joehanus

I was recently hit by a car while riding my bicycle (luckily I wasn't seriously injured). I got a repair estimate to replace any broken or damaged parts on my custom road bike, but now the at fault party's insurance adjuster wants receipts of each individual part. The problem is is that many of my parts were bought off craigslist and I don't have any receipts for them. I probably spent about $1500 building my road bike, and the repair estimate was about $2500 for new replacement parts. As I see it the reimbursement shouldn't be a matter on how much I purchased the parts for, it should be based the cost to replace them with new parts from a bike shop. Even if I did have receipts from my craigslist purchases, they shouldn't reimburse me for the cost of a part off of craigslist. If I was in my car instead of riding my bike and my bumper was damaged they wouldn't reimburse me for the cost of a bumper based off of craigslist prices...

Has anyone out there had any experience with this sort of situation? Any input would be greatly appreciated, thanks!

mtbikerinpa

Do not be reluctant to fight it. Even when it is a car I have had to fight about it. When my car was totalled by another driver who was at fault, his insurance was non-existent so mine had to cover it. They wanted to nit pick like there were scratches and it smelled wierd. The smell was from the body shop leaving it outside with the windows down for 2 weeks and duh it was scratched up front IT GOT HIT BY A BLAZER. You have a justifiable position so stand your ground with research.

CbadRider

You are correct in that compensation should be based on replacement costs. You might try posting in the Advocacy and Safety forum, a couple of the regular posters there are insurance adjusters.

curbtender

Search replacement cost for your parts and email them to him. It doesn't matter what you paid. He is going to cut you a check for that.

Mr. Beanz

Why?? I don't know of any car insurance plans that pay 100% fo the cost of new parts. Even cars are based on blue book values as soon as you drive off the lot. Replacing low cost possibly used parts with full cost new parts doesn't seem reasonable IMO. Law puts you where you were ($1500) not ahead. ($2500)

curbtender

Not knowing what parts he has, he may be able to buy old stock at a cheaper price than what he paid on craigs. He's dealing with an auto adjuster that needs to justify what he's doing. They need to make his bike whole. I take that he's not using a lawyer because he's dealing with an adjuster. Unless you made these parts yourself, you should be able to find a replacement cost.

prathmann

This is reasonable in situations where there's a well-established resale market so that one can quickly find and buy a suitable replacement. The resale bicycle market is not nearly as widespread as that for used cars and there are more individual fit issues involved. So finding a used replacement with an appropriate bike model that's in similar condition and has the right frame size, right stem extension, right crank length, saddle that fits the individual, etc. may take an extended search and much time and effort on the part of the person whose bike was damaged by an at-fault driver. Sure, the system isn't supposed to provide a big windfall for the victim of a crash, but he should be made whole without having to spend lots of his own time without compensation.

In my experience this is recognized by most adjusters and they're willing to reach a settlement based on reasonable estimates written up by one or two bike shops for either replacement of all damaged components of the bike (incl. labor) or purchase of a new bike of similar quality - whichever is less.

Abe Froman

Next time you talk to the insurance company casually mention your neck has been bothering you and you think you need to go to a doctor.

joehanus

Thanks very much for all the input. The damage was to my STI shifters, my frameset, saddle, and wheels - the prices of which are all easily found on the marketplace. What I plan on doing next is contacting my own auto insurance company, and if they can't help I will be in contact with a lawyer.

Digital_Cowboy

Agreed, I've lost count of how many cases that the arbitrator's on the various "People's Court" like shows where someone has had something damaged and was seeking to be made whole, and it has always been pointed out that they're entitled to replacement value, not necessarily what the item is/was worth at the time it was damaged.

tatia

Without receipts you can still give the adjuster an appraisal by going to the your bike shop where they have built or worked on your bike and list what you had and then give a replacement cost all on there bill head. If you can do this with more than one shop the better. Photos are also a great thing to have to prove ownership. The cost shouldn't matter if the insurance co. has replacement coverage. Good luck and don't give up.

curbtender

You have to figure this guy is swamped with cases. Just go to an online vender, copy thier prices for parts you need and send them to the adjuster. You'd be helping to move the process along. Any medical cost related to this?

fietsbob

Documentation, .. do you have the Police Report from them coming to the scene.?

dscheidt

Quite a lot of states require auto insurers to repair cars with new parts, if that's what the owner wants. There are limitations, like not applying to vehicle more than a few years old, and insurers can provide incentives to make you take the cheaper used or knock off parts they'd rather you use.

there's not a well developed market for establishing the depreciated value of bicycles, nor is there a very deep market of second-hand bicycles, once you get above the entry level stuff. So it's not at all unreasonable to demand that they replace the bicycle with a new one of similar quality, regardless of what his actual cash loss would be.

To the OP: consider hiring a lawyer. A demand letter from them, listing your losses, and offering to settle for them would probably produce the desired results. The lawyer would also know what consequential damages you're entitled to (lost wages, medical expenses, alternate transportation costs, damage to other property (like your helmet, clothes, and cell phone)), which can be substantial.

Mr. Beanz

What would you figure the outcome will be knowing the OP bought the pats off craigslist which will more than likely suggest the parts he used were second hand and the fact he has no receipts?

tagaproject6

OP - get a lawyer. Reading an internet argument about what may or may not happen, what some states allow, what some don't, etc., etc., is not going to help you.

curbtender

So you are saying the insurance company should search craigs for replacement parts? That's what he did and traveled to get them and installed them...

Mr. Beanz

Is that what you got from my question? Wow!

dscheidt

My (first hand) experience has been the insurance company springs for a new bike. Or rather, cuts a check for the price of new bike. That was for a ~20 year old Fuji I'd bought at a garage sale. I'd put a little bit into it, but not a lot. I was at a stop sign and a moron made a left turn into me, bent the fork, and buckled the head tube. Localish Fuji dealer (who'd sold the bike new, it had their sticker on it) wrote a letter saying 'bike unrepairable. This is the current replacement model, selling price is $X'. Moron's insurance company cut a check for X. (including the sales tax, as I recall.).

Even an expensive bike is less than a trivial body shop bill.

Bill Kapaun

IF you were in a car, they would probably tell what repair shop to take it to.
Ask what repair shop to take your bike to so that you can have it fixed and they can pay parts AND LABOR!

Don't forget to ask for a "suitable" loaner.

pdlamb

IANAL, nor do I play one on the internet. When I was hit, I took the bike to the LBS and they wrote me up an estimate. Took it to the insurance adjuster, and she cut me a check. Simple.

I'd expect the same level of service they give a car driver who's been in an accident. Take it to the dealer, body shop, etc., get an estimate, get out of the way and let them negotiate, two weeks later pick up the fixed car.

Sounds like the OP made a mistake telling the adjuster he'd built it for less. If the insurance company wants to pay for original cost, fine. Just tell the adjuster you'll be recording time spent in finding replacement parts and installing them (or having them installed), and billing them for that time. If you want a replacement for the 9-speed Campy Chorus shifter that was on there, either give them the "buy it now" price from fleabay, or ask them to source it for you. If you want to upgrade from Sora to Dura Ace, expect to pay the difference. If you had a 9-speed Dura Ace, well, it's time for some negotiations.

curbtender

That's what I get, but maybe I'm wrong, I've been wrong before... What I really hear you saying is that as an owner of second hand parts he doesn't deserve to get reimbursed for what was damaged.

achoo

And how much does an MRI cost?

"Uggh. My aching back. It's never been the same since I was hit!"

So what if he built his bike from scrounged used parts? Is the insurance company willing to pay him per hour to do it again?

Mr. Beanz

Thanks you for the reasonable explanation. I wondered being that the bike/parts were second hand and not having a receipt, would the situation be different than a new bike with a receipt? According to your scenario, I guess it makes no difference. Hopefully not!

Hopefully the OP posts the results of the situation when done.

curbtender

How'd you like to adjust this one... https://espn.go.com/olympics/cycling/...ar-lucky-alive