Knocked off bike this morning, what do I do regarding carbon frame

andyh01

Maybe worth having a chat with AA explain what lbs has confirmed it's a write off as cost are comparable and temind them of safety aspect that they wouldn't want be liable if failed on descent etc givee them an idea 9f replacement if not already done so including any upgraded parts. I'm sure the injury alone is more than bike cost, just remind them if needed no socilisitor who may challenge them on injury award but provided replace bike you'd be happy to settle and then if needed send the bike shop report.

andyh01

Maybe worth having a chat with AA befor sending report, explain what lbs has confirmed it's a write off and remind them of safety aspect that they wouldn't want be liable if failed on descent etc you wouldn't feel safe riding it so be worse off as you'll replace. give them an idea of replacement if not already done so , including any upgraded parts.. I'm sure the injury costs alone is more than bike cost, just remind them if needed you've been reasonable and be shame to involve socilisitor now, who may challenge them on injury award but provided replace bike or monetary value of bike you'd be happy to settle and then if needed send the bike shop report.

andyh01

PhotoNic69 wrote:

Nothing stopping you from "polishing in" a few extra stress fractures with a large hammer if you get my drift

Whilst maybe tongue in cheek it's this kind of attitude causes problems for genuine possess and why every insurance policy is at least £50 more expensive than it needs to be.

dimmockg

@AndyH01

That's sound advice - thanks

Bike report essentially states the bike is beyond any form of economical repair and the inspector has clearly stated it shouldn't be ridden so I think that aspect is all covered off.

The AA already have the original receipt and cost of the bike, as well as links which I've sent for the latest model which is £1600 and a link to the 2019 model at a cheaper cost (to the AA) of £1275 - when sending the cheaper price as 2019 model would be fine I did point out this would be subject to stock levels - ie, act quickly and this becomes a few hundred quid cheaper for you. I've even been more reasonable in assuming the bike being written off that parts recently replaced like chain, cassette, a tire could be dropped off as the new bike would naturally come with those.

I'll put everything together in a nicely worded email and as suggest above state it would be nice to be back in the same position to avoid using solicitors - I'm 'happy' with the injury offer and is more than the replacement cost of the bike and upgraded wheels

Thanks

andyh01

Maybe keep quiet for now about being able to salvage some 9f the components, if it's a full build bike that you're presenting. Technically AA could take ownership of your damaged bike once replaced, however, in practice they may not as not geared up to salvage bike as they are cars.
Technically they also look to negotiate a bit on replacement value on basis of betterment, again though, it's be difficult for them to gauge value of a 2 year old bike compared to cars...or cost of buying frame and a professional stripping down old bike then finding something else so more new parts and fitting to new one to.just buying new bike at X minus y (argument sake say 20% just random made up figure) and letting you dispose of the old.
They may just look to settle at your lower replacement cost and close the claim off. A couple hundred quid is small change to them.
There is a line between exaggeration and ligitimate negotiation.

darkhairedlord

They might clock the road pedals sans reflectors and decide bike legal for road use...

pilot_pete

darkhairedlord wrote:

They might clock the road pedals sans reflectors and decide bike legal for road use...

Eh? Legal or illegal? :?:

PP

dimmockg

@AndyH01

I've pretty much done as above, explained what the LBS have said/advised and then summarised the list of bits being claimed for then totalled this with the injury offer and have ended with an 'if we can mutually agree on this figure and avoid getting solicitors involved that would probably be best for both sides'

I've even done some legwork in getting a replacement bike and supply is extremely limited but have found one for £1200 so have quoted that figure as the bike value

Like you say, overall this is small change to the AA and if they decline my negotiation then I'll simply confirm the solicitor instruction which will end up costing more in the long run, so for me this is a bit of a no brainer for a quick settle and close in my opinion. I guess it just depends on whether the handler feels stubborn or not, we shall see

darkhairedlord

Pilot Pete wrote:

darkhairedlord wrote:

They might clock the road pedals sans reflectors and decide bike legal for road use...

Eh? Legal or illegal? :?:

PP

Not legal, typ0!

andyh01

darkhairedlord wrote:

Pilot Pete wrote:

darkhairedlord wrote:

They might clock the road pedals sans reflectors and decide bike legal for road use...

Eh? Legal or illegal? :?:

PP

Not legal, typ0!

In this case liability hasn't been disputed.
I'm not aware of any cases where liability was escaped due to illegal pedals. They would have to prove based on balance of probability that reflectors would've made a difference, it is generally accepted 5hat parts of the RTA need updating iadue to modern 8nvention of led lights..
Similarly although not legal requirements, no up claim has been successful defended 9n basis of no helmet, at best contributory negligence. When seat belts first came into force, deductions of up to 25% were the 9ften common. I can't recall 9ff hand stance of crash helmets for motorcyclists as again be difficult to quantify extent of 8njury with and without.....

keith57

Just use a solicitor, don't try and do anything yourself.

I am with Cycling UK and their solicitors handled everything when I was knocked unconscious and spent 8 days in a head injuries unit. I never spoke to the driver directly, the solicitors handled everything by-the-book. Police handed over all the details and prosecuted the driver independently of me.

Bike costs, mine was a write off, came fairly quickly, as with clothing, etc as an interim payment.

Injury compensation takes much longer as it's best to wait a while to try and assess long-term effects.