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Discussion Starter · #1 ·
I was not on it at the time, but my frame is crushed. He has already called his insurance agent about it and they said they would take care of it. What are they going to do? I have a major race this weekend that I need that bike for. Should I just go buy another frame and contact the insurance company.
 

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Do you have an LBS that can hook you up till they cut a check?
Buying another frame may be best.
Insurance has always moved glacially from my experience.
 

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Discussion Starter · #3 ·
I called a bike shop in town and they will sell me a frame and have it set up by this weekend. The only problem is that it is a different brand of frame. I am hoping that the insurance company will say it will be 2K to replace the frame here is 2K and we will take the frame.
 

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mhemberg said:
I was not on it at the time, but my frame is crushed. He has already called his insurance agent about it and they said they would take care of it. What are they going to do? I have a major race this weekend that I need that bike for. Should I just go buy another frame and contact the insurance company.

Unless racing is your profession, it won't mean a whole lot to the insurance company. I suggest you contact them as quick as possible. If you explain your situation, maybe even suggest a claim amount, they might act quickly. However, they are not on the hook to move more quickly because of your race.
 

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Not to make it worse but coming from numerous dealings in this area as a shop employee I often saw the insurance companies try to offer not what your bike/frame cost you new, but instead what they felt it was worth as a used item. In other words if you get your 2002 Audi totaled in a wreck due to someone elses fault they won't pay for a 2008 Audi to replace it.
 

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mhemberg said:
I called a bike shop in town and they will sell me a frame and have it set up by this weekend. The only problem is that it is a different brand of frame. I am hoping that the insurance company will say it will be 2K to replace the frame here is 2K and we will take the frame.
They are probably going to give you the depreciated value of the bike -- not replacement cost. Be prepared to pay the difference out of pocket.
 

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djg21 said:
They are probably going to give you the depreciated value of the bike -- not replacement cost. Be prepared to pay the difference out of pocket.
If so I'd consider small claims court to settle the balance.
 

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I disagree...

teoteoteo said:
Not to make it worse but coming from numerous dealings in this area as a shop employee I often saw the insurance companies try to offer not what your bike/frame cost you new, but instead what they felt it was worth as a used item. In other words if you get your 2002 Audi totaled in a wreck due to someone elses fault they won't pay for a 2008 Audi to replace it.
In the experiences that I've had personally with cars hitting me, and totaling out my bike, I've received nothing but agreement from them, and quick action, and they gave me replacement cost on the bike. Mostly because the vintage of bike that I was riding was not available, and to get something that was the same to replace what I had, they coughed up pretty quickly.

For example. Back in October of 07, I got hit by a car while out riding. The driver's fault. I broke my shoulder, and had to have surgery, and my bike was toast. Anyway, about 1 week after it happened, the insurance adjuster came by, reviewed my bike (easy to do since it was busted into a few pieces), and they cut me a check for $3700 about 2 days later.

The thing with bikes is that if you total a 2002 Audi with "X" amount of miles on it, chances are good, you can replace that with one that is similar, or the same.

For bikes, chances are good that if you're riding say, a 2002 Giant TCR Carbon frame, there aren't going to be too many replacements hanging around that are that vintage.
 

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For non-total bike claims, make it very easy for the insurance company. Write a very good, tight demand letter. Attach a detailed repair estimate from a reputable shop. Never mention the bike's age.

"Specialized Tarbucket 3SUX Bicycle Repair Estimate

1. Replacement Frame $2750 including manufacturer's crash program discount
2. Replacement stock FastGO! (tm) wheelset $437
3. Replacement ButtSquish (tm) saddle $67
4. Labor to rebuild, 3.7 hours at $50 per . . ..."

You get the idea. To be really thorough, get the shop to copy the floor catalog pages showing "list" prices for these items and send that too. Can even add photographs showing the damage.

Then it's easy for the adjuster to show his manager that the claim was justified.
 

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magnolialover said:
In the experiences that I've had personally with cars hitting me, and totaling out my bike, I've received nothing but agreement from them, and quick action, and they gave me replacement cost on the bike. Mostly because the vintage of bike that I was riding was not available, and to get something that was the same to replace what I had, they coughed up pretty quickly.

For example. Back in October of 07, I got hit by a car while out riding. The driver's fault. I broke my shoulder, and had to have surgery, and my bike was toast. Anyway, about 1 week after it happened, the insurance adjuster came by, reviewed my bike (easy to do since it was busted into a few pieces), and they cut me a check for $3700 about 2 days later.

The thing with bikes is that if you total a 2002 Audi with "X" amount of miles on it, chances are good, you can replace that with one that is similar, or the same.

For bikes, chances are good that if you're riding say, a 2002 Giant TCR Carbon frame, there aren't going to be too many replacements hanging around that are that vintage.
This would more likely bethe case if soneone were injured, or potentially injured. In such cases, insurance adjusters attempt to settle fast for property damage to avoid exposure re: personal injury. HEre, with no personal injury, I'd question if the insurance co. would be so generous. If you end up in court, all you will get is depreciated value (and you'll be out legal expenses too). Thus, there is nodownside for the insurance company to offer nothing morethan depreciated value.

Re: going to claims court, if you are offered depreciated value, of course try to negotiatea better settlement, but don't waste your time with goingto court. You'll get nothing more.
 

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payment...

magnolialover said:
In the experiences that I've had personally with cars hitting me, and totaling out my bike, I've received nothing but agreement from them, and quick action, and they gave me replacement cost on the bike. Mostly because the vintage of bike that I was riding was not available, and to get something that was the same to replace what I had, they coughed up pretty quickly.

For example. Back in October of 07, I got hit by a car while out riding. The driver's fault. I broke my shoulder, and had to have surgery, and my bike was toast. Anyway, about 1 week after it happened, the insurance adjuster came by, reviewed my bike (easy to do since it was busted into a few pieces), and they cut me a check for $3700 about 2 days later.

The thing with bikes is that if you total a 2002 Audi with "X" amount of miles on it, chances are good, you can replace that with one that is similar, or the same.

For bikes, chances are good that if you're riding say, a 2002 Giant TCR Carbon frame, there aren't going to be too many replacements hanging around that are that vintage.
I hope you eventually got a lot more than the price of the bike and your medical expenses. I had the opposite experience. After a car made a right turn into me and the driver got a careless driving ticket, his insurance claimed I was equally at fault and refused to may anything. I had to get an attorney. I eventually got $6,000, which was nearly $5,000 more than my expenses, my medical insurance got what they wanted and the attorneys got about $5,000. Total bill, $12,500.
 

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In general, the duty of the person damaging your property is to "make you whole" -- that is, to get you back to where you were before your property was damaged. So yeah, if someone destroys your 2002 Audi, they've got to pay you what a 2002 Audi is worth, not a 2008.

If the frame they destroyed is available for $1500, they aren't obligated to pay you $2000 for a new one, but they are required to pay you the $1500 plus the labor costs to replace it. I believe it varies by state if you can demand cash or if they can provide the replacement item -- e.g. some insurance companies will search for an equivalent car to one their insured destroyed -- but they're unlikely to be set up to provide bicycle replacements anyway.

There's also the issue of loss of use; for cars that means that they might have to pay for a rental while your car is repaired. I don't know how that would work with bicycles. If you bought a new frame immediately you'd lose any chance for recovering damages for loss of use (because you wouldn't have suffered any).

Disclaimer: I'm not a lawyer and don't play one on TV.
 

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Took me six weeks to get my property damage claim paid. It might have taken less, but I made sure that every part with the slightest damage was documented, photographed, and put on an estimate by my shop. (including waterbottles, bar tape, and all clothing)

You say that your frame was crushed. Are all the components OK? What about the wheels and fork?

Document everything.

Don't you have a second (or third) bike?
 

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The suggestion about taking what you can from the insurance then going to small claims court for any balance is not correct.

Accepting payment from an insurance company will more than likely include a release from any future claims against the company or the car owner.
 
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