Car knocked me off my bike a few days ago, his insurance have confirmed he is liable and has accepted fault. Ive sent through pictures and details of all damaged items (bike, helmet, clothes etc.) but the insurer now suggesting as it was all "used" they will not replace like for like, but will deduct a proportion of the associated replacement value based on what they perceive to be the "used" item. This seems ridiculous to me? ANyone had any experience with this and can shed some light on if they can do this? Surely they need to replace my items? If my items are no longer available they need to replace like for like (i.e. The latest version of the Spesh shoes that their insured ruined). Please help
IANAL or work for an insurance firm, but I'd say this is pretty standard as they're trying to reduce how much they pay out.
This will be just their first offer. Make sure you have an itemised list of the replacement values for each item (LBS should be bale to help if you promise to buy through them) and don't accept any offer under that.
Have you got legal insurance through your home contents insurance? My wife got a big payout when knocked off her bike. Cash for concussion + bruised ribs, and all damaged stuff no-quibble new prices. All dealt with by our insurer.
Surely that's absolutely bonkers?! There isn't really an established market for second hand bike shoes, so if they give you 50% then how can you source an equivalent pair to get you back to the condition you were in?
Also, you could argue against buying second hand shoes and clothing on the basis of hygiene.
SL2000, thats a good idea will check if I have it included. Im bashed up pretty bad too although nothing is broken. To be honest they have really pi$$ed me off. I was happy to let the other stuff go but just wanted my damaged stuff replaced but NOW?!?!?!?
insurance should put you back into the position you were in before. simply ask them where they get their second hand values from and as them where you can buy this stuff second hand. also point out that second hand helmets are not acceptable.
Similar thing for me, two years ago. I got hit by a lady who pulled out of junction, broadsiding me and sending me into oncoming traffic. Scary stuff.
Anyway - I went down hard on my shoulder and hip. I saw a doctor just to register that it was hurting a lot (I was leaving the country for 3 months the day after - and it was Xmas...so I just managed to visit a GP to get record of the injuries). I would recommend doing this as what I thought were bruises turned out to be a fair bit more serious. Took 12 months to clear up, even though I managed to ride home on the day. So ensure you have a medical check even if 1) it seems overkill and 2) you feel like it is only minor cuts and bruises)
As for kit - my bar had a big scuff on it - (Syntace carbon bar) and they paid out based on new. They also paid for my bike to be fully checked over by an independent shop and would have replaced like for like had the bike not been ok. (thankfully it wasn't a carbon bike!)
To be honest they have really pi$$ed me off. I was happy to let the other stuff go but just wanted my damaged stuff replaced but NOW?!?!?!?
When I was getting dicked about by an insurance company, sending them an itemised list of all the damaged stuff and stating that if they paid in full, and without deductions I considered the matter closed got a rapid response and cheque. Far easier and cheaper for them than it being legally dragged out.
If you have genuinely been injured though, you may be better speaking to a lawyer. BC or CTC provide this as part of your memebership, if you have it.
This is absolute cobblers.
You are being fobbed off. They can only apply a deduction for wear and tear to their own policyholder's items, not third party items. It's a try-on, pure and simple.
You are entitled to the full replacement cost of any items damaged by their policyholder's negligence. Insurers often get this point "confused" (accidentally on purpose, no doubt) but the case law is quite clear.
IAAL if that makes any difference.
Ooooh, well played Jakester !
Prior to this I'd have told them that sourcing identical used replacements, of similar age and in at least comparable condition AND WITH FORMALLY VERIFIED lack of crash history would be more expensive than replacing but that they may do this on my behalf and supply the bike to me when they can do so.
In the meantime I'll have to rent a bike to keep me on the road and charge them for it
... and that, what with all my stiff neck and aches and pains that bike'll have to be an e-bike to get me to the doctor, physio and lawyer's offices on a regular basis
Same happened to me nearly 3 years ago. Dozy bint cleaned me out from behind as her wing mirror smacked me right arm leaving me flat out and concussed in middle of the road. Her insurer coughed up for damaged kit, replaced bike and injuries. Was done quickly without fuss - took photos of kit and injuries over period of a week, plus got LBS to look over bike with letter weighted in favour of replacement (carbon). Get checked out at the quacks too. Don’t be mugged off with their pitiful initial offer...good luck.
Check your household insurance and you may well find you have legal cover, which should cover you for this sort of thing. Clearly their insurance is trying to mug you off, so engaging the legal profession should reap dividends.
Its quite standard. In my claim my bike had minor damage but they werent going to pay full value. Shame my broken spine made up the claim....
Mention bruising and muscle injury and they might wing a quick offer providing you aren't injured. In my experience insurance companies are barstewards.
Tell them you are bashed up, photo bruises and scrapes. They will change tune.
You have to argue. Or threatten to go to Leigh Day, then there will be solicitors costs on top
As I understand it, household legal cover is there in the event someone tries to claim off you for something, not the other way round. If you ring them I'm sure they'd pass you onto their tame ambulance chasers though. You might be better approaching Leigh Day yourself if you need a lawyer.
Im bashed up pretty bad too although nothing is broken.
I’d be getting a solicitor, I got knocked off in May, no damage to the bike but bashed up a bit again nothing broken, my brief has put in an initial claim for just over £2k for my injuries.
Definitely lawyer the bleep up. I consider it a bonus part of cycling Uk membership that I can let some lawyers loose if I need to but even without that can go to the same companies.
I might be willing to accept like for like bikewise (although no easy find of good replacement second hand then I would want new) but as others have said second hand cycling shoes, errmm no, and second hand helmet how about taking a long walk off a short pier?
I am not a fan of ambulance chasers but havent proper replacement gear really isnt that.
Legally, as a third party in a civil claim, the law expects you to be compensated for what you have actually lost, not the cost of replacing it, so two year old jacket, 3 year old bike etc.
This is why you pay extra for "new for old" cover on home contents - oh the joys of depreciation tables back in the day!
Just add on a few grand for pain and suffering, then you don't need to bother too much with the details of the damage.
Cycle Law Scotland will help you out if needed.
What tj said. These ****s are trying it on.
I had exactly this a few years ago and replied asking why they wanted to know when I'd bought the clothing etc and if if related to any established pricing via a known sh market, where was that market.
I got a cheque by return.
MCTD how is he a 3rd party? He's the claimant!
The claimant IS the thrid party hence 3rd party insurance. It does not cover you the insured it covers those you hit - the third party
Ah gotcha ta
As your claiming off his insurance you have no idea if they have any ‘new for old’ provision (unlikely as you are the 3rd party) and they will be deducting wear & tear - as long as they put you in the position you were in before the loss they have fulfilled their obligations. Try claiming of your own insurance (assuming you have new for old) and your insurance company will seek recovery through subrogation against the other party as they have admired liability
If you're injured I'd also suggest consulting a lawyer.
When I got wiped out I considered myself lucky not to have life changing injuries and initially would have been happy just to get bike etc replaced (say £600). However the guy's insurers were dragging their heels and I got frustrated. Eventual payout was far higher (5 figures), I.e. dwarfed the cost of replacing bike.
I just used the little law group in my parents home town. They took 25% but were reasonably efficient.
I'd be tempted to make a counter offer of the new cost of all the damaged stuff and say to them ( if you are sure no lasting injury) that you will accept this sum as full compensation and consider the matter closed. BUt if they don't agree immediately then start adding in injury claims - as above bruising and bashing you around is worth a couple of thousand
Why let then of so easily? They've already had a chance and behaved like ****s. Start with a few grand pain and suffering.
Thnaks All, Ive read with interest. Ive itemised my damages and told them I would accept 10% reduction in the total based off RRP (Im confident I can source everything within that). Ive also reserved all rights to injury claims as a safety for any ongoing issues. Im waiting for their response but having spoekn to their assessor Im hopeful that I will see a cheque soon and the ability to detail my ongoing osteo/physio etc.