I got hit this morning on a 40mph road by a car this morning, been to a&e and X-rays ok, cut up hip, leg and arm, jarred shoulder.
I was doing 58kmph and coming up to a traffic island, slight downhill, about 10m-15m before there was two potholes/ drains/grids
I glaneced over my shoulder and I moved out , I heard the noise of a vehicle, it hit my back wheel and shunttered me into a slide 30-35m , the driver said as I swerved out he slammed on but was going to hit the traffic island , so he released the pedal.
We both skidded to a halt, as I was sliding I turned around to check if car was stopped, it was still sliding about a1-2 foot off
Lad pulled over, shocked and I asked him why he was so close, he said I swerved out ,
I asked him why he hadn't left a full car width to overtake me and especially as a traffic island was coming up .
I got his name address, tel number and reg no..
Just got back from a&he, topcoats service from a&he
looking at my bike the front wheel snapped in 3 places and the shifters hassnapped back, plastic looks to be broken..
A, should I report to the police
B, he said hed kandi pay for a new wheel,
C, how do I report it throw insurance, should I ring my car insurers or house insurers..
D, I'm not looking for a comp payout just to cover the costs of new wheels, parts and bike repairs , shredded two jackets and thermal cycling trousers, (but just glad I was heavily clothed)
E, no witnesses , but a kind man stopped about 5-10 mins later to see if I was ok, as the driver had left
A) Yes it a person injured it should have been reported straight away so he could be breathalysed.
B) Tell him to go through his insurance
C) You weren't in your car.
Good the hear it's not serious.
Isn't it an offence to leave the scene of an accident when there's an injured party anyway? Or an offence to not report the accident, something like that?
Police should have been involved if you thought you were injured enough to go to an A & E.
As above. MUST be reported to the Police, I think it is 24hrs so either he needs to or you need to.
It doesn't really have anything to do with either your house or car insurance in terms of damage to the bike as that is for you and his insurance to sort out. If you have personal injury insurance cover with any policy then it might be worth finding out if that would cover this type of accident for injuries. You will be sore tomorrow.
If he won't cough up his insurance details then you have a valid reason to look on AskMID. The police will get it for you anyway. You need to report it to them ASAP. Up to you if you give the guy a heads-up. You should have called them at the scene though, even if they didn't attend it would have had it logged and given you a reference for giving to the insurance.
At the time I was cut up, all superficial lower arm and around the hip waist and knee and shin.
I could stand up hence I didn't feel the need for police ambulance etc
but my hip joint started aching with shooting pains,
After I had rang my partner and got picked up, only a mile from home
then decided it best to go a&E drop in centre, I reported it as a road traffic incident at the a&e ..
It'll all be ok assuming he stands by his word and pays costs ,
Section 170 of the Road Traffic Act 1988 requires drivers/ riders to report to a police officer or police station that they have been involved in an accident involving in any of the following; any personal injury. damage only, where the other driver/ rider did not stop.
For your own security and that of others (as he might have previous) then report it. It gives you a much better leg to stand on if he decides to be awkward.
It doesn't really have anything to do with either your house or car insurance in terms of damage to the bike as that is for you and his insurance to sort out.
My bike is insured under my house insurance.
www.cycleaid.co.uk
WWW.BIKELINE.CO.UK
or CTC 0844 7368452
ALL will take tour claim for free,
NOW REPORT IT TO POLICE, and fill in a rtc report, and hope driver is legal , insured taxed and moted etc.
How id you get to hospital, did driver take you or ambulance, keep a record of all expences, and phonecalls time and date, then wait and recover slowly, youll hurt tommorrow.
Carbon frame? Don't risk getting cash payout for the wheel etc, chances are your frame is damaged too, even if you can't see it straight away. Van driver who knocked me off, gave me £150 for a borked wheel. 2 weeks later cracks started to appear on my seat tube and there was no comeback...
My bike is insured under my house insurance.
For theft or damaged in an accident/RTC? If the latter then by all means contact them.
If you have home insurance legal cover then it might be worth giving them a shout.
I don't think house insurance will pay out for a non-fault accident, they'll surely expect you to claim off the driver?
I was doing 58kmph and coming up to a traffic island, slight downhill, about 10m-15m before there was two potholes/ drains/grids
I glaneced over my shoulder and I moved out , I heard the noise of a vehicle, it hit my back wheel and shunttered me into a slide 30-35m , the driver said as I swerved out he slammed on but was going to hit the traffic island , so he released the pedal.
also a claim against the highway authority, take plenty of picturs with the aid of a ruler or tape to show depth etc, and then report the pothole, fillthathole etc and LA website.
exactly, but they might deal with the other insurer if it is covered (probably through the legal cover bit) as your car insurance would.
He won't pay you a penny when he hears how much all your kit is likely to cost. He'll be sat there thinking up reasons why he shouldn't have to part with cash. Call the non-emergency police line and get it logged. Ask if they will check insurance cover on his vehicle.
Non emergency police line won't deal with it. You need to go to the station and full out the forms in person. Good luck.
Based on a collision (and successful claim) in October.
A, Yes, you should definitely report to the police. Without witnesses they won't be able to charge him with any driving offences (based on my experience - traffic cops recommended 'without due care' but not proceeded with as little chance of success)
Police should interview driver and provide you with his name, reg, insurance details (for future reference - you really should have done this at the scene. Would have been much easier for you).
B, Deal with the insurers.
C, his insurers, not yours.
D, I'm not looking for a comp payout just to cover the costs of new wheels, parts and bike repairs , shredded two jackets and thermal cycling trousers, (but just glad I was heavily clothed)
Expect it to take a few months to get paid out.
Get your bike properly checked over by a bike shop. Quote for all damaged parts to be replaced. Make sure that you/they are comfortable about any damage to frame and fork.
You have been injured and you should be entitled to some compensation for that - at least talk to a cycle claims solicitor. http://www.slatergordon.co.uk/unions-federations-and-charities/ctc/
E, no witnesses , but a kind man stopped about 5-10 mins later to see if I was ok, as the driver had left
You could/should press Police to charge him with 'leaving the scene'. He should have stayed and should have reported it.
exactly, but they might deal with the other insurer if it is covered (probably through the legal cover bit) as your car insurance would.
Yup they should.
Tell police. If they'd been called at the time he would have been breathalysed, interviewed and possibly reported for careless driving.
By law he has to stop to be able to give details to anyone that needs it and has 24 hours to tell police. You don't press charges for failing to stop, that's up to the police if he doesn't report it to them.
If you're with BC or CTC (or whatever it's called) let them know. Their legal firm might not get involved yet but it's recorded if you do need them later. As above drivers can become a whole lot less interested when the costs add up.
And you need time to assess the effect of your injuries- swelling and soft tissue injuries aren't instant, they get worse. I rode 10 miles home from mine on adrenaline and declined ambo or a lift in the police van. Ended up off work for a month :-/ And expect to get blanked by his insurers, standard practice to discourage claims which is why I ended up going via BC legal cover (Leigh Day).
Apart from not leaving you room, and overtaking at an island, if you were doing 58kph, that's about 36mph, so in a 40mph limit he shouldn't have had to slam on stay behind you. Worth mentioning when you report to police.
A few posts are suggesting he could be charged with leaving the scene - but if he stopped and gave you his details, I think he was legal to go after that?
It's an RTA so you should report it. In addition to the obvious it will also go on road accident stats and may go towards making improvements for cyclists in the future on that section of road.
If there are no witnesses he may deny it happened like it did. Similar incident happened to me, offending driver initially very contrite and offered to pay etc. 24hrs later it 'never happened', presumably after he had spoken to his mates down the pub. Get on to the rozzers pronto. Make notes about what happened while it is fresh in your mind.
I'd put his reg through the DVLA MOT and Tax database too. You might be in for a surprise.
Right I rang 101, they took a report and I then went to the local station to finish off the report.
I'm dropping my bike off at the shop tomorrow it needs a new wheel and the shifters all damaged
It's alloy with carbon seatpost and forks so will get them to check it out and get an estimate
You may find that you are very bruised / stiff / whiplash type effect tomorrow when you wake up.. Have pain killers and ibuprofen by the bed.
Keep a record of any injuries and photograph them.
Write everything down now, make lists of any damage to kit, bike or your injuries. Document it all, photograph it all.
From experience, get the bike shop to wrote a report/quote on letter headed paper
Spot on cloud 9, an old shoulder injury definately got jarred yesterday I can't lift my arm even half way before pain, the leg and hip is more superficial but will sting like a bar steward
And thanks Scaled gonna drop my bike off later I'll ask them for an official quote, likely I'll need to pay for damage and try and reclaim if the guy isn't interested In Paying up
Will take plenty of pictures before dropping it off
**Update**
i have the driver name, car reg, a police report (they are not going to prosecute, no time), pictures of damage to bike (was new jan17), clothing and myself, picture of bike in relation to traffic island (35-40metres down the road) and manholes that i moved out for, and I'll be getting pictures aprox measurements of the manholes/grates and the solid white lines immediately prior to the traffic island. He hit me from behind and should not have been overtaking at the proximity to the traffic island .
strava shows my speed as 58KMPH (36mph in a 40 zone) and location of Rest.
it was a fleet vehicle of a local garage, the police gave me the company name and address and the insurance details.
I'm now in limbo
do i ring the boss and ask for damages (bike shop have inspected frame and damage bill repairs is £300) clothing and accessories damage another £250-300.
or go via the solicitor route (i do not expect long term injury).
or go direct to the insurer.
has anyone past experience of low claim values, my bodies recovering far better than i expected, TBH i'm glad to be alive, although an old ac joint shoulder injury has flared up, hoping that will fade in a few days
it may be best to speak to one of the companies listed above and take their advice, i cant see them wanting no win no fees on such a low payout.
just interested peoples thoughts
do i ring the boss and ask for damages (bike shop have inspected frame and damage bill repairs is £300) clothing and accessories damage another £250-300.
or go via the solicitor route (i do not expect long term injury).
or go direct to the insurer.
Your solicitors go to the insurer's of the vehicle. Always.
You could phone the boss but that then gives him the opportunity to claim that you were harrasing / intimidating / threatening him.
You / your solicitors present the bill to the insurance company, they do all the negotiating and they pay out.
Spot on cloud 9, an old shoulder injury definately got jarred yesterday I can't lift my arm even half way before pain, the leg and hip is more superficial but will sting like a bar steward
get the ball rolling with getting a claim through his insurers...but i would hang fire on saying your injuries are fine...they may get worse later on especially making an old injury even worse. go get a medical assessment on the extent of the shoulder injury
Years ago I was hit by a car, but it was a low speed tumble and the only damage was a buckled back wheel and a cut on my shin.
Phoned up the driver to give them my quote of £150 for new wheel and the driver's dad says jog on. They had their chance.
Got British Cycling involved and a year later received over £1000 and the driver was in trouble for not reporting it to their insurance company.
I would go to the boss with a one time offer - if he does not accept ad write the cheque there and then then its solicitors time.
Definitely add something on for pain and suffering. It's not your fault you are chasing up your losses with a sore shoulder etc. You'll probably not get everything you ask for anyway.
A few things to note from my own experience -
Collision claims for replacement of damaged bikes are [b]NOT[/b] new-for-old. If your bike is written off the insurance company will only pay out for the depreciated value of the bike, clothing, equipment etc.
Based on this it's in your interest to make sure you list all of the items that are damaged, even if the damage is cosmetic or something you'd repair. Remember that people expect their cars to be resprayed for the most minor scratches. If you do this you'll not be too pished when they pay out a percentage of your claim.
Collision claims for replacement of damaged bikes are NOT new-for-old. If your bike is written off the insurance company will only pay out for the depreciated value of the bike, clothing, equipment etc.
They should be. You should be put back in the position you were before the accident. With cars they can offer depreciated values because there's a huge market for second hand cars, more depreciation etc. That doesn't exist with a bike. If you have a £7000 S-Works and they say "we'll give you £3k", you're not going to get the same bike. They may offer you less, but I'd not accept it.
When I made a claim (through BC) I was encouraged to include stuff like my shorts, which had a rip, scuffed shoes etc. The claim was to restore all the items that were damaged, which is not unreasonable.
simons_nicolai-uk - MemberA few things to note from my own experience -
Collision claims for replacement of damaged bikes are NOT new-for-old. If your bike is written off the insurance company will only pay out for the depreciated value of the bike, clothing, equipment etc.
You've been had I think. Last time an insurer tried this on with me (clothes and damaged components, £600 odd) I read online advice saying the above is horseshit. It implies there is an established market (like for cars) where you can determine the price of SH stuff by its age (Parkers etc) but there is no such equivalent for bikes/parts.
I got a cheque by return after raising the argument above.
Insurers will lie to you to get away with paying less.
You are quite right about this in my actual experience. the no-win-no-fee rules changed a few years ago to rein in ambulance chasers, so now as you say if it's only a few hundered quids worth of bike damage they won't be interested. I'd go straight to the insurance company, (in fact did).it may be best to speak to one of the companies listed above and take their advice, i cant see them wanting no win no fees on such a low payout.
edit - and unless you are sure it didn't bash or scrape anything, definitely claim for a new helmet.
I got new for old when my bike was stolen
I got new for old when my bike was stolen
Yes, your own insurance, which may cover damage as well as theft, may well be new for old. However, when you're claiming against someone else's motor insurance for a collision it's not.
Which is why i pointed it out.
They should be. You should be put back in the position you were before the accident. With cars they can offer depreciated values because there's a huge market for second hand cars, more depreciation etc. That doesn't exist with a bike. If you have a £7000 S-Works and they say "we'll give you £3k", you're not going to get the same bike. They may offer you less, but I'd not accept it.
You've been had I think. Last time an insurer tried this on with me (clothes and damaged components, £600 odd) I read online advice saying the above is horseshit. It implies there is an established market (like for cars) where you can determine the price of SH stuff by its age (Parkers etc) but there is no such equivalent for bikes/parts.
I made the same point, and they didn't mark down the cost by as much as I feared but their position is supported by the websites of the claims lawyers I looked at. I made sure that what I claimed took account of what I wanted to get out of it.
Be careful of mixing up the cover YOU have for YOUR accidents and the cover that THEY have for the losses caused by THEIR accidents.
Where you are not at fault you are effectively saying to the other party "You have caused me loss - I am now proposing to sue you for the cost of my loss." They then say "OK, we have taken out insurance to cover ourselves when someone makes this sort of claim, we'll then let the insurance company handle it."
Whatever terms and conditions their insurance is arranged on is irrelevant to you - you have a claim against the person that caused you loss and the extent of their policy cannot reduce your ability to claim.
So YOUR loss is the damage to your bike, and you are entitled under normal civil law proceedings to be put back in the position you were before the incident.
Now one or other of the insurance policies that you have taken out may include Legal Cover type arrangements which effectively allow you to step back and have them deal with the negotiation on the claim, but if you don't have that (or don't want it) what you need to do is:-
- tell the car owner of the full extent and cost of the damage to you and your equipment and that you are claiming the full cost of replacement
- tell them of the extent of the physical injuries and that you will be claiming against them a currently unquantified amount for injuries caused
They will then forward that to their insurers and the insurers should get in touch with an offer of settlement, or they may want to try to limit their payout by challenging your levels of loss (after all, that's how insurance companies make their money - by paying out as little as possible). At the point at which an offer is made to you by the insurers, if you choose to reject it as you don't believe it is sufficient you will then end up having to take the company to court in the small claims. But don't let yourself be bullied into a low figure - irrespective of what the insurers do, your entitlement remains the same, unless you've accepted a final offer from them.
[Edit - instead of dealing directly with the company, you may want to instruct a solicitor to do this for you, to avoid any mishps - perhaps on a no-win, no-fee basis]
Simons - You do not have to accept a lessor valuation or the value of secondhand replacements unless they are easily available.
All you have to do is ask the insurers where and how they would replace your bike for what they are offering - and if they can't they have to pay out the full cost of a new replacement
None of my bikes could be replaced second-hand. all rare or unusual and custom spec.
some great responses guys thank you, more ideas for me to think about.
my bike is being repaired presently, the bike shop have tested it for misalignment/twisting of the frame, they say its fine.
they will write up quote of the repair bill/receipt on headed paper.
Simons - You do not have to accept a lessor valuation or the value of secondhand replacements unless they are easily available.All you have to do is ask the insurers where and how they would replace your bike for what they are offering - and if they can't they have to pay out the full cost of a new replacement
That's a nice idea - anything to back it up? What do insurance companies do with classic cars?
Classic cars are normally agreed values. Ie when you insure it you agree a value for it and that is its insured value.
You have to be put back in the same position you were it before the accident - now if a exact secondhand bike was available it might do but in most cases a secondhand bike that is a direct replacement is simply not available
http://www.mackssolicitors.co.uk/compensation-claims/cycle-accidents/bicycle-repairsreplacement/
My bikes - 20+ yr old raleigh ti frame with modern running gear, mt 800 tandem with only the frame left from the original bike, Cheap hack frame with electric bike kit and high spec running gear- how can these be replaced secondhand?
I'm not arguing that it can, just that that isn't the basis I understand (based on research and personal experience) that an insurance company will pay out on.
You never get put back in the same position - you've always lost out. Exactly the same for cars. If my 8 year old VW Caddy Maxi Life was written off tomorrow I'm not going to get put in the same position. Same colour, same milage (<50k in 8 years), options? Not a hope.
Even if I was paid out the new value of my old bike costs have gone up and the model I had then is no longer made.
So you're not put back in the same position - you get £x but that doesn't give you the car back.
Classic cars are normally agreed values. Ie when you insure it you agree a value for it and that is its insured value.
No different for any other car then - non classics have a book value that shows on the insurance from memory.
Insurance companies will always try to minimise their losses - but stick to your guns and you will get a good settlement and unless you can be put back in the same position with the money you are being offered then keep on fighting. they rely on you giving up..
@simons_nicolai-uk - see what I wrote earlier. You're confusing the position of someone who crashes their own car and is reinstated by their own insurers, vs someone who has had their vehicle crashed into. The limitations placed on the replacement value of your car etc are a matter of the insurance contract you have agreed with them. But the owner of an asset which is damaged by their car is not party to those limitations.
Now, those principles are slightly adjusted in the UK because motor insurance has some regulations applied to it, but the fundamentals remain. If you are caused loss by someone through their negligence then you have a right to reinstatement as a matter of law. The fact that the process is commonly handled by insurance processes doesn't change that right, and this is especially the case where the party injured isn't another motorist with compulsory vehicle insurance.
So as for a classic car - if my 1924 Rolls Royce Silver Ghost is destroyed by you driving your Astra into it and writing both cars off, I won't be touching my insurance policy - I'll be expecting your insurance company to make me an offer equivalent to the amount I reasonably think I would be awarded in court, which would no doubt involve expert witness about the inherent value of my car. OTOH, if I crash my RRSG into your Astra, I will be limited by the value I've agreed with my insurers.
stick to your guns and you will get a good settlement
which is a very different proposition from what you started claiming and is not 'new for old' which was where we started.
I got new for old when my bike was stolen
an offer equivalent to the amount I reasonably think I would be awarded in court,
and do you really think a court is going to award the value of a brand new bike against, say, a 10 year old used one that's been written off in a collision?
Yes if a secondhand one in similar condition cannot be found. If the only way to put you back in the position you were in before the crash is a new bike then a new bike it is.
http://www.lampkins.co.uk/advice/helmet-and-clothing-claim-following-bike-accident/
In an accident claim you can recover losses from the person at fault, obviously usually paid for by their insurers. The law behind this is the law of negligence and in that area the law will look to put you back in the position you would have been in if the accident hadn’t occurred.Techincally therefore you would have your ruined clothing and helmet replaced with exactly the same items of the same value, quality and age but this just can’t happen for obvious reasons so this has to be converted into a sum of money. So what sum is appropriate?
Well let’s say the clothing cost £100 and was a few years old. Is it right that the loss is the full replacement value of £100 or should the award of damages reflect the fact that if bought off eBay at that age the true value would be around £30-50 for those items? Generally the court would assess damages at the true value as opposed to the new value thus making a deduction for “betterment”. The theory is that the award would be to allow you to replace the items with similar ones of the same age and value.
So that applies to clothing but what about a helmet? Well as expert bike accident lawyers we have argued this matter before Judges so often that we are now of the firm view that helmet claims should always be for the full amount. Our theory is that a second hand helmet is actually worth nothing because no one would buy such a vital and compulsory piece of equipment secondhand as it may have been dropped. So on the day of the accident the helmet was actually worth nothing so on a strict application of the law, an award of nothing should be made. This would clearly be unfair and adsurd so the actual accepted argument is that as the helmet will need to be replaced with a new item, then it is the cost of that comparable new item that will be awarded.
So in conclusion – always argue and get 100% for the value of any damaged helmet but be prepared to negotiate some deduction for betterment on other items
http://www.accidentclaimsadvice.org.uk/bicycle-accident-claims/
If your bike is damaged beyond repair or the cost of repair is higher than the value of the bike, then you can claim compensation that is equal to its value prior to the accident.
A cheque to pay into your bank account for the full value of your bike before your accident.
If you've done better than that well done.
I knew the game I was playing and made sure I presented my claim so as to ensure I got enough back to buy a new bike. I did this by underestimating the age of things, listing everything at the full current RRP and providing links to the distributor website (rather than receipts - who has receipts for things a few years old anyway?)
simons - thats ok IF A SUITABLE REPLACEMENT CAN BE FOUND. Usually however it is not possible to do so hence you get the price of a new bike.
You have to be put back in the same position you were before the accident. If you cannot get second-hand replacement then its a new bike for you and in most cases this is what happens.
Betterment happens all the time in car repairs - have a bash that needs a new wing - your rusty old wing will not be replaced with a rusty old one - it will be a new one
Betterment happens all the time in car repairs - have a bash that needs a new wing - your rusty old wing will not be replaced with a rusty old one - it will be a new one
And if part of your bike is damaged and can be repaired (ie the broken parts economically replaced). I've not said that won't happen. The argument is new for old on write off.
3 links there from cycle claims specialists TJ - all of which say you get the value of your bike before the accident not the price of a new bike but I"m sure you know better than them.
Interesting Simons, I can see the logic on both sides, would be good to know a definitive answer.
They maybe caved for me as the sum was small - though you'd think the same would apply to most bike-claims.
There are ways you can enhance a payout on a total loss of a car over the base 'Trade' Glass's figure, and this is where loss adjusters come in. How applicable this would be to a pedal cycle I'm not sure though.
Presenting a fat folder of repair invoices, service reports etc is a worthwhile thing if you can do it - anything to demonstrate and support your position that your vehicle was not in simple 'Trade' condition and was, in fact far better than year would suggest. This would be followed up by a visit from the insurance company's loss adjuster who will examine the remains to see if in his opinion your position is justified. I've had this happen with two write-offs when I was younger, one that was burnt out and one that had been heavily crashed into by a third party and was simply beyond economic. In both cases I was able to replace with an item of equivalent quality.
I think the problem with bikes is that they can be surprisingly expensive in the eyes of a non-cyclist and they are frequently not taken seriously as people associate them with children's toys.
If I'd had a very recent 7k road bike destroyed in a non-fault RTA then I'd be claiming for what I no longer had, and holding out - possibly ending up going the legal route although not with a third party claims management company. While there is no established s/h market for bikes, I could see the HMRC depreciation scale from the C2W guidance being used potentially, and it would be difficult to argue against it. A custom/self build would more or less have to be valued as frame plus pile of parts although some insurers might wish to offer what they considered an equivalent replacement from Wheelies - making use of their B2B discounts to save on an actual cash payout.
They maybe caved for me as the sum was small - though you'd think the same would apply to most bike-claims.
This is sort of key. If there's any business acumen applied to loss adjustment teams they must have a value on their own time and take that into account in how much they're prepared to spend going back and forth.
When I got run over by a bus (concussion, buckled front wheel, shorts, shirt, watch, helmet). I claimed for the replacement cost of those parts and a fairly arbitrary amount as compensation (maybe £500) for injuries. Total claim about £1k. I wrote a letter and said that was what I considered fair and it wasn't for discussion - if they didn't accept I'd pass the claim on to a solicitor whose costs would be added. They paid up in full - as soon as a solicitor was involved there would have been £100's in costs.
For 'no injury' claims the solicitors aren't really interested but that approach might still be worth a try.
The OP should definitely be claiming compensation for his injuries - http://www.cycle-sos.co.uk/claim-calculator/ suggests 1-2k for minor minor injuries (which might be why my bus claim was accepted without fuss).
This time I was really lucky - destroying a bike and doing nothing more than lightly spraining a thumb is pretty blessed. I couldn't honestly claim it stopped me doing anything at all.
Interesting Simons, I can see the logic on both sides, would be good to know a definitive answer.
I think it's fairly clear - in that last quote they're making a point that a cycle helmet is a (rare) exception that they've had to argue in court.
I agree with Simons, you should be wary of expecting to be put back into a position which is superior to that which you were in prior to an accident. Whether in practice this can be achieved in the context of a part-used bike (especially if it is one which is no longer sold or there is a limited second hand market for) is the difficult bit. In terms of legal entitlements, that's what you are legally entitled to UNLESS you have some form of insurance policy which guarantees you something different even if you're not at fault.
(e.g. some household policies have accidental damage cover or contents cover included which are explicitly for when you have done nothing wrong yourself and which explicitly have new for old replacement policies in them)
Once you start disputing any offer made to you, assuming you are not being completely bonkers about it, you may find that the insurers are reluctant to see their legal and staff costs rack up and therefore could just end up settling to avoid a protracted dispute. Though OTOH they may just toss it over to your court and say "final offer, see you court".
Oddly my bike was subject to a wear-and-tear valuation, but the kit that was destroyed (shoes, shorts, glasses) weren't and they paid as new-for-old.
(simons) and do you really think a court is going to award the value of a brand new bike against, say, a 10 year old used one that's been written off in a collision?(tj) Yes if a secondhand one in similar condition cannot be found. If the only way to put you back in the position you were in before the crash is a new bike then a new bike it is
No, the court won't. My claim went to court. The payout for the bike increased slightly (it had new £150 wheels on which the insurer ignored) but it wasn't new-for-old, it was with wear and tear as an 18 month old bike. And courts couldn't care less about whether you can find a 'direct' direct placement. As has been said repeatedly a new bike isn't putting you back in the same position it is a betterment.
Just idle musings really but has anyone tried to put the onus on the insurance company finding a replacement bike? IE get them to prove the your one year old £5000 carbon wonder bike is readily available s/h (locally?) for £2500?
If you have to travel to get this replacement bike, has anyone considered billing the insurance company for lost wages or travel expenses involved in doing their legwork?
IE get them to prove the your one year old £5000 carbon wonder bike is readily available s/h (locally?) for £2500?
they're not actually that unreasonable. In my case they paid out 80% of the total claim on the basis of a bike I'd said was c5 years old (extras were some newer replacement parts and clothing etc). The amount they offered matched what I'd listed as the new/replacement cost of the bike and they noted that a most of the other items could be bought for some discount to RRP online.
@markgraylish - you need to stop thinking about the other party's insurance company has having any responsibility to you at all. They don't. All they have to do is discharge their duty to the policy holder. They don't have to prove anything to you. Its up to you whether you accept an offer that they make.
They may be persuadable that the offer that they've made is unreasonable, but they aren't liable for the time and effort you put into rejecting their offer.
The more I read these threads the more I think I should get cover through one of the cycling organisations. Which one is best? CTC, British cycling? And do they offer insurance for your bikes? My house insurance doesn't really cover the value of the bikes in my house.
BigJohn, can't speak about CTC (Cycling UK as it is now) but I went through my BC cover (they use Leigh Day) for my accident. Mine had a personal injury element with 4 weeks off work which seems to be their threshold but I can only speak positively of them - they kept me informed and involved in the decision making and ultimately took it to court when the other insurer refused to budge from their low initial offer, and the final court-authorised payout was very close to L.Ds original claim (actually a fractionally higher) which suggests they've got plenty of experience and knowledge of valuations.
Pretty sure you can get (discounted?) bike insurance via them but mine are covered on my household insurance.
I'm not sure there's much of a discount on the insurance policies through CTC/LCC and standalone bike insurance tends to be very expensive - circa 10% of value each year in premium.
Getting better house insurance seems to be the best solution.
At law, it is the claimant's responsibility to figure out/evidence/prove the amount of the loss. So you'd need to find adverts/ebay/whatever to justify the claim. This can work for you if you look in the right places!
+1 for household insurance. New for Old, then sue for injury, hire, time off work, excess and uplifted household premium...
Well my insurance requirement is a bit complicated due to the fact that I have a [i]rather[/i] nice road bike on long term loan from a riding pal. He got a new Pinarello Dogma to match his new Lamborghini and I got to borrow the one that matched the Aventador he got rid of.
Generous as he is, I don't think he'd take it too kindly if I lost it.
If he's as wealthy as he sounds, I would imagine he'd be able to get your possession of the Aventador-matching bike covered on the policies he's got in place, in which case - no worries! I would, if I were you, ask him about it though. I wouldn't want to lose a friend who had a Lambo!
Neither do I! And he's got 2.