FFS - Insurance Claim!

[MTBMummy]

Posting here primarily for traffic, but we (actually DP) are having an absolute nightmare with a certain insurance company, and I wondered if we were BU in our expectations, or if the Insurance Company was trying to pull a fast one.

2 weeks ago DP was cycling to work and was hit by a car, driver admitted completely his fault, DP surprisingly OK, but his bike is completely written off.

Insurance company was contacted and DP submitted prices to replace bike, pictures etc. They came back earlier this week and offered a third of what it would cost to replace the bike. after a fairly terse but polite phone call, they have upped their offer to 60% of what it would cost to replace his bike. Their reasoning is that the bike is 4 years old and if they paid out for a new bike DP would actually be better of (cycling technology moves on over 4 years) and that equivalent bikes can be found on eBay for the 60% mark. Now those eBay bikes could be in any state (and could actually be write offs too) they're the wrong size, and the only one that is the right size is in Colchester on a buyer collects only, and we're in Berkshire. SO basically we're forced to purchase a new bike but it would a significant down grade from the bike that DP had.

Our reasoning is that we didn't ask for DP to be hit by a car, nor for the bike to be a write off, so why should we be worse off as a result of someone else fault? The quote DP submitted is actually for a bike that is a slightly lesser spec anyway as DP is a bike nut and made several upgrades to the bike, so this 60% offer seems like a complete piss take.

Has anyone had any experience of dealing with this sort of claim? Do we have a leg to stand on?

You should claim from your insurance company giving the details of the car owners insurance and your insurers would then claim from the car insurers. You wouldn't lose your no claims bonus because the driver is at fault. Your DH should also claim for his ticked back, ant bruises, shock to nerves etc damage to clothing and any time off work
Your insurers do all the work on your behalf
Good luck

who says its a fraudulentclaim? cyclists with written off bikes tend to have injuries, they just dont realise straight away or think it is worth claiming over. it is.

The number of people that have failed to read this thread and just read into it amazes me.

Along with the PA responses of "you should check your policy wording"

If he was injured don't you think op might have mentioned it? If he's told them he's not injured then makes a personal injury claim them they would probably be investigating him for fraud.

The insurance company have no obligation to find you a 4 year old bike and deliver it to you. Their obligation is to put you into the same financial position you were in before the incident. So that includes paying you the value of a 4 year old bike which is what they've proposed to do.

Like i said your only real option is proving through producing receipts or quotes from bike experts, that the insurer undervalued the bike.

By the way its possible for a cyclist not to be injured following a collision with a car too.

Wow that escalated.

DP was obviously very shaken up and has lost a decent chunk of skin off his elbow, and was stiff for a few days, and has a cracking bruise up his arm where he impacted the road, his clothing is damaged, and he "only" lost one day of work so we're not going to peruse a personal injury claim as we don't feel it's the right thing to do. We were very lucky in the DP was hit at 90 on a round about so the driver had already slowed down, just didn't see him (despite high viz and lights).

No we don't expect a brand new bike, but we also don't expect to be so much worse off. Bikes are a bit more tricky than cars because if our car was written off there'd be many more options to replace with a similar age car second hand, bikes it's really not that easy. And as this wasn't a run of the mill Halfords bike, we can't just go pick another one off the shelf, but will will have to accept a significant down grade in weight and component parts.

Anyway, the general consensus seems to be that we're expecting too much, so thank you for everyone who took time to comment, and we'll just need to accept their offer and fork out for the extra which we really can't afford right now.

I'd hold off on accepting their offer for now - there's no rush. You should also consider talking to one of the specialist cycle solicitors about your claim - Slater & Gordon have a good reputation in this area.

Specifically on the replacement bike cost, insurers will try to minimise their losses by reducing payouts - as they would for a car. The difference with a bike is that there is no Glass' guide for valuations, bikes have a longer life and are typically very customised. The most important difference though is that there is no effective second-hand market for cycles; the risk of buying a bike that was stolen or is damaged is high. There is thus a reasonable argument for recovering near cost price on the bike (and a four year old bike of a quality brand is effectively new).

Really, as there's injury (and I think you're minimising this), you should be instructing solicitors rather than dealing with the motor insurers yourself.

I wouldn't accept just accept this either. See a solicitor.

the general consensus on here is not from cyclists, I dont think. this was potentiallyv serious, as you know, and he is injured. if an insurance co messed me around like this I would be straight to a solicitor for a decent settlement. their loss. Imaginosity's insurance co has the right idea. also wait and see with the injuries. I was hit at 5mph and still have problems 20 years late, although its only very mild. it can take a while for injuries to show. this is in no way comparable to imaginary whiplash. any direct impact to a cyclist has potential to kill. anyway, I know most male cyclists I know are all tough and dont like the personal injuries claim side of thing but in this case where an insurer is messing you round, it serves them right. plenty of no win no fee out there.

Fuck them. Claim for the limited personal injuries. Claim for the damaged clothing. Claim for the day off work. Claim for the full value of a 4 year old bike with all the modifications.

Slightly different perspective here.

DH was hit by a car driver a few years ago as he cycled to work. The bike was destroyed and he also suffered fairly serious injuries. The driver admitted fault straight away and was pretty distraught at what she'd done, too.

We got some advice from a solicitor that specialises in this sort of thing. Think we got the contact from the Singletrack site?

As a result, DH was compensated for a new replacement for his bike (fairly average hybrid Boardman), new clothes and specs, new bike seat for DS (who thankfully wasn't on the bike at the time) plus compensation for his injuries.

DH didnt "profit" from the accident but was essentially in the same position he was before, kit-wise.
(Mentally though, he's never got over it, and DS has never been on the bike again. He also still has the physical scars. All because some idiotic woman drove into him on the school run).

I wouldn't accept that offer either. You're not asking for a new bike, just to be no worse than you are now and 60% doesn't cut it. Mabe 75% would? Stick in a claim for his injuries and clothing too and see how they like that. Might give some leverage on the bike value. He was genuinely hurt, so it's not a fraudulent claim on your part. Why would you feel guilty about that? If he want at fault in the accident why should he be left worse off financially and physically?

I agree with previous poster and inform your own insurance company and let them negotiate with the other insurance company.

OP I would claim on your own policy for a like for like replacement and leave it to them to make a recovery against the driver's policy.

Is he a CTC member - their insurance arm was fab when DP came off on a pothole. Your DP was injured - he could have been killed and I appreciate how much the bike must cost. I think you made an error not including the cost of the parts.
I would contact a solicitor used to dealing with bike injuries asap.