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Old August 30th 04, 11:02 PM
Ted John Kerry Kennedy
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Get a new bicycle, go riding , run your stop signs and red lights and get
smacked for good next time.

"John Smith" wrote in message
m...

"SuperSlinky" wrote in message
t...

All was good, until this morning commuting to work I was t-boned by a
car running a red light. Fortunately, the young female driver was able
to slow down enough to avoid running me over completely. I was thrown to
the ground and so far I have only noticed a sore left elbow and very
slightly sore right knee. The bike didn't fare quite as well. She nailed
the fork and front wheel, possibly the frame and crank on the left side
as well. I fell over on the right side, and the visible damage amounts
to gouges on the pedals, rear derailleur, and saddle, and a bent front
rim.


Did she admit it? Did you file a police report? Do you own a car also
(and thus have your own insurance).


The question is, what should I demand of the insurance company?


I would, at a minimum, insist on a new bicycle. You can make a cogent
claim as to why it is "totalled".


isibly
the bike looks almost as good as new, but they weren't made to be
broadsided by cars. The headset situation I find unacceptable and I
suspect a cracked fork or bent head tube. It was a brand new bike, but
now I don't completely trust its safety and certainly not its longevity.
The drivetrain doesn't make me happy either. I'm sure I would have
eventually bent the derailleur and got the various nicks on my own, but
in this case somebody else is liable. Should I demand a total loss and
replacement, or will I be f'ed over by the insurance company and be
stuck with a damaged bike?



Of course you do not have to take what they are offering and can sue. You
can also check out those injuries (in fact you SHOULD check out those
injuries) to make sure that it doesn't present future risks (such as
enhanced risk of arthritis at an earlier age) and, if I were you, I would
ask for a lot more than just the new biccyle. (Did any of the clothing

get
taken out? If she admitted fault and/or you have a favorable police
report, they will have little to stand on... And frankly, if it is less
than 5 grand or so, the insurance company is more inclined to pay (if they
think you will fight) rather then litigate. They'll raise the rates of

the
hitter and will soon come out fine.




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