Login required to started new threads

Login required to post replies

Help with bicycle accident and insurance claims!!!
Quote | Reply
Hi Everyone,
Recently I got into an accident in Toronto; I was struck by a car as it sped past me last Sunday. I got his insurance details and a couple of witnesses' details from the spot. I have little cuts and bruises in my leg and arms. But the bike is in the shop I got it from; they are assessing it for the damages from landing on the tarmac. The repair would cost around $900! I lodged a police complaint on the day of the accident and got a reference number from them. I wondered if anybody had any difficulties attempting to claim a bike worth over $10,000 from the car insurance company?
I did get a bicycle accident lawyer but was just wondering if anybody did succeed in getting the full amount of the bicycle expense. Anyone who has been involved in an accident, how long did it take for the claim to be settled? Can you please share your stories/experience or advice you may have to me so others may learn from it?
Thanks in advance!
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
I was struck in June of 2018 in a hit and run. Witnesses and myself were able to provide tag number and good enough description of the driver that the police were able to arrest him and he pleaded guilty to one felony and one misdemeanor and he will be sentenced next month. Luckily he was insured and his insurance promptly paid @ $4k to fix my bike and replace my personal property. I was also in line for a settlement for pain and suffering from my injuries and I hired an attorney to take care of that. Best of luck and be patient with the process
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
Without saying too much on social media, I was hit from behind in early April by a driver of a truck. I am currently in litigation with his insurance company and have a lawyer that is part of the bike club here handling it.

On his recommendation I got everything repaired/replaced at my cost and kept all the receipts along with a record of my time spent getting it done.

We will see how this goes.

"...the street finds its own uses for things"
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
So sorry to hear of your mishap. I have handled at least dozens of bicycle accident claims. I am puzzled a bit - if your lawyer knows what they are doing why are you asking questions here? That doesn't make a lot of sense to me. Either trust them and get your advice there, or go somewhere else.

Now to your question - help me understand what you are asking . . . the cost to repair the bike is $900 dollars, but then you say a attempting to claim a bike over $10,000 (CD?). Is the bike "totaled?" Don't forget to include shoes, clothes, sunglasses, etc . . . I always include EVERYTHING. Carbon frame I assume? Did it get dinged? If so, I consider that "totaled." We have handled quite a number of bicycle damage claims for more than $5000 (USD). I think our highest was $9500 (USD).

What about injuries . . . are you OK? That is always the most important (even though we love our bikes!).

I wrote an article years ago that I should update and/or expand on but it does have some basics in it. See: https://daviddaggett.wordpress.com/...-insurance-coverage/

Lastly, I just flew through your law firm's website . . . it didn't appear that they are cyclists. Now, that doesn't mean they don't know what they are doing, but to really relate and advocate for a $10k bike I do think it at least helps. Lawyers in our firm are cyclists, triathletes, and former college soccer and football players . . . I think it makes a difference. Personally I'd hire a 29 time Ironman . . . they know how to finish :-)!

Best wishes,

David
* Ironman for Life! (Blog) * IM Everyday Hero Video * Daggett Shuler Law *
Disclaimer: I have personal and professional relationships with many athletes, vendors, and organizations in the triathlon world.
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
I was struck by a car that turned into me across traffic a couple years ago. Broke the front fork in a couple places and mushroomed the frame around the cranks. Police report, witnesses, ect and a trip to the ER with minimal injuries fortunately. I contacted Bike Law the next day and can attest to the next day, having an attorney who is also a cyclist and understands the dynamics of all of it was certainly helpful. The drivers insurance replaced the bike, helmet, ect, everything that sustained damage and covered all my medical.

The bike was all carbon and the adjuster was a little taken back by the value at first but came around quickly after doing his research.
Last edited by: Troy B: Jun 30, 20 5:28
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
It is possible to get full replacement costs.
You have a lawyer- make them handle it. Avoid giving verbal statements to anyone from the insurance company that can be used against you.
Have a shop go through the bike and write it up as a total loss.
The reason being that any carbon frame or parts is technically out of warranty after an impact like that. Even if it "looks fine".
You don't want anything to fail on you later on.
Get this full estimate and have your lawyer present it in a way that the insurance company accepts. "My client cannot ride anything that is possibly unsafe in the future".
Include full kit- bike, shoes, clothing, glasses, helmet, computer, etc..
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
Ronal07 wrote:
Hi Everyone,
Recently I got into an accident in Toronto; I was struck by a car as it sped past me last Sunday. I got his insurance details and a couple of witnesses' details from the spot. I have little cuts and bruises in my leg and arms. But the bike is in the shop I got it from; they are assessing it for the damages from landing on the tarmac. The repair would cost around $900! I lodged a police complaint on the day of the accident and got a reference number from them. I wondered if anybody had any difficulties attempting to claim a bike worth over $10,000 from the car insurance company?
I did get a bicycle accident lawyer but was just wondering if anybody did succeed in getting the full amount of the bicycle expense. Anyone who has been involved in an accident, how long did it take for the claim to be settled? Can you please share your stories/experience or advice you may have to me so others may learn from it?
Thanks in advance!

I was screwed each of the 6 times I was hit. Only once did the car stop; and at the end of the claim, they denied that anything happened and it was a he said she said (Witnesses did not seem to matter at all). If you did not have police there, good chance you are screwed as well. Take it as a learning experience, and be happy you are not dead. Ride with a camera if you want to make sure that next of kin can collect on the SOB that takes you out. Not that Im bitter....Ok, it is not JUST that Im bitter....
Remember, the person's insurance company is in business by paying out as little as possible. They are not in the business of righteousness or fairness.

Stephen J

I believe my local reality has been violated.
____________________________________________
Happiness = Results / (Expectations)^2
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [stephenj] [ In reply to ]
Quote | Reply
"I was screwed each of the 6 times I was hit. Only once did the car stop"
----------------------------------------------
I love the other 5! Uninsured motorist claims with no adverse testimony! I've handled a bunch of those.

David
* Ironman for Life! (Blog) * IM Everyday Hero Video * Daggett Shuler Law *
Disclaimer: I have personal and professional relationships with many athletes, vendors, and organizations in the triathlon world.
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [AutomaticJack] [ In reply to ]
Quote | Reply
Be prepared for a long and protracted process, it took nearly 3 years to close out my case, I had nearly $70,000 in medical expenses getting my knee rebuilt and rehabed.

It wasn't until after the case was moved to the federal level and we took depos that they realized the guy I was suing couldn't keep a straight story on who was were and what color the light was. Once we got to that point it went fast and we played hard ball to maximize my pay.

I claimed my broken S3 and wheels on homeowners to get a new bike ASAP instead of waiting for my case to close out. Once my case closed I bought my forever bike.

Pactimo brand ambassador, ask me about promo codes
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
When I got left a body shaped imprint in a car from my bicycle, things got turned over to my auto insurance company. They simply said "get a replacement price for everything" (My bike was in pieces so that was easier to show) and sent me the money.

If your lawyer is not fighting for you, FIRE THEM!

Best of luck. (I always heard to itemize every single item on the bike ... I did not - except for the upgrades) If you did ANY upgrades, make sure those are noted separately.
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
This is in the USA - Canada could be different, I don't know. But I was hit years ago.......carbon frame that ended up getting a gouge out of one of the stays. Insurance company originally balked about a replacement but I had sent the frame back to Felt for them to evaluate the frame and they would not guarantee it could not fail. I told the insurance company the same and if they were willing to accept future liability in the case of a frame failure I would be ok keeping the bike. They paid for a complete replacement - that was about $5,500 pus some clothing needed to be replaced. Truthfully I didn't even mentioned to them about a frame swap using existing components - I just sent them an invoice for a complete bike and let them make the call if they paid or wanted to do just the frame.
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [stephenj] [ In reply to ]
Quote | Reply
stephenj wrote:
Ronal07 wrote:
Hi Everyone,

Recently I got into an accident in Toronto; I was struck by a car as it sped past me last Sunday. I got his insurance details and a couple of witnesses' details from the spot. I have little cuts and bruises in my leg and arms. But the bike is in the shop I got it from; they are assessing it for the damages from landing on the tarmac. The repair would cost around $900! I lodged a police complaint on the day of the accident and got a reference number from them. I wondered if anybody had any difficulties attempting to claim a bike worth over $10,000 from the car insurance company?
I did get a bicycle accident lawyer but was just wondering if anybody did succeed in getting the full amount of the bicycle expense. Anyone who has been involved in an accident, how long did it take for the claim to be settled? Can you please share your stories/experience or advice you may have to me so others may learn from it?
Thanks in advance!


I was screwed each of the 6 times I was hit. Only once did the car stop; and at the end of the claim, they denied that anything happened and it was a he said she said (Witnesses did not seem to matter at all). If you did not have police there, good chance you are screwed as well. Take it as a learning experience, and be happy you are not dead. Ride with a camera if you want to make sure that next of kin can collect on the SOB that takes you out. Not that Im bitter....Ok, it is not JUST that Im bitter....
Remember, the person's insurance company is in business by paying out as little as possible. They are not in the business of righteousness or fairness.

Stephen J


I've had so many close calls that I just quit taking the chance of a "he said she said situation" and having a knife pulled on me was the final straw! This is only from 2.5 months of riding this year.....and plenty of that was still on Zwift!


Last edited by: MKirk: Jun 30, 20 13:00
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
What MKirk said (for the future).

Never ride without cameras front and back.

I am astounded by people riding $10K bicycles that won't spend a few hundred dollars on a set of cameras.

Most of the world has windshield bias, and the odds are not (yet) in our favor.

Two wheels good. Four wheels bad.
Quote Reply
Re: Help with bicycle accident and insurance claims!!! [Ronal07] [ In reply to ]
Quote | Reply
Hope you get some satisfaction.

I have no experience with any personal claim so this is just from hearsay. Be careful about expenses and settlement fees. There are some very specific restriction in Canada (Toronto) about what a case taken on contingency. Their add says.... You don't pay us until your case is won or settled

Here's article from The Star that speaks to this form of contract. https://www.thestar.com/...ss-we-win-cases.html

A trainer friend just settled a slip and fall claim and there were a surprising amount of fees. And it took two years. This is Canada :0(

Good luck.
Quote Reply