What to do after a not at fault bike/car accident.
#1
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What to do after a not at fault bike/car accident.
Yesterday I was out for a ride and was riding in the bike lane on the street here in Madison. A guy in a Nissan heading the opposite direction makes a left turn in front of me very abruptly w/o slowing down a great deal into his driveway. Thank God I hit the side of his car as I slowed down in time instead of being hit, but I was still going at least 10-15 mph. The guy was really nice and gave me his contact info and insurance info. I've got some minor road rash, and have a small gash in my left calf from the big chainring, but am just fine.
Here is my hang up. The bike (08 Giant TCR C3) was tweaked pretty badly, but is fixable for only around a hundred bucks to get it in working order (wheels need truing, some new bar tape etc), but my once pristine bike is now all scratched up and the carbon frame and fork and my helmet have all had a pretty good jarring. There is no apparent structural problems with the carbon, but how do I know I can trust it? Also I can't repaint my frame or make my brifters look new again. What is this guy and/or his insurance company liable for? He was a nice guy about it, very apologetic and admitted fault. Never the less I feel jipped out of a beautiful bike that I know is solid and in good shape. Does he need to replace the bike or do I just suck it up and deal with a beat up bike?
Here is my hang up. The bike (08 Giant TCR C3) was tweaked pretty badly, but is fixable for only around a hundred bucks to get it in working order (wheels need truing, some new bar tape etc), but my once pristine bike is now all scratched up and the carbon frame and fork and my helmet have all had a pretty good jarring. There is no apparent structural problems with the carbon, but how do I know I can trust it? Also I can't repaint my frame or make my brifters look new again. What is this guy and/or his insurance company liable for? He was a nice guy about it, very apologetic and admitted fault. Never the less I feel jipped out of a beautiful bike that I know is solid and in good shape. Does he need to replace the bike or do I just suck it up and deal with a beat up bike?
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You don't know that you can trust it. Not for sure. If it were me, I'd press his Ins. company for a new bike or lawyer-up if they don't want to do that. If you are not at fault in any way, you have the right to be made "whole" again. Exactly what 'whole' means depends greatly on interpretation and how much you are willing to fight for or how little you agree to. If you do deal with the Ins. company at all, don't let the adjuster's smiling face and sunny disposition fool you into believing that their job is anything other than paying out as little money as possible.
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Insurance company will probably deal with you. Just get a quote from the bike shop (with estimated value and stuff). Odds are, the agent assigned will not be a bike expert so the bike store repair / cost estimate will help you. compared to what a t-bone accidet between two cars would have cost, your claim will still be small.
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If he'd pulled in front of your car and you hit him in the side you would expect nothing less than a full repair from a body shop. Accept no less. And you're in Madison, the most bike friendly city in the country, I think you'll be made whole again.
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Take it and get the repair and everything quoted. Get the paperwork there and then proceed with whatever was said.
If it's repairable, get it repaired. If it's not, then try to get a new bike.
If it's repairable, get it repaired. If it's not, then try to get a new bike.
#6
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The thing is that you can't repair the paint or the brifters. Nor can anyone guarantee me that my frame and fork are still solid.
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Repairing a bike isn't the same a repairing a fender or quarter panel. A bike frame is in essence no different than a car's chassis, and everyone knows that if you ever have to repair a car's chassis, it will never drive the same. If a car driver is at fault in a car vs. bike accident, you are foolish to accept anything less than a new frame if there is damage to the one you were riding. Especially with carbon where cracks can be easily hidden and masked for quite some time.
Some people might urge you to take the "high road" or some nonsense like that and go with a quoted repair. But screw that noise... you weren't at fault and things could have been much worse if you weren't as quick-witted in the situation. Replacing your damaged bike is the least they can do for you.
Some people might urge you to take the "high road" or some nonsense like that and go with a quoted repair. But screw that noise... you weren't at fault and things could have been much worse if you weren't as quick-witted in the situation. Replacing your damaged bike is the least they can do for you.
Last edited by MegaTom; 04-15-10 at 06:05 PM.
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If it's repairable though, try repairing it.
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Similar incident happened to me. I was traveling up the road, in the lane and a guy traveling from the opposite direction with no signs of his intention (swerving merging to one side, turnsignal,etc...) cut right into me. I was lucky due to the fact that me slamming on the brakes bought me enough time so he did not hit me head on. Instead, I ate the passenger front fender. The cop (who was sitting across the street) said the driver claimed he never saw me & sighted him with reckless driving. His insurance company gave no problems, or even bother to send an adjuster to look @ the bike. They simply asked for a copy of the estimate & sent me a check for $600.
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what kind of fool takes a left and drives straight into a cyclist? get as much out of him as you can, i wouldn't drive my car if i thought i was capable of simply driving directly into someone like that, wtf. his eyes don't work?? too busy pretending to be a nascar driver or vin diesel street racer?? jagoff!!
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I too believe in the good side of humans. To be nice and apologetic is the natural/normal reaction for a driver after hitting a cyclist. I have been hit twice and both drivers were nice and apologetic but when was time to pay their attitude changed. The main problem here is that the average person has no clue as to how expensive bikes can be.
Once I called the Insurance companies everything got taken care of. On top of the property damage, both times the Insurance companies offered me more money to sign a injury waiver. I signed twice but only after 30 days to make sure I had no lasting medical problems beyond the bruises and rashes.
Once I called the Insurance companies everything got taken care of. On top of the property damage, both times the Insurance companies offered me more money to sign a injury waiver. I signed twice but only after 30 days to make sure I had no lasting medical problems beyond the bruises and rashes.
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Your bike is toast. The only way an insurance agency would give you a new bike was if it was still new/you'd just gotten. Road bikes degrade in price fast. Also, the insurance agency will do everything to degrade the value of the bike. You'd be lucky to get 1/2 to 1/3 the cost of a new bike. The insurance agents can be scum.
The system is, unfortunately dishonest. The only way you'll get a new bike is through "pain and suffering." It's rigged for the insurance companies, not everyone else.
The system is, unfortunately dishonest. The only way you'll get a new bike is through "pain and suffering." It's rigged for the insurance companies, not everyone else.
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Did you get a police report? I got burned once on a minor car accident because I wasn't smart enough to report it and get an official police report. Not sure if this is necessary with a bike accident but it would never hurt anything.
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"What to do after a not at fault bike/car accident."
Honestly? Don't log onto BF and talk about how it's only a couple hundred bucks to fix everything.
Honestly? Don't log onto BF and talk about how it's only a couple hundred bucks to fix everything.
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Definitely get the whole bike replaced w/exception of components you know are in working order. Obviously here is no place to be cheap, and if someone has damaged your property, he should pay to fix it!
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what kind of fool takes a left and drives straight into a cyclist? get as much out of him as you can, i wouldn't drive my car if i thought i was capable of simply driving directly into someone like that, wtf. his eyes don't work?? too busy pretending to be a nascar driver or vin diesel street racer?? jagoff!!
Stop being so smug.