Insurance payout for bike after car accident
Insurance payout for bike after car accident
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Discussion

Steve vRS

Original Poster:

5,391 posts

270 months

Thursday 13th October 2016
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I was knocked off my bike on Tuesday by a car turning right. The driver stopped, admitted liability (with a witness who agreed the driver was at fault) and has instructed his insurance co. to process the claim. I am hoping that the bike will be replaced as the front forks have been torn off, the carbon front wheel damaged and other scuffs etc. on the handlebars.

I was not badly injured - cuts and bruises and so am not looking for compunsayshun, just my bike (and torn jersey) replaced.

Is it likely that the insurance co. will give me back the money I paid for the bike or the list value of the bike. It was a 2016 model which I bought at a discount. I just want to replace the bike like for like but the bike shop where I bought it and the Giant store in Liverpool say that this 2016 model has sold out.

Any experiences or thoughts welcome.

Magic919

14,459 posts

230 months

Thursday 13th October 2016
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They ought to be paying the value of the bike at the time of the accident. You might find they just pay you what you paid, to avoid a discussion over secondhand bike prices. It's equally possible they'll have a go at sourcing a replacement from their favoured supplier, but not necessarily a Giant.

Pachydermus

1,157 posts

141 months

Thursday 13th October 2016
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I've been unfortunate enough to have 2 carbon bikes bounced off cars and have had them both replaced with the current closest alternative without argument.

Steve vRS

Original Poster:

5,391 posts

270 months

Thursday 13th October 2016
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Magic919 said:
It's equally possible they'll have a go at sourcing a replacement from their favoured supplier, but not necessarily a Giant.
Really? Has anyone had this happen to the? I wouldn't stand for that to be quite honest. The British Cycling solicitors are on standby to help me if needed.

gazza285

11,113 posts

237 months

Thursday 13th October 2016
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Steve vRS said:
...torn jersey replaced...

Not a PistonHeads one I hope...

Good that you are not badly hurt Steve, and you can build a spare 'cross bike with the bits off your old one...

Steve vRS

Original Poster:

5,391 posts

270 months

Thursday 13th October 2016
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No my club jersey. It was my road bike that was smashed to smithereens, the CX bike would have bounced off! I'm hoping to race on Sunday at Heaton Park if you fancy it - it's my left shoulder that is sore so I can still carry the bike on my right!

anonymous-user

83 months

Thursday 13th October 2016
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You'll almost certainly get the equivalent model new, so if you had a 2016 Defy Advanced 2, you'll get the 2017 version if all the stock of the 2016 has gone. They would only source an alternative manufacturer if it was a rare bike.

Leigh Day are very good and well experienced with cycle related claims, they've been very helpful supporting me!

Pachydermus

1,157 posts

141 months

Thursday 13th October 2016
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If you're not injured there's no need to mess around with solicitors, just get a quote from your bike shop and submit it to the insurers.

Steve vRS

Original Poster:

5,391 posts

270 months

Thursday 13th October 2016
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the BC lawyers gave me some good advice today. They said that as I wasn't pursuing any injury or loss of income claims, just property I was best talking directly to the drivers insurers however they could offer help if needed.

gazza285

11,113 posts

237 months

Thursday 13th October 2016
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Steve vRS said:
No my club jersey. It was my road bike that was smashed to smithereens, the CX bike would have bounced off! I'm hoping to race on Sunday at Heaton Park if you fancy it - it's my left shoulder that is sore so I can still carry the bike on my right!
Round 5 of the Yorkshire League, my local race, so I'll be setting up the course and helping out all day. There's not that many NWCCA rounds that don't clash with other races this year, hoping to be at Otterspool though, probably the only one I'm going to get to this year.


Cudd Wudd

1,118 posts

154 months

Thursday 13th October 2016
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Yes, that's good advice. Deal direct and they will hopefully be reasonable. They may well be glad you're not pushing for more. You're entitled to be put back in the position you would have been had the accident not occurred. That means a comparable bike in age, condition and value. Sourcing one is not always easy, particularly when you obtained it at a discount.

Best thing to do is provide documentary evidence. A note from your local bike shop saying a replacement rather than repair is necessary (whilst detailing what the current equivalent is) should help, as will photographs of both damaged items, together with date of purchase and value.

As a starting point, advising them it was a 2016 bike with photos and the closest comparison and seeing if they will provide the price (and costings for the replacement top) to gage their response. If your injuries have no lasting effects and you have absolutely no intention of bringing a personal injury claim, you could give them the total figure for the two items and say you'll accept that in full and final settlement of all losses, as they may worry an injury claim will follow any payment for damaged items given the three year period to bring one.

Moreover, it's great news you escaped without serious injury. And best of luck!

Magic919

14,459 posts

230 months

Friday 14th October 2016
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Steve vRS said:
Magic919 said:
It's equally possible they'll have a go at sourcing a replacement from their favoured supplier, but not necessarily a Giant.
Really? Has anyone had this happen to the? I wouldn't stand for that to be quite honest. The British Cycling solicitors are on standby to help me if needed.
It happens, yes. Nothing stopping you calming declining their offer.

2 sMoKiN bArReLs

31,993 posts

264 months

Friday 14th October 2016
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Magic919 said:
Steve vRS said:
Magic919 said:
It's equally possible they'll have a go at sourcing a replacement from their favoured supplier, but not necessarily a Giant.
Really? Has anyone had this happen to the? I wouldn't stand for that to be quite honest. The British Cycling solicitors are on standby to help me if needed.
It happens, yes. Nothing stopping you calming declining their offer.
As said above. I had a major fire & flood at my house. Insurers tried to palm me off with "equivalent specification" items. We had a lot of wrangling, but we got to the correct outcome in the end.

idiotgap

2,113 posts

162 months

Friday 14th October 2016
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I had a crash which sounds similar about a month ago. I didn't get the details of the driver at the time because they didn't hang around long, but I managed to identify them subsequently and talk to them by staking out the crash site same time next day. Originally they said they want to settle with me in cash, but that's before they understood how much carbon bikes cost. Once I was talking to their insurer British Cycling/Leigh Day weren't very interested because, like with your case, there wasn't any immediate evidence of the need for a personal injury claim. Next the other party's solicitor wanted to establish liability so took my version of events and went away to talk to their insured. They indicated informally that in car vs bike cases it rarely came down on the side of the driver.

I supplied an estimate to repair the 2013 model bike which is more than buying a new 2016 one would be in the sales right now prepared by an LBS. They've done their own research on the market, the make and model. I also gave them the replacement cost of the same model of helmet (no obvious damage, but I want a replacement so I can trust it), and the cost of a new PH jersey. They came back with a figure and asked if I would accept that to replace the bike, helmet and jersey - it was less than the total of the three estimates but includes some depreciation. I wasn't unhappy with the number.

On the advice of the solicitors I reserved the right to a later personal injury claim should something develop.

If you are the 3rd party, I don't think they can fob you off with vouchers for their preferred supplier or any nonsense like that.

If you want to, PM me I'll tell you about it in more detail than I think I should reveal here, might help you work out how best to play it.

TwistingMyMelon

6,506 posts

234 months

Friday 14th October 2016
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Hope you get it sorted and glad you are ok OP

I've got a hypothetical situation:

One of my bikes retailed @ £1800 and has £600 wheels. I bought itin "nearly new" hardly ridden condition for £550 a few years ago off ebay . Was a bargain, but I spent ages looking for bikes, had to drive a 7 hour round trip and take a gamble on a one sentence description (seller was legit has original manuals and receipt) .

What would happen if the bike was destroyed in a no fault accident, would I get closer the replacement cost, or the cost I paid for it? If I got the price I paid then there is no way I could replace it like for like and I dont have time (more kids now!) to go on ebay and travel the country to find a replacement, also Ebay is risky in regards to what you actually get

I guess lots of people would be in the same position as me above, tempted to take out insurance for the bike, I already have 3rd party through British cycling


AyBee

11,311 posts

231 months

Friday 14th October 2016
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I have a feeling they'll offer you the equivalent model - when I was hit, I was just asked to submit photos of the damage and costs to replace (i.e. a Wiggle link tongue out). My bike wasn't written off though, it was just kit and helmet. If they offered me less than it would cost to replace the bike with the 2017 model, I'd be very tempted to claim for your injury to make up the difference! I just hope the 2017 colour scheme is nice, there's nothing worse than getting a brand new replacement bike and the new model years' colour scheme being naff laugh

Steve vRS

Original Poster:

5,391 posts

270 months

Friday 14th October 2016
quotequote all
Thanks for everyone's help!

The 2017 model colour is naff compared to the 2016 frown and the specification has not improved to compensate apart from tubeless tyres which I would swap for clinchers anyway.

idiotgap

2,113 posts

162 months

Friday 14th October 2016
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Steve vRS said:
Thanks for everyone's help!

The 2017 model colour is naff compared to the 2016 frown and the specification has not improved to compensate apart from tubeless tyres which I would swap for clinchers anyway.
I called the Colnago uk distributor yesterday to ask them about old stock. They told me they have no 2016 bikes left now, they've flogged them all on to retailers. They were happy to tell me which hoovered up most of their clearance stock though so I have some leads if I want to go down the route of trying to find a 2016 one. You might find one if you do some digging.

Steve vRS

Original Poster:

5,391 posts

270 months

Friday 14th October 2016
quotequote all
When I find out where I stand, I'll do the same and call the local Giant dealers to see if they have any. I may even call Giant UK to see if they will tell me if anyone bought a 'bulk buy' like you say.

Failing that, if I get cash I may enjoy the bike selection process again!

Steve vRS

Original Poster:

5,391 posts

270 months

Wednesday 26th October 2016
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Full cash payout recieved for the value of a new bike and clothes! Watch out for a 'What bike' thread soon!