalle wrote:
    1. i am famous.
    2. you are not.
    3. my life is actually quite useful.
    4. don't be such a sweatybetty

    #ooohsweatybetty

    Another quality post from the forum retard. up the medication mate.

    quoted so people can see your use of the "r" word.
    Postby team47b » Sun Jun 28, 2015 11:53 am

    De Sisti wrote:
    This is one of the silliest threads I've come across. :lol:

    Recognition at last Matthew, well done!, a justified honour :D
    smithy21 wrote:

    He's right you know.
  • kingstongraham
    kingstongraham Posts: 28,174
    Matthewfalle wrote:
    1. i am famous.
    2. you are not.
    3. my life is actually quite useful.
    4. don't be such a sweatybetty

    #ooohsweatybetty

    Do you have a fame warranty?
  • Matthewfalle
    Matthewfalle Posts: 17,380
    KingstonGraham wrote:
    Matthewfalle wrote:
    1. i am famous.
    2. you are not.
    3. my life is actually quite useful.
    4. don't be such a sweatybetty

    #ooohsweatybetty

    Do you have a fame warranty?

    yes but its invalidated should i get run over by any papparazzi.
    Postby team47b » Sun Jun 28, 2015 11:53 am

    De Sisti wrote:
    This is one of the silliest threads I've come across. :lol:

    Recognition at last Matthew, well done!, a justified honour :D
    smithy21 wrote:

    He's right you know.
  • kingrollo
    kingrollo Posts: 3,198
    Matthewfalle wrote:
    KingstonGraham wrote:
    Matthewfalle wrote:
    1. i am famous.
    2. you are not.
    3. my life is actually quite useful.
    4. don't be such a sweatybetty

    #ooohsweatybetty

    Do you have a fame warranty?

    yes but its invalidated should i get run over by any papparazzi.

    and yet another informative post .....with no meaning at all just random words flying about.
  • gingerflash1975
    gingerflash1975 Posts: 49
    I am a solicitor. (Pryers in York)

    A proper inspection of your frame, by someone who knows how tricky carbon is to assess, will result in a report saying that it is entirely likely, though impossible to say, that your frame has been damaged. Due to this doubt, it is not safe to ride and the warranty will be invalid. The only sensible remedy for you would be a new frame.

    I did exactly this a few years ago. Bike on a rack on the back of the car and was hit from behind. Some bits obviously damaged, but Biketreks inspected and said they couldn't vouch for the carbon parts (bars, seatpost, etc) but it would not be safe to assume they were ok to ride. I received payment for the whole lot.

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