Hit by car: Trapped by bureaucrats, HELP! (Page 2)

You have yet to tell us what they offered, or on what they say they base that offer. As someone said earlier, this may shape up as a negotiation, they offer X, you counter with Y, and settle for Z somewhere in the middle. On which end of the spectrum it settles may depend on how well either side substantiates the value.

Big difference between a month-old bike and the four-year-old frame the OP had destroyed.

What she said  

I work for an insurance agency and spoke with someone in our personal lines department about your situation.  The woman's auto insurance company knows she was at fault and they are going to try to get you to go away and pay as little as possible.   They technically do not owe you a new bike because insurance is there to compensate you for what you had before the accident occurred, not to make you better off than before.  

Don't leave it up to the insurance company to determine what the bike is worth.  You have to do your research and prove to them what the frame, components, etc are worth.  Do you have receipts?  Go to a few bike shops and ask them for estimates.  The insurance company doesn't want you to hire an attorney and they want to make sure you're happy and taken care of.  They're actually getting off easy since it could have been much worse if you were seriously injured.

See what their offer is and take it from there.  Most people have no idea how much bikes can cost.  That person you're talking to is probably a lower level claims adjuster.  If you're not happy with their offer, ask to speak with someone above them and keep at it.    Before I got into this sport, there is no way I would have ever thought a bike could cost that much   Don't knock the insurance company (yet) until you have an offer.

Come back when they give you an offer. 

As far as: "Fix my crap which you broke" stuff.  It doesn't sound like that is what you want.  It seems to me that you are looking at this as "cool, I want a brand new bike and upgrade this from a 9 speed to a 10 speed while you are at it please" 

Again, 5.6K for a settlement as you described seems like a lot.   If they give you the 5.6K then great for you.  But I would suspect they don't and I don't think its unreasable that they don't give that to you. 

You asked for an opinion, I gave you mine.  Good luck to ya and I hope this gets settled quickly and fairly for ya.  Let us know how it ends.

And this is why insurance costs so much in America. We btich about it, but continue to hire unethical lawyers to represent us in inflated claims in order to make a buck.

Thank you for trying to be part of the solution, and not part of the problem.

I don't have a dog in this fight either, then again, I didn't think it was a fight. 

He wants what the value of a NEW bike is, not what the value of HIS bike is.  That is the difference....

Go wreck a 2005 Honda and see if you will be able to buy a 2008 Honda with the check the ins company cuts you.  You are going to be a few hundred...err...thousand short. 

All that being said, he very well maybe entitled to replacement value for the bike under CT law.  I have no idea.  I hope he does and that this gets resolved quickly. 

Who is to blame more, the lawyers or the clients that use them in an unethical way? 

I agree, hats off to Pitt for not wanting to this.

If companies just treated people fairly, lawyers would be involved so much. Instead they give people such a hard time and push them until they get a lawyer.

If I were the insurance company here, I'd pay quick if you'd sign quick. If you are in a face to face meeting you could gently say something like, "Look at me, we both know I can make a case for pain and suffering. Surely it's cheaper and easier for both of us to run down to the bike shop and get this year's model, or last year's if they have it."

Get a estimate from several shops on the actual parts for the bike including frame and your clothing. List each item seperately and have the shop provide the build up cost. I am sure the individual parts will more then cover the price you expect after they depreciate it.

Also, they must replace the bike with "like kind or quality" as available. So a current model with similar equipment would be in order unless they can fond the exact one you had damaged.

Interesting question. I believe they are both to blame... possibly with the attorneys being MORE to blame, as they are guiding the (largely) hapless public.

Most of the general population does not have any idea how to present or substantiate a claim for injuries or property damage to an insurance company, and they look for guidance in how to do so.

Other people think an unfortunate accident is a meal ticket, and they find a like-minded attorney.

Sorry for the slight hijack. Carry on.  

You've got a great summary of the damaged/potentially damaged parts.  Confirm the damage with your LBS along with estimates to replace these items with local retailers.  If you had a 200X Look 555 frame, the adjuster probably doesn't realize what that means (or how expensive it is to replace).  No big deal, they can either spend their time scouring the world for a replacement 200X Look 555 frame, or pony up some additional $$ for you to replace it yourself.  (Be sure to include the cost of a professional inspection/build as part of the reparations. )  It may not be enough to buy a 2008 Look 555 frame, but it might be pretty close. 

In the grand scheme of things, they'll be much better off settling with you quickly for a reasonable amount than dragging it out and nitpicking every detail (not that they won't try, but pushing the work back on them will discourage this tactic).  If they want to pay based on mail-order parts, have them order the parts delivered to your LBS for installation.  If they want to search Ebay for a replacement frame, make sure they know it must be inspected and cleared by the LBS mechanic before you'll accept it. 

Lots of good advice here.  I would recommend going to your insurance company also and at least letting them know the situation.  If you can't recover the damages through her insurance they will be on the hook, so it's in their best interest to facilitate your getting paid by her insurance company.

pitt83 - 2008-08-07 8:33 PM

McFuzz - 2008-08-07 6:45 PM

You've got a great summary of the damaged/potentially damaged parts.  Confirm the damage with your LBS along with estimates to replace these items with local retailers.  If you had a 200X Look 555 frame, the adjuster probably doesn't realize what that means (or how expensive it is to replace).  No big deal, they can either spend their time scouring the world for a replacement 200X Look 555 frame, or pony up some additional $$ for you to replace it yourself.  (Be sure to include the cost of a professional inspection/build as part of the reparations. )  It may not be enough to buy a 2008 Look 555 frame, but it might be pretty close. 

In the grand scheme of things, they'll be much better off settling with you quickly for a reasonable amount than dragging it out and nitpicking every detail (not that they won't try, but pushing the work back on them will discourage this tactic).  If they want to pay based on mail-order parts, have them order the parts delivered to your LBS for installation.  If they want to search Ebay for a replacement frame, make sure they know it must be inspected and cleared by the LBS mechanic before you'll accept it. 

You're making sense by suggesting to put the onus on them. A few have suggested the LBS as a source for evaluation; I understand that. But why would the LBS pay an employee of theirs for an hour or more to look up each washer, bolt, screw and component I'm inquiring about? For the off handed chance I'd go back and buy the replacement bike from them? My estimate is a real cost to that shop. As it is, my local LOOK dealer could and likely would do this, but my next bike might be Pinarello and he's not a dealer. He'd put in that time and get nothing for it. I hadn't accounted for the cost of estimates and labor. The labor would be mine since I enjoy wrenching, but still, my time isn't free. As for the 2005 frame being available; it isn't currently or a closed auction on eBay. So if that's our source of info for what the depreciation is typical at this age, the data doesn't exist there. I'll keep you all posted as things play out. It'll take months I'm guessing. So much for the late road racing season

That makes sense, sure, but in Illinois, at least, it's YOUR job as a claimant to present YOUR claim to the insurance company. The insurance company will evaluate the merits of what YOU present. SPECIFICALLY in a third party scenario. And you are a third party to her insurance contract. 

Garbage in, garbage out. If you present a load of unorganized, rag tag, unsubstantiated stuff and leave it up to them, you will get what they think looks good.

Put together an air-tight demand package, cross reference your quotes, know what you're talking about, and you will do better. In Illinois, at least. I know you're in CT... and insurance laws vary WILDLY by state. 

Been in the industry almost 16 years now. Handling the very types of scenarios you describe.