Getting their insurance to pay for smashed bike!

[Bob Loblaw]

So my wife was riding home from work on Friday when a driver, turning left into her driveway, hit her almost head on. Speeds were low and she has no broken bones, and other than some bruises and a wrenched shoulder is fine.

The trauma center will be going after her insurance to cover the ambulance ride and emergency care, but what do I do about her bike?

We have no desire to be punitive about it and I am quite capable of doing all the work myself (except aligning the frame), but I do not think it's unreasonable to expect the driver or her insurance co to pay the cost for replacement parts. My question is, how do I go about it?

TIA

BL

PS:

At first glance it looks like handlebars, front wheel (though I can probably salvage it), and the fork is an old carbon fork (the bike is a stock 2001 Lemond Buenos Ares with 27 speed 105) which I am not sure is damaged or not. The frame is not bent but is misaligned. Shiftgear, brakes, seat etc appear to be fine.

BL

[Ken Robb]

Contact her insurance company and give them a written estimate of the cost of repair and parts from a local shop. Be absolutely sure your wife has not been injured before you accept $$ to settle the entire claim. Insurance companies are used to dealing with professional repair shops and written estimates. Once you get the $$ you can probably do some or all the work yourself if you don't really want the pros to do all the work. There is probably a police report filed by the ambulance service so attach that to your claim.

[eltonbalch]

Many years ago, my first real job out of college was insurance claims adjuster. Based only on the limited information you've provided, I would suggest the following:

1. I certainly hope your wife is fine, but the real effects of a traumatic accident (even a mild one) might not show up right away. Don't agree to ANYTHING until you are absolutely positive your wife is completely uninjured.

2. IMHO the bike is a very minor concern but you should submit a claim for reasonable repairs.

3. I'll assume the police were called to the scene and that there is a police accident report. Get a copy and make sure it clearly states events as you believe they occurred. This is for your safety. The other driver could come back at a future date and claim your wife was in the wrong. This may sound like overkill but trust me when I tell you it is a wise thing to do.

My almost two years in claims were eye opening; most people are reasonable but more than a few were not. a little caution goes a long way here.

[Bob Loblaw]

Thanks for the suggestions so far, but to whom would I submit the claim? Just mail it to her insurance co, or give it to the driver and trust her to take care of it?

BL

[RPS]

The frame is not bent but is misaligned.

What material is the frame?

If misalignment came as result of collision, how can you be certain it can be realigned? I'm not sure how everyone differentiates between "bent" and "misaligned" considering it requires material to yield; otherwise it would have sprung back to original shape/alignment. That's not to say it can't be realigned but I'd have it checked professionally before accepting a final offer.

Regarding dealing with insurance company, my recent experience with an auto accident suggests to me that having a police report that states the driver was at fault is crucial. Without that I wouldn’t expect them to do much. If driver was clearly at fault, you should be able to get the insurance company to pay for all damages repaired at a bike shop. I’d contact their insurance company directly, but as others have stated, only after you know for certain your wife is going to be OK long-term.

Glad to hear she wasn't hurt badly.

[eddief]

the driver's insurance company will fawn all over you to make sure her medical bills are paid for now and into the future if she needs more treatment. you need to know they would probably buy her a new bike in a flash if you and or bike shop suggest her bike is no longer safe to ride.

the driver could just as easily have vegetized or killed your wife. in those cases the insurance company would have paid thousands or millions. not saying to go overboard, just put it all in perspective and do what makes sense in big scheme of things.

while some here speak to making nice nice cause it is the right thing to do, or if you ruffle too many feathers it will cause all of our rates to go up, i don't think it makes too much difference as my fav progressive seems to be doing just fine:

...Progressive Corp. (PGR), the fourth- largest U.S. auto insurer, said profit increased 23 percent on investment gains and rising policy sales to individuals through the Internet.

First-quarter net income climbed to $362.9 million, or 55 cents a share, from $295.6 million, or 44 cents, a year earlier, the Mayfield Village, Ohio-based company said today in a statement. Operating profit, which excludes some investment results, was 45 cents a share, based on a 35 percent tax rate, beating by 2 cents the average estimate of 19 analysts surveyed by Bloomberg.

[eltonbalch]

Thanks for the suggestions so far, but to whom would I submit the claim? Just mail it to her insurance co, or give it to the driver and trust her to take care of it?

BL
Your wife is the claimant. If she is sure she is uninjured and she is willing to settle for reasonable repairs based on an estimate from an established bike shop she should submit a claim directly to the insurance company. If I was the adjuster I'd be REALLY happy to get off with repairs to a used bicycle as long as your wife signs a release. Please wait a few days to be sure your wife is uninjured.

[Bob Loblaw]

What material is the frame?

It's steel frame, carbon fork.

If misalignment came as result of collision, how can you be certain it can be realigned? I'm not sure how everyone differentiates between "bent" and "misaligned" considering it requires material to yield; otherwise it would have sprung back to original shape/alignment. That's not to say it can't be realigned but I'd have it checked professionally before accepting a final offer.

The rear wheel no longer sits quite centered between the chain stays. it's a matter of a centimeter or so, and I'd certainly describe the frame as misaligned rather than bent. I've seen frames brought back into line from far worse than this. There are no crimped tubes or acute bends. Much as I'd like to get her a new frame out of this, I don't see it.

Regarding dealing with insurance company, my recent experience with an auto accident suggests to me that having a police report that states the driver was at fault is crucial. Without that I wouldn’t expect them to do much. If driver was clearly at fault, you should be able to get the insurance company to pay for all damages repaired at a bike shop. I’d contact their insurance company directly, but as others have stated, only after you know for certain your wife is going to be OK long-term.

Glad to hear she wasn't hurt badly.

Good advice, and many thanks to all who've shared their thoughts, well-wishes and experiences here.

In addition to the damage to her bike, we'll also be asking for a new helmet and a new pair of shorts, and we'll definitely wait a few days till she's truly on the mend to make sure there's no lasting damage before we sign anything that remotely limits liability.

The driver was cited at the scene for "Failure to Yield." Seems like that answers the liability question, but we'll see.

BL

[djg21]

So my wife was riding home from work on Friday when a driver, turning left into her driveway, hit her almost head on. Speeds were low and she has no broken bones, and other than some bruises and a wrenched shoulder is fine.

The trauma center will be going after her insurance to cover the ambulance ride and emergency care, but what do I do about her bike?

We have no desire to be punitive about it and I am quite capable of doing all the work myself (except aligning the frame), but I do not think it's unreasonable to expect the driver or her insurance co to pay the cost for replacement parts. My question is, how do I go about it?

TIA

BL

PS:

At first glance it looks like handlebars, front wheel (though I can probably salvage it), and the fork is an old carbon fork (the bike is a stock 2001 Lemond Buenos Ares with 27 speed 105) which I am not sure is damaged or not. The frame is not bent but is misaligned. Shiftgear, brakes, seat etc
appear to be fine.

BL


Insurance adjusters generally do not know bikes from parts. If you have the receipt for the bike, let the insurance company pay for the whole thing. If you don't have a receipt, get an LBS to provide an estimate on replacement value. You will not be acting punitively by having the bike replaced.

[Ken Robb]

I would get an estimate for a comparable new bike and I think the insurance company will consider that fair. Nobody wants to wonder if a bike hit this hard will ever be really safe again.

[Dave B]

In grad school I got hit by a blue hair in an intersection and dragged for about 100 feet before my bike fell off of her bumper. She never stopped and probably had no idea she hit me.

Cops were called and my bike was shredded...and my arse.

I got the info from my bike shop what would cost to replace the bike and called my insurance with the report and price quote.

Covered under my renter's insurance. I didn't go for clothing or helmet stuff and while I agree those should be taken care of, you might look at everything and see if some are more important then others.

Just a thought.

[RPS]

The rear wheel no longer sits quite centered between the chain stays. it's a matter of a centimeter or so, and I'd certainly describe the frame as misaligned rather than bent. I've seen frames brought back into line from far worse than this. There are no crimped tubes or acute bends. Much as I'd like to get her a new frame out of this, I don't see it.

Bob, I guess whether the word “bent” should be used for anything that doesn’t involved “crimping” is a matter of semantics , but in my opinion a centimeter is a lot of misalignment at the rear considering you didn’t list the rear wheel as damaged. In a head-on collision how does the rear end become misaligned without visible signs of impact unless forces were transferred through the rear wheel, which would almost certainly damage the wheel in the process? I suspect there is greater damage than you see, which could perhaps include damage to the main triangle. I rode a bike for a couple of years after a minor head-on crash into a curb not realizing the downtube had bent slightly. I recommend you check the underside of the downtube just behind the headtube very carefully. Head-on collisions often cause damage there. When damage is minor it’s often easier to “feel” the damage than to see it.

IMO asking for a new bike isn’t unreasonable but I think most insurance normally replace items at their actual present value, not what they cost initially or what they cost to replace. Example would be a used car that is totaled. I got just over $6,000 for my CR-V, not what it cost me initially or what a new one costs as replacement. However, in your instance where your wife was injured the insurance company may gladly throw in a new bike if it means fast tracking a release. In our accident the at-fault driver’s insurance company called us eager to settle quickly for all damages. We didn’t let that rush us though.

[Dekonick]

Insurance adjusters generally do not know bikes from parts. If you have the receipt for the bike, let the insurance company pay for the whole thing. If you don't have a receipt, get an LBS to provide an estimate on replacement value. You will not be acting punitively by having the bike replaced.

+1

It the grand scheme, it is peanuts for the insurance company. I believe the usual payout is in the order of 3-5x medical expenses, + actual material damages. An attorney normally leeches 1/3 of that for their time and expertise, but a friend who works for an insurance company told me they usually pay the same regardless of who represents you... if you know the 3-5x rule. What they want is a release from future medical liability. If you don't want to soak the insurance co, then ask for 3x medical, a replacement bike and call it a day. Put the money in an account and let it sit. If years later your wife has no issues, then donate the $$ to the Phinney foundation or something like that.

In other words, don't be too nice because if something crops up later, they won't be nice to you.

You certainly will not know that your wife was not harmed until you let some time tick away... things like to rear their ugly head when you least expect it.

[eddief]

and then both you and they ought take time to make sure she does not need more medical. if you wait a few months to make sure all is ok medically, then they will start to bug you a lot as they want to clear this penny ante stuff off their books. that's when 3x to 5x comes into play. and you don't need a lawyer if you are able and interested to do a quiet calm negotiation on your own. they will try to pay you the least, but in the end 3 to 5 usually is the deal.

[thwart]

All good and useful stuff to read through...

Coming from the health care perspective, don't settle for at least 3 months. Rotator cuff injuries, persistent soft tissue symptoms (for example, muscle tightness and pain that persists beyond the usual time) and several other possibilities can take weeks or months to become evident.

The insurance company will understand. You're in the driver's seat if their policy-holder was cited in the accident.

[Charles M]

she had an accident.

Call your insirace company and give them the claim.

They'll persue the driver.



Was the driver sighted? You called the police to report the traffic accident right?

[Bob Loblaw]

she had an accident.

Call your insirace company and give them the claim.

They'll persue the driver.



Was the driver sighted? You called the police to report the traffic accident right?

Yes. There were police on scene and the driver was cited for "failure to yield."

I've had a few riding friends give me the name of an attorney local to the area who is quite good. I'm going to email him.

BL

[97CSI]

Why pay an attorney for what you are all ready paying your insurance company to cover? If you get $500 you'll fork over $150 or more to the attorney for the letter. Let your insurance company do their job. You've all ready paid for the service.

[2LeftCleats]

Unless there are medical issues, it's unlikely an attorney can be found for the relatively small money involved in bike repair/replacement.

After a couple of incidents, I've found that insurers tend to deal with medical and property loss separately. So, if there are injuries and you recover 3-5X medical costs, it may make your equipment loss whole. But they also look at depreciation of bikes like they do cars, and if that's the only thing you're claiming, you may be disappointed. You'd think insurers would be happy to have gotten off with minimal medical expense,the signing off of future liability, and the cost of a replacement bike, but my experience has been that they play hardball on the bike. But maybe it's just the particular insurers I've dealt with.