Man down...actually two...

xc62701 said:
Now what estimate do I need to get? The estimate of what it would cost to replace that bike if it was new?
Click to expand...
The primary thing you need is receipts or proof of what you paid for it. When you file a claim they will pay you up to what the bike was worth, not more. My homeowners policy paid full value minus deductible, minus recoverable depreciation. If filing against his auto policy you should get full value (no deductible) but they may still hold back depreciation based on the age of your bike.

If they hold back depreciation but it is recoverable (should be), then you take your money and look to spend what you paid originally (and more if you want to upgrade but they will not pay your upgrades beyond your original spend). Once you send them proof of your new purchase that equals or exceeds the value of the lost bike they will pay the depreciation. If you don't spend as much you will be out of pocket since they will not pay you money that you don't spend on a replacement.

You don't need a lawsuit, just file a claim against his policy. Get his company, policy number, your receipts for your bike and a copy of the police report and you have what you need. The fact he was charged with reckless is a big help for you. You will file two separate claims, one for your property damage and one for your medical expenses.

His insurance will ask you for a statement of what happened. Keep the facts to a minimum. We were riding near the shoulder at 25 mph, he pulled out of a parking lot immediately in front of you without warning. Just tell them it is all there in the police report - you don't need to elaborate since they will try to twist it to show you were at fault in some way regardless of reality (anything you say can and will be used against you...).

BTW - don't want to jack the thread but offer thanks to those who offered me friendly advice on my recent situation involving insurance and legal matters.
 
And I'm wondering why my ankle hurts...
 

Attachments

  • Shoe damage.jpg
    Shoe damage.jpg
    45.6 KB · Views: 92
  • Shoe damage2.jpg
    Shoe damage2.jpg
    49 KB · Views: 88
Panhead said:
Dood - all I got is F**K you guys just used up alot of luck!. He thought he had the right of way. Kick his teeth down his throat man. While your at it break his legs so he can't drive again. On my Pan I used to have a stack of 3/4" washers right on my bars, when someone did something stupid I'd bounce one off their windshield. Better yet was rolling up next to 'em kicking their mirror off and blasting down the shoulder. Those were the days:getsome:
Click to expand...


Yeah, I used to carry various nuts & bolts in my pocket, buddy of mine used to carry a golf ball, either will do a job on a windshield at 60mph.

I t-boned an SUV that u-turned out of a parking space right in front of me a couple years ago, 35mph right into the drivers door, flew completely over the truck (never touched it), landed on my back in the street, amazingly I was ok except my arm was a little f*cked up, motorcycle was totalled though.

Her insurance payed for the bike so I didn't sue, figured it would be a slap in the face of the almighty since I surely should have been dead that time.

Hope you guys heal up soon, old people are a menace on the road.
 
That's a total of 3 people hit in the matter of like one month. You guys didn't make out as nicely though, neither did your bikes, but at least you're writing about it :) That's pretty crazy that he said he saw you and still pulled out, crazy old folks...

I feel where you're coming from with still pushing riding in the streets I love my daily grind to work and mushing around in traffic. These stories are so common though that I've recently started laying out a new route to work for next year. Maybe I'll just build a pedal powered car ;p

Anywho glad you came out with only minor injuries RIP to the lemond.
 
Heal up fast!!

Old people scare the shit out of me. They always seem to be the major source of trouble for me on the road bike, along with soccer mom types in minivans. The whole Monroe area is a danger zone.

Glad your alive!

People die by the hundreds in cars every day, but you never hear us say, "I'm not going to drive my car any more". Keep at it in a smart way, dont let these types of accidents sway anyone from the things we all love to do.

I really hope you get a sweet replacement bike, keep us posted.

J.
 
Holy Crap! Glad you and your buddy walked away with relatively minor injuries. Bikes not so much. I'd love to see a pic of the damage on the car.
My eyes are all over the place when I'm on the road. Drivers don't realize that we can pedal faster than 10mph.
About 2 months ago I nearly got right hooked by an ambulance!!! At least I woulda had first aid right away.

Again, glad you guys walked away.
 
I notice him and come closer looking for eye contact to make sure he sees us. No problem.

On a road bike eye contact at an intersection is what I always look for, people on cell phones, or fiddling with radio are always a threat. What is crazy about this accident is that the old man saw you and still decided to pull out anyway.
Glad to hear you and roomate are ok.:)
 
bummer

This sucks..

In the winter it seems that drivers often forget to look out for cyclists. In the early spring I get beeped at every day. As we go through the summer it somehow lessens as drivers become more accustomed with sharing "their" road with cyclists.

Here is some advise from someone who deals with this more often than I would prefer.

-Keep a daily journal of how you are feeling. This may prove to be very valuable if you do indeed go to court. We "tough guys" tend to downplay our physical health. If anything is at all different make clear notes of it.

-Speak to a lawyer. Make sure that they are well versed in pedestrian law. You have right that may be waved if you take a cash payout for you damages.

-Get into a yoga class asap. Loosen up before you get too tight.

-Use some traumeel :

http://www.traumeel.com/products/?smid=1&prodID=1&modus=1

this stuff really works magic.

Get an estimate right away for a replacement cost for all you bike and gear damages. Note clothing damage, helmet, shoes etc. If any of your gear is worse off than it was before the hit, it should be noted in the estimate.

Reach out to me if you have any questions. I have helped way too many of my customers thought this shitty process.

j
 
Glad to hear you're ok, clearly could've been so much worse.

When I lived in LA, a guy who was 82 pulled out in front of my motorcycle without even looking in an area that is known for lots of bike traffic (mulholland).

I broke my wrist and my gf who flew over the car was ok. We had to sue him and his insurance co.

I'm not ageist, but there needs to be tighter licensing regs.
 
So far the news is a little disheartening. I'm asking different sources and it seems in most cases I'm only going to get what I paid for the bike minus any depreciation. That won't even let me afford a bike of the same caliber to replace it...wonderful. So I get screwed for this guy's mistake...
 
xc62701 said:
So far the news is a little disheartening. I'm asking different sources and it seems in most cases I'm only going to get what I paid for the bike minus any depreciation. That won't even let me afford a bike of the same caliber to replace it...wonderful. So I get screwed for this guy's mistake...
Click to expand...

Thats why there is civil court. Take a look at that, I dont know to much about it but its an option.
 
Jesus Ryan, I know saying this won't help the situation, but bikes can be replaced. Thank god you guys are ok, it could have been much worse. Please keep us posted.

RC ... :(
 
what can ya say... you have your health and a quiver of mountain bikes in the meantime. It is a shame that someone using poor judgement caused so much damage. heal up quickly and take pride in your scars.
 
Ryan, so sorry to hear about the accident. I am so glad you are still here to write about it. Roads are crazy indeed. Hope that insurance works out for you, Keep with it and let the bike community know what is going on. Hopefully we can all help out in some way.
 
Yea I'll keep everyone up to date on whats going on. Hopefully everything will be back to normal shortly. Does anyone know a good attorney for this type of incident? Would this be a personal injury case? or what would it be referred to as?
 
You must log in or register to reply here.
Back
Top Bottom