Hit by car: Trapped by bureaucrats, HELP!

Can you take the bike to a LBS and have them write up an estimate of what the bike is worth and that it is not repairable?  That's probably the best bet for bike replacement based on what other people have done in the crash situations.

That sounds really crappy.  I hope something gets worked out for you. 

A mail box is 20, 30 bucks, not 5K.  Not a good comparision.  I'm not sure if you are entitled to actual cash value(what the INS co is offering) or replacement costs. 

What are they offering btw? Have you spoke with your ins agent for options and/or opinions? 

Lastly, refusing medical at the time of the accident wouldn't proclude you from a medical claim. 

Is USAA her company or yours?

I was hit by a car in June and totaled my bike.  The car that hit me was responsible for the property damage and they paid in full.  I had to give them the wrecked bike but it was totaled anyway.  My insurance is USAA and under my 'uninsured motorist' coverage, they paid all my medical bills.  They will eventually be reimbursed by her insurance company when I settle with them.

I would tell them you don't need medical payments but if you don't get compensated for the bike, you will hire an attorney to seek pain and suffering....becuase you're starting to have nightmares....

~Mike

First, it is a lousy situation.  You did nothing wrong, yet you're the one with the road rash and the busted bike.

Now, take a few deep breaths and prepare for this to take a while.  This is a negotiation, and you have just received the insurance company's first offer.  Now you need to let them know the first offer is rejected, make a counter-offer, do what you need to do to back up your counter-offer with facts, receipts and estimates, and make it clear that you will take additional steps if you don't get a fair settlement.

In general, the insurance company is probably right on one point.  They are probably only liable for the value of the property that was damaged (that is, the depreciated value), not the cost to replace the damaged property.  The laws differ somewhat from state to state, so I could be wrong about how this works in CT.

In dealing with insurance companies, it pays to be a major pain the azz.  They will improve their first offer when they understand you aren't going away and that you understand your rights. 

I would keep fighting it on my own for a while.  If you aren't satisfied, talk to other attorneys.  Some charge by the hour.  Others will work for a percentage of whatever they recover.

I've been through this exact situation. Almost 2 years ago I was taken down in much the same way. I didn't ask for an ambulance, mostly as I was in adrenaline shock but did go to the Doctor that day. I missed 4 days of work, 6 weeks off the bike and then the lag in my training.

We hit the insurance company for lost work, replacement cost for everything, including my Kit. The accident was in NJ which has laws to minimize frivolous litigation. Its called the Diemer act and the insurance company sited this to negate any medical. It says that in order to be paid for medical or loss of work because of injuries you must meet one of six criteria. Something like:

Death, Loss of limb, Death of an immediate family member, excessive scarring etc...

Despite my scars, which I still have they claimed they were not enough. I got the estimate for my bike, also a Carbon fiber and clothing from my sponsor shop. When the agent received the quote he was astounded. People have no concept of bike prices. In NJ you can get replacement value, no depreciation issue.

The agent actually came to the house to take photos and see the clothing and bike. I was trying to be as nice and honest as I could. I didn't add in the wheels which were fine. But as they tried to stonewall me I dropped nice and played hardball. I called constantly and even went to a VP flipping on him.

I got nowhere on the medical or work loss as the NJ laws disallowed that... nice thanks.

But I got toatal replacement costs for all my equipment.

Find out what you are entitled to by Ct law first. Then you know what you can fight for. Then be persistent and press them often. Escalate to a higher authority. Let them know you will continue to make noise. Do not accept an offer till you are sure they are done...

Good luck!

Eric J

Find a reasonable attorney. They usually ask for a 1/3 of what you get out of a settlement and with a attorney it should be more than what you can get by yourself. I actually knew of an attorney when I had my bike wreck so I looked him up.

 They shouldn't depreciate the value of the bike, it was that lady's fault. If it was yours then that's different. You deserve a  new bike. That lady could have killed you with her ignorant attitude "I thought could beat you."

Also do not sign off their insurance company. Let the attorney do everything for you.

 Best Wishes!

If you can prove a depreciated value on it, do it.  If not, the insurance will look at the new price and how old it is, then slap a percentage on it to depreciate.  Maybe 20%....which will cost you about $1000.  But like Bear said, you'll never get what you paid for it.  To get the rest, file the medical ( "pain and suffering" ) claim too.

Bad situation, hope everything works out for you.

 ETA:  $400/hr seems like a lot for a lawyer too.  Mine is $220 an hour and has never let me down.  But I live in South Carolina, so perhaps $400 is reasonable "up there".

so what exactly is damaged on the bike and what did they offer?

Frame, front and rear wheels(what type were they btw), pedal, STIs.  Anything else?

If the RD, FD, cassette, chain, cranks, handle bars, brakes, seat posts, fork, etc have not been damaged, why replace it?

I guess I'm having a hard time trying to come up with 5.6K as well. 

Good luck to ya, I think it sucks and I'm glad I'm not in your position.

Bummer you were hit. I'm glad you are mostly okay..that is what is really important.

Take some pictures of your injuries now to document it.

I haven't been in your situation, but in other situations where I settled with other person's insurance company. Longer it takes more likely you will get more.

I wouldn't get an attorney unless you were totally getting no where with the insurance company. It doesn't hurt to contact your insurance company as often they can act as a middle man between the two of you. We have an attorney on our tri team who tells us to have our homeowner policy written in such a way that we can claim bike accidents through it. The meeting he spoke at was a snow storm but I'm very interested in what he has to say. 

And that would be insurance fraud.

My suggestion:

It is your responsibility to present and support your claim for damages. Put together an airtight package of information.

Go to a couple of different bike shops. Tell them what you had. Get quotes to replace what you had. I'm assuming these quotes will all be in the same ballpark. Obtain a written opinion from the bike shop regarding the depreciation of bicycles. They probably DO depreciate a bit. Not as much as a car, but I wouldn't pay as much for a used bike as I would for a new one. I don't think there is a correlation to auto depreciation, but I'm willing to bet there is some depreciation on a bicycle. The Insurance Company owes you to replace what you HAD. Not get you a brand new bike. For example, if you had a 2003 Trek, replacing it with a 2008 Trek would essentially put you in a better position than you were before the accident. They owe you for a comparable 2003 Trek.

Of course, it's difficult to find a 2003 Trek hanging around. So, if they replace your bike with a 2008, a certain amount of "betterment" might be charged. It's reasonable.

Anyway, if you were injured in the accident, there's nothing wrong with getting yourself some treatment. Your injuries are what they are. If you have a scrape, you have a scrape, not a life threatening flesh wound requiring months of treatment and warranting thousands in pain and suffering. If you fractured your leg and lost several teeth, then obviously, that's worth more, and is going to require more treatment, more downtime, and therefore, more "pain and suffering" compensation.

Additionally, the Insurance Company should pay to replace your helmet, and anything else that was damaged in the accident. Gloves, shorts, etc etc. Keep receipts to prove what stuff costs.

If worse comes to worse, you might have coverage under your own insurance policy (probably homeowners, notsomuch the auto) for the damage to your bicycle. It will be subject to whatever your deductible is, and also subject to whatever your pre-determined limit is on sports equipment, etc etc. Unless you have a special endorsement.

Good Luck.

Uh...that was a JOKE. 

What I found out is my auto insurance company would totally cover all medical - regardless of her insurance status.  But they would not pay for my bike.  But her insurance paid exactly what  I submitted.  I had receipts for everything.  I told the adjuster that I was not looking for a lottery ticket and that I really just wanted my bike replaced.  I even had the insurance adjuster arguing with her boss when her boss mentioned depreciation.  She said "What depreciation?  The bike was only a month old!"

~Mike