Insurance Claim????

[tomcrowe9653]

I recently had an accident with a car, where the car pulled out to turn right, straight into my path ( I was doing 25mph). I ended up hitting the car head on and going over the bonnet to the road the otherside.

He accepted responsibility with SMIDSYT (Sorry Mate I Didn't See You There) and his insurance company have confirmed that they will deal with a claim. Not too bothered about the Personal injury stuff, but I had a Basso Devil 2010 bike with Campagnolo gears ( Campagnolo Centaur Black 10 Spd Double Groupset , Campagnolo 10Spd Centaur UD Cassette 12-27 ).

I have spoken to Aviva today as the bike is irrepairable and a total loss. The engineer wants to pay me £500.00. But it would take £1,500.00 to replace the bike.

Do I accept the offer or can I argue that it should be nearly three times that amount?????

Help

Please!!!!!

[Vorpal]

Insurance companies don't make money by offering like-for-like replacement as the opening of negotiation!

Argue with them. They're hoping you will take it and go away, but you deserve to be put in the same position that you were in before the crash.

If you belong to the CTC, or one of the other cycling organisations, contact their legal department for assistance.

edited to add a couple of previous posts... viewtopic.php?f=1&t=87030&p=785313
viewtopic.php?f=1&t=49627

[tomcrowe9653]

Thanks!!!

I have never been involved in a bump before and the assessment engineer is ringing me tomorrow to discuss. I was to be prepared.

Thought they maybe had the right to offer poor money!!!

You think my constant refusal will get the figure up to something acceptable!!!!!

Sole distributor for BASSO's in the UK, in County Tyrone confirmed that I can get a replacement frame now for less than £1,000.00

[pete75]

I you deserve to be put in the same position that you were in before the crash.

As far as case law is concerned that means financially.
If they think the bike being claimed for was worth a minimum of £500 given the age and condition that's what they will attempt to pay out.
The way to fight them is to get valuations from people in the trade and, even better, find similar machines advertised for sale second hand and quote those prices to them. Of course the value of a bike isn't much to a firm the size of Aviva so if you make a lot of fuss it'll cost them to deal with you so they're likely to up the offer particularly if you do gather some hard evidence to back what you say.
BTW you're under no obligation to let their staff assess the value of damage to your goods, you can get your own assessment and claim on the basis of that.

[tomcrowe9653]

Pete 75

If the bike is not repairable:

Frame cracked and snapped in four places, including the down pipe;
Twisted handle bars;
Mangled derailleur;
buckled Wheels.
to name but a few.

Can I still show the cost to replace each element?

[pete75]

You could but if that is clearly more than the bike was worth as a second hand machine they'd be within their rights to say they'll pay the second hand value rather than the cost of repairs. Same principle as writing cars off when it costs more to repair than the car is worth.
If I was you I'd still have a go at quoting the repair costs and claiming on that basis though - if you start high you can always come down whereas if you claim for a low amount you can't go up and do they have any real idea of the value of a well cared for quality bike.

[tomcrowe9653]

That's a fair shout!!!!

I will give it a good go and get back for an update!!!!!

[Brucey]

if you were in any way injured or inconvenienced in this accident (and you will have been) then the costs of your bike may be small beer by comparison with any compensation you might get in relation your injuries. If you want a rapid settlement in relation to the bike, try suggesting that since they are not being very co-operative, you are minded to place the matter into the hands of a claims management company. This will raise their costs by the value of several bicycles so they will settle quickly.

BTW if the nominal value of a used Basso is £500 or so that is not necessarily the value of your machine or the cost of a suitable replacement. CF frames cannot be inspected and any used frame (with, obviously, an uncertain history) is a risk for that reason. There is no 'lets buy secondhand-to-replace-your-low-mileage frame' option; it is the same deal as with safety belts in cars, they don't normally sell those secondhand either; the costs of proper inspection normally exceed those of a new part.

In both cases the 'secondhand value' is low but then you can't definitely buy the same thing for that money.

cheers

[Vorpal]

That's a fair shout!!!!

I will give it a good go and get back for an update!!!!!

Personally, I would refuse to speak to any representative of an insurance company until damages and injuries had been evaluated.

Keep a log; write down all of the time you spend on this, any alternative transportation costs (e.g. fuel money, taxis, buses, etc.) spent when you could / would have used your bike. Take photographs of everything, including injuries. If you do have any injuries, see a GP, even if you don't intend to claim for them.

Obtain one or more professional assessments of you bicycle and associated equipment. List everything that will need replacement, including clothing and helmet (if worn). Give the other threads that I linked a read.

In your position, I would tell them that I will speak to them after I've had the repair costs evaluated by idependent professionals.

[thirdcrank]

I think the point is that unless you are settling on their terms, they have no need or incentive to offer more to an unrepresented claimant who is just asking for more. It's generally more cost effective to say no as it is to pay more. I suspect that the only effective tactic for an unrepresented claimant is to make a small claim against the driver, leaving them to refer the claim to their insurer if they wish. It would need a sound case and the determination to go to court if necessary, if they feel your case is weak or if they call your bluff.

OTOH, if they get correspondence from a firm of solicitors, they know you mean business and that procrastination and prevarication can only tend to increase the cost of the eventual settlement. One problem with this is that with a "small" claim like this, you would be on your own at court if it came to it.

There's a post somewhere on here from forum member stoobs (my hero) who recounts how he successfully used the tactic I've outlined and raised two metaphorical fingers to the legal establishment. "Even a monkey could do it." I love it.

[eileithyia]

I'd agree with Vorpal et al, get some independent valuations of the bike and the cost of repair / replacement, look at other kit damaged; clothing etc. Look at costs etc that it has so far cost you to be without the bike, journeys / time you have spent on dealing with this. Point out what it would cost if you start getting solicitors and potential add in for injuries...

[tomcrowe9653]

Looks like they want to offer £2,700.00 for
personal injury

Soft tissue injury to L foot, L Knee, L Shoulder, Neck, Back, Dislocated R Index finger, headaches.

Does that sound right?????????

[karlt]

Instruct a solicitor mate. Don't try to settle a personal injury compensation claim on your own.

[Gearoidmuar]

I and a friend were hit by a car, totally in the wrong, five years ago. Both of us got brand new bikes out of it as well as money for injuries, which weren't trivial. My bike hadn't a mark on it, but it had hit a car full on wheel first and I couldn't trust it after that (an aluminium MTB). I scrapped it. My friends CF-forked titanium bike ripped asunder at the joins. The fork looked fine but he cut it up.
Believe you me, you will get the value of the bike!

[sore thumb]

I recently had an accident with a car, where the car pulled out to turn right, straight into my path ( I was doing 25mph). I ended up hitting the car head on and going over the bonnet to the road the otherside.

He accepted responsibility with SMIDSYT (Sorry Mate I Didn't See You There) and his insurance company have confirmed that they will deal with a claim. Not too bothered about the Personal injury stuff, but I had a Basso Devil 2010 bike with Campagnolo gears ( Campagnolo Centaur Black 10 Spd Double Groupset , Campagnolo 10Spd Centaur UD Cassette 12-27 ).

I have spoken to Aviva today as the bike is irrepairable and a total loss. The engineer wants to pay me £500.00. But it would take £1,500.00 to replace the bike.

Do I accept the offer or can I argue that it should be nearly three times that amount?????

Help

Please!!!!!

With my accident, I just took my bike to a few bike shops and got quotes. I then passed one quote to british cycling insurers and they said yes go with them.

Why has aviva got your bike? Have you given your bike to the other side before getting your own quotes? It's not for the other side to deal with. You or your insures should deal with your bike then send the bill to the other side.