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#11
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Accident/Insurance advice
Originally posted by marcusl
I was involved in a bit of a bingle with a 4wd on Monday night. Glad you're not badly hurt. ...I slid side ways a bit.... Ended up rolling in midair and landing on my side/back in the middle of the road with my bike beside me..... the only injuries i recieved were some sore and slightly swollen knees with some skin off (i think from hitting the handle bars on the way over), a bruised hip ,...... After all that you may need to claim for damage to or replacement of your helmet, gloves, riding clothes, back pack etc. Your losses aren't limited to 'just' your bike. ...I was just wondering if anyone has any advice dealing with insurance companies on this. Put it all in writing! ...send a letter of demand to him personally with a quote for repairs/replacement. If the letter goes ignored to send another giving a time limit and advising that your going to commence legal proceedings...and if that expires then to commence legal proceedings. Do this when you have quote/s. Don't wait for the other party. My main concern is with the frame, whether there is more than just cosmetic damage (of which there is hardly any). Get a quote for a custom replacement frame! -- |
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#12
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Accident/Insurance advice
Graeme wrote:
You seem to be worried mainly about the bike (I'd probably be the same), but remember you have been injured and a course of physio or whatever should also be part of the deal. Get yourself to a doctor NOW so he can say you've done x, y & z to yourself. You can then claim for personal injury. Graeme You sound like my wife - which is a good thing as she's only concerned for me...so it's nice to have your concern.... She didn't want me to go to work the next day...after all i had the perfect excuse BUT it's just not in my nature... I'll probably open a new kettle of worms...but our society has become way too litigious anyway. Like these guys that get drunk, break into a bar, get injured and then sue. For F*&%'s sake take some responsibility for yourselves. There was no need for a doctor/ambulance - so it would seem dishonest to me. If anything I'm suffering more mental anguish from not being able to ride I'm just much happier if i'm riding. I get home from work on a high....but i think i'll get over it (when i get the bike back on the road!!) Obviously if I'd broken anything, had any major grazes, bruising I'd consider it....but like i said miracurously (for me and disappointingly so for others that I've told about it - they want to see blood and gore!)there is nothing like that..... anyway have spoken to several people and for those that are interested....here's what I've found out..... to get a copy of the police report will cost $38 from the Freedom Of Information Insurance Unit.... According to BNSW taking the bike to a reputable LBS for assessment should be enough...have spoken to Clarence St and Renegade's they seemed to know what they were talking about and have done it before.....I'll probably speak to a BS who also build frames in NSW and see what they've got to say....would appreciate their advice. Having said all this about letters of demand etc. I think I'd like to give the guy a chance to do the right thing before such heavy handedness....ask him if he's prepared to compensate me OR if he wants to use insurance etc and proceed that way. (rather than him suddenly receiving such a demand/threat) Thanks all for the advice and if you like i'll keep you posted on how things proceed marcus -- |
#13
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Accident/Insurance advice
Good to hear you are OK.
When I had a similar accident the driver of the ute also expressed that he hadn't seen me. I then explained that I would have been worried if he had seen me and still cut me off. The driver just paid for all damage. I hope you are as lucky. Cheers. marcusl wrote in message .. . I was involved in a bit of a bingle with a 4wd on Monday night. Basically the guy pulled out of a side street to turn right onto the street i was on, across in front of me just in time for me to plow into him just behind the drivers door. I saw him going but as it was a slight downhill i was getting along at about 40kph (i checked my computer AFTER and it said 47kph was my max so far for the ride and as this was the fastest section in the ride so far I'm assuming about 40) and just did not have time to stop. Slammed on the brakes and just remember thinking "F%@$ I am going to hit him!" Because he was slighty turned and I slid side ways a bit it, I hit at an angle and not directly into his side which i think saved me. After the intial impact i must have slid along the side of his vehicle (putting a nice new dent (with the bar ends i think) all the way along)and being spat out the back end. Ended up rolling in midair and landing on my side/back in the middle of the road with my bike beside me. Miracurously (sp?) the only injuries i recieved were some sore and slightly swollen knees with some skin off (i think from hitting the handle bars on the way over), a bruised hip , plus shoulder and lats that feel like I've just done a huge session at the gym. I consider myself VERY lucky!! The bike was not so lucky....suspension forks snapped at the crown/arch (?) and the front wheel bent back on itself, rim snapped and spokes that look like spaghetti, and the disc is buckled (thank god for crumple zones, right ?? ) Frame LOOKS straight, handle bars look fine and lights still work!! And what was the first thing the guy said (all together now) "Sorry mate - didn't see you" WTF??!! Didn't see me?!! I had twin halogen headlights, bright orange jumper - there are street lights all the way along??! Sentiments that were echoed by the cops when they arrived. They gave him a bit of a serve about it because he didn't seem to think it was his fault, he even asked the cop if it was because it was a cyclist that he getting so much grief and that just set the cop off again. I actually felt slightly sorry for the guy (only slightly) because i know that i've been in the car before and have just not seen another car/bus/bike on some occasion....but it was the feeling that he didn't think he was to blame that extinguished that my feeling sorry for him!! I sincerely hope he has learnt from this - I know i have!! I've never had an accident of any sort in 13 yrs of driving. I've had some close calls since i started commuting 3 days per week 2.5 years ago, but i don't think i truly realise what fine line it is we walk (drive/ride ) when we're on the road - in any form of transport. I just trusted other road users to do the right thing TOO much (looking back now any amount of trust in other road users is too much!!) My wife handled it fine until she came to pick me up and saw the condition of the bike and i must admit a shiver goes up the spine when i look at my poor bike. Anyway enough of the therapy session...I was just wondering if anyone has any advice dealing with insurance companies on this. I've contacted his insurance company and they've said that until he makes a claim they're unable to help me and only then if he's at fault (which i am pretty sure would be the result of the police report judging by what was said at the scene) The advice I've recieved from NRMA (who i am insured with for my car) and from his company is to get a quote (only one required) and either wait for him to make a claim OR to send a letter of demand to him personally with a quote for repairs/replacement. If the letter goes ignored to send another giving a time limit and advising that your going to commence legal proceedings...and if that expires then to commence legal proceedings. (i hope things don't get that far!!) As far as getting quotes i've contacted some bike shops on this and they're more than willing to do it, and that they'd get their mechanic (hopefully not some 18yo who knows how to adjust gears/brakes and that's all) to inspect it and give aquote. Some shops want a payment for this service which they'll take from the price if i end up getting the bike from them. Fair enough really (they have a business to run)but it means i don't want to have to lug the bike to too many places and incur any cost my self (which i really can't afford). My main concern is with the frame, whether there is more than just cosmetic damage (of which there is hardly any)...how do you go about checking that out? Will a shop mechanic be able to do it?? or would a frame builder be better?? Any advice/experience would be very much appreciated (what i've been receiving is skewed towards cars it seems) I haven't got a regular LBS, am not a member of a BUG and none of my mates ride....I lurk here on cyclingforums.com sometimes and would appreciate a 'cyclists' point of view! marcus PS. sorry for the long winded post PP What irks me the most is that i miss my bike and miss riding and it's only been a couple of days and that any 'replacment' won't be the same. This was THE one, it fit me like a glove and was MY bike. Crazy the attachements we get to inanimate objects!! -- |
#14
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Accident/Insurance advice
marcusl wrote in news:EFsEc.37360$Io3.7562
@fe05.usenetserver.com: You sound like my wife ....quick check.... Nope, I've got all the wrong bits to be anyone's wife :-) Graeme |
#15
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Accident/Insurance advice
Had an accident very similar to this riding along main road downhill about
40 km/h car drives staight into me from a side street. The lady was very apologetic about it all agreeing to pay. So about 2 weeks later I give her the bill then she starts crapping on the police said she didn't have to pay, I must have pulled out from the footpath otherwise she would have seen me. Tried ringing the ladys insurance and was told they wouldn't do anything unless she lodged a claim. So I decided to let it go and just pay the damages myself about $300. Around 3 weeks after getting my bike back the frame snapped. So I took it to a bike shop and got a quote for a replacement around $1000 then lodged a prelodgement notice which cost me $10 and can be done online (here in SA). About a week after putting the notice in her letterbox I had a call from her insurance telling me they were liable and agreeing at first to only pay for the repairs (becuase I rode it after the repairs they claimed the cracked frame wasn't caused by the accident). It didn't take much to get them to send an assessor around to look at the bike and he agreed to pay for a new bike as well as a helmet and a few other damaged accessories. I'm probably lucky she didn't agree to pay at first otherwise I would have ended up with only the obvious damage fixed instead of a whole new bike. So if the driver gives you the run around definately send a letter of demand/prelodgement notice. Don't worry to much about the insurance the other guy is clearly at fault. In my case the police didn't attend the scene and the lady probably bent the truth abit in her police report but the insurance company still paid out no problems. |
#16
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Accident/Insurance advice
On Wed, 30 Jun 2004 06:00:04 GMT, marcusl
wrote: Obviously if I'd broken anything, had any major grazes, bruising I'd consider it....but like i said miracurously (for me and disappointingly so for others that I've told about it - they want to see blood and gore!)there is nothing like that..... A couple of years ago I had a much more minor bingle than you - I avoided the car and fell off, no real impact with the car. Didn't seem to have any injuries except grazes. HOWEVER, I found out a week later (from an x-ray) that I had a broken scaphoid bone (in the wrist). Needed 6 weeks in plaster and 6 more in a brace. If this injury isn't picked up, the bone tends to die and cause arthritis etc... (engage nagging mother tone) So, definitely get yourself checked out properly!! |
#17
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Accident/Insurance advice
"Graeme" wrote in message 4.51... marcusl wrote in news:NOpEc.51016 : Miracurously (sp?) the only injuries i recieved were some sore and slightly swollen knees with some skin off (i think from hitting the handle bars on the way over), a bruised hip , plus shoulder and lats that feel like I've just done a huge session at the gym You seem to be worried mainly about the bike (I'd probably be the same), but remember you have been injured and a course of physio or whatever should also be part of the deal. Get yourself to a doctor NOW so he can say you've done x, y & z to yourself. You can then claim for personal injury. Graeme BINGO! also take pictures of your knees. i know i'm late on this. my appologies, but get the pictures asap! also pictures of the bike and the accident spot. (if ya made marks through the grass and tore up turf it can show how hard you hit.) 3 years ago i got hit from behind by a guy who was driving WAY too fast. he hit me going 70 mph (120-130 kmph) his PU drug me 140 feet, i flew another 50 feet and skid on my knees another 20 feet. got all that on film about two days later. you can see in the pictures where his tire blew, how far he traveled before hitting me, where he slammed into me, where the vehicule stopped at and where i landed and skid. we had used one of those really long tape measures and tooke pictures from one place to the next. makes for a very good case in court. also i had gotten pictures of all the damage to my body (quite embarrassing to have my poor mother take pictures of my bare tush and other bare body parts but had to be done.) had pictures taken of the bike along w/ all the gear that got smooshed. (bike went under the truck, i went through the truck.) and had gotten pictures of the other vehicule as he had signed it over to the police. it wasn't drivable after the accident seeing as i had moved the engine block through the dashboard via my tail end. (i really shouldn't be alive) anyway i degress here. pictures are one of the best things you can use in court. they don't lie. (well usually they don't lie... now a days however.... ) good luck and get pictures! cheers kat |
#18
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Accident/Insurance advice
marcusl wrote in message .. .
How do you find a qualified insurance assessor for bicycles? Might give BNSW a call they may know if there is one in Sydney.... Aah, you are in Sydney. I'd suggest giving Bike Addiction a call (9938 3511), especially if you're on the North Side. Hugh really knows his stuff wrt to broken bikes, having killed his fair share over the years. In my experience, BA are also honest and enthusiastic about bikes - I can't go there if I'm in a hurry, because I always end up chatting for a while. How do you get a pre-accident value assessment of your bike if it's not from a bike shop...hmm....don't have the receipts... A good bike shop will be able to make an assessment of replacement value for the equivalent, probably devalued for wear and tear. I'd also go to a doctor and get a full checkup, just to be sure. If there is anything wrong, you want to know *now*, so you can a) have a better chance of getting it fixed, and b) have a better chance of showing it's a result of the prang. Dave - who found a Crumpler sticker under his brake cable last night at the pub. -- Dave Hughes | "...and trogdor smote the kerrek. And all was laid to burnination." -- Strongbad |
#19
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Accident/Insurance advice
marcusl wrote:
*snip* Having said all this about letters of demand etc. I think I'd like to give the guy a chance to do the right thing before such heavy handedness....ask him if he's prepared to compensate me OR if he wants to use insurance etc and proceed that way. (rather than him suddenly receiving such a demand/threat) Once you have the quotes, sending a letter of demand isn't heavy handedness, it's a formality. All claims should be addressed to the driver, regardless of who owns/insures the vehicle, it is then up to him to pass the matter on to the insurance company. If you are in NSW there is a good page from the Attorney Generals Dept regarding debt recovery, and it has links to sample letters of demand. http://www.agd.nsw.gov.au/lc.nsf/pages/info_issueclaims Don't rush into a quick settlement until you have seen the doctors and results are finalised - it is very important to get a thorough medical checkup, and make sure you claim any costs involved. - Munk3y |
#20
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Accident/Insurance advice
Vixen2yall wrote:
3 years ago i got hit from behind by a guy who was driving WAY too fast. he hit me going 70 mph (120-130 kmph) his PU drug me 140 feet, i flew another 50 feet and skid on my knees another 20 feet. got all that on film about two days later. you can see in the pictures where his tire blew, how far he traveled before hitting me, where he slammed into me, where the vehicule stopped at and where i landed and skid. we had used one of those really long tape measures and tooke pictures from one place to the next. makes for a very good case in court. also i had gotten pictures of all the damage to my body (quite embarrassing to have my poor mother take pictures of my bare tush and other bare body parts but had to be done.) had pictures taken of the bike along w/ all the gear that got smooshed. (bike went under the truck, i went through the truck.) and had gotten pictures of the other vehicule as he had signed it over to the police. it wasn't drivable after the accident seeing as i had moved the engine block through the dashboard via my tail end. (i really shouldn't be alive) anyway i degress here. pictures are one of the best things you can use in court. they don't lie. (well usually they don't lie... now a days however.... ) good luck and get pictures! cheers kat Ouch-erama!!! sounds lik an episode of Jackass! -- |
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