My greased roommate ran into my bike on Friday night with his Jeep. It was leaning up in the back of the garage and he must of come screaming in and bulldozed the thing right over. This morning I go to ride and damn near fall over, the thing won’t roll. I put two and two together and figured out what had happened. He was good and blacked out and does not remember (glad he was out driving). Imagine putting your size 12’s at the bottom bracket area and grabbing the seatpost and fork, bending the frame. My local bike shop said it is unrepairable.
The bike was an old Schwinn Aluminum great condition…about 10yrs old. What do you guys think I should ask from my roommate as far as compensation. The bike is probably not worth that much, but at least I had a bike.
Here’s the thing, he is sort of an asshole and only thinks he is responsible for the value of the bike itself, not what it is worth to me. I would not be able to buy another bike as nice as this one when dealing with it along these lines. It’s like if you have a piece of shit car, but it still runs, you wreck it and the insurance wants to give you $500 dollars for it. You can’t buy another car with that. I am having a hard time getting him to understand this.
I guess there is really no good answer to my question…I am just looking for a good way to explain this to him.
Better question, WHAT THE HELL WAS HE DOING DRIVING!!!
I know…I am actually moving out tomorrow. I can’t deal with this sort of thing while I am in grad school and trying to train. Both my roommates have already gotton DUI’s and drive drunk every weekend.
You’re entitled to replacement value. Go on eBay and monitor an auction for the same bike and see what the closing price is - that’s what your roommate owes you.
BTW, good call on moving out. I’m a college student and have lived with a drunk before: No fun.
He drives drunk… wrecks your property… (assumption) has no insurance?..
And, feels he has no (or limited) responsibility for replacing the damaged bike…
Hmmm… worth vs. value… I can tell you which way a court would see it… two words - Replacement Cost.
Your insurance analogy has no relation to this situation… this is damages caused by a negligent individual. It’s not about a 3rd party contractual agreement for damages in the event of an accident or negligence - commonly called insurance.
Quite honestly… your not having a hard time explaining anything… he simply doesn’t want to understand. However, a small claims court could do the explaining for you.
The next time he comes home drunk, take his car keys and do some good damage to the car. Then park it in the garage and put the keys back where you found them. He won’t remember what happened and it might encourage him to not drive drunk in the future. Obviously, he doesn’t care about other people’s property or safety but he might care about his own.
Better yet, get some fake blood and hair and put it all over a dented area. Should scare the living crap out of the guy. Seriously, people who drive drunk like that should be in jail.
Take from him only what it’s worth. Life is too short to start getting worked up over trying to get full compensation. Full compensation rarely exists in the real world.
I suggest that you decide yourself what is a just figure, then tell him if he doesn’t pay up you’ll ring the police, his school and his parents. Threat of speaking with the latter has a supringly large amount of leverage
Once the money has been received you should take revenge by putting his unconscious carcass into compromising positions with an inflatable sheep, take pictures then distribute them on the internet and round school.
I can tell you which way a court would see it… two words - Replacement Cost.
Your insurance analogy has no relation to this situation… this is damages caused by a negligent individual. It’s not about a 3rd party contractual agreement for damages in the event of an accident or negligence - commonly called insurance.
Legally speaking, here at least, the standard is “fair market value” which is the price at which a willing, but not compelled, seller and a willing, but not compelled, buyer agree. Fair market value and replacement cost may well be two entirely different things. I typically agrue that for an item in which there is not a readily available secondary market that replacement value is the fair market value, ie a bike.
Actually, the roomie’s auto insurance ought to cover the damages. Further, I would argue that there is a punitive damages claim, which in drunk driving situations usually isn’t covered by any legal limitations; and, is usually covered by standard mandatory minimum limits of insurance within which the bike would certainly fall.
All that being said…why the sam heck do/did you room with this guy, and I do agree that running over his nut with the jeep may be the best solution.
I know…I am actually moving out tomorrow. I can’t deal with this sort of thing while I am in grad school and trying to train. Both my roommates have already gotton DUI’s and drive drunk every weekend.
I’m moving out of the fraternity that I live in at the end of this semester as well. Figured out pretty quickly that it isn’t much of an environment to train/eat/sleep in.
It could have been worse, it could have been your brand new P3C that you had only ridden once, in which case you woul d have been compelled to soak him in gasoline and burn him while he slept.
Your shrewd lawyer, or course, would argue that a “jury of your peers” is actually only true if selected from members of the ST nation,
and when exhibit A was brought forth, the twisted wreckage that was once your P3C, the gasps of horror and and mutterings of “what kind of an animal would do such a thing” from the jury box would force the prosecutor to let you off with a verdict of “justifiable homicide.”
what a son of a bitch! this would be a cutting of point for me…he drinks till he blacks out and then drives? hits your bike and doesn’t remember?
first I’d be working on getting him out, or you out, second of all, he owes you a bike–or money in whatever amount you say.
don’t listen to him arguing no. have a stern talk–what he did is wrong, totally wrong, and he’s putting people’s life at risk. get your money and get out of this room-mate situation.
Better question, WHAT THE HELL WAS HE DOING DRIVING!!!
I know…I am actually moving out tomorrow. I can’t deal with this sort of thing while I am in grad school and trying to train. Both my roommates have already gotton DUI’s and drive drunk every weekend.
bravo. you are a grown up, and kuddos to you for not being an enabler in this situation. f’ them. if he won’t give you the money, then take something of his and hold it hostage, or sell it on ebay. one way or another this mother f’er needs to pay.