I was hit by a car- Insurance help

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Lizanne
Posts: 1178
Joined: 15 Sep 2010, 13:58
Location: Wolli Creek

Postby Lizanne » 05 Mar 2013, 19:40

Dear DHBC brains trust

a few weeks ago i was hit by a car(actually i hit the car like a champion, put a nice dent in the side) The driver was 100% at fault and had done a left hand turn across my path. I had no time to slow down. In the process my bike was written off. but i managed to escape without a scratch!
good news is the dirver loged a claim, bad news the insurance company wants to give me $2250 for a bike that will cost $3500 to replace. they claim depriciation. The bike was only 5 months old.

this leaves me with 3 problems,
1- i can't replace the bike becaus i have no money to spend at the moment
2- i don't really have money to pay for a lawyer to help with the case
3- i know i might be asking a lot but i don't want a lower end bike. I just want the bike i had.

here are the details from NRMA in regards to the

Dear Ms Wilmot
We refer to the phone conversation dated 05/03/2013 with consultant Reece. Below is our
settlement offer and outline as to how we came to this figure.
In regards to this claim, you have provided us with a quotation to put you in the same position
pre-accident via the bike shop MC Cyclery. The quote explains that your bike (damaged in the
incident) was a Giant Advanced TCR 2 2012 model and that it is beyond repair and requires a
replacement of a 2013 Giant Advanced TCR 2 as this is the current and equivalent model, the
price proposed by MC Cyclery is $2999.
In order to expedite this claim, we have offered a settlement to you of $2250 on 04/03/2013.
This is supported by the following.
a.) The bike shop has advised that the bike is beyond repair because there is a crack in
the frame; however there are no x-rays or ultrasonic scans to advise that the
structural integrity of the frame has been compromised. The bike has not been
referred to a carbon repairer for assessment.
b.) The bike proposed as a replacement is a 2013 bike, the bike that was owned by you
and was damaged in this incident was a 2012 model bike.
c.) The reference of our price to how much your bike was worth in its prior accident
condition is not a recommendation or suggestion to you to buy a bike for this price. It
is a comparative quote obtained showing that a bike of same make, model and
condition could be purchased for this price at any time.
d.) Your bike would not be considered new as it had been ridden and was 6 months old
at the time of the incident
e.) We have sourced a price for a second hand, 6 month old Giant TCR Advanced 2013
via the website Gumtree for $2300 available in the Bankstown area
f.) We have sourced a price for a brand new 2012 Giant TCR Advanced 2012 Model for
$2250 from a supplier in Australia via the website bikechange.com.au
Our settlement methods are based on providing you the fair and reasonable cost of the items
of yours that were damaged in the incident involving our client. It is part of our process to
source pricing on these items to ensure you are not profiting from the claim.
Settlement can be made via Cheque or EFT Electronic Bank Transfer. Please contact us in
due course to advise how you wish to settle the claim

Any ideas would be great.
i just want a bike that i can use to get back to racing.

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JoTheBuilder
Posts: 1500
Joined: 19 Feb 2011, 15:32

Postby JoTheBuilder » 05 Mar 2013, 20:06

Hi Lizanne, can't help you with insurance unfortunately but would not a second hand bike of the same type suffice? If they are not the right size that might be an argument to go back to them with?

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marc2131
Posts: 1120
Joined: 03 Jul 2011, 13:14
Location: Ashbury
Contact:

Postby marc2131 » 05 Mar 2013, 20:30

Was a police report done? Do you know if the driver was issued an infringement?

Lizanne
Posts: 1178
Joined: 15 Sep 2010, 13:58
Location: Wolli Creek

Postby Lizanne » 05 Mar 2013, 20:41

beacues i wasn't hurt not infringement was issued. And i'm not sure if t report was filed past the initial scene report.

oh ya, the quote for $2999 gets me the TCR 2, but that is now a down grade 105, and PSL 1 wheels. I need the TCR 1 $3499 that has ultegra and PSL 0 wheels that are on my current bike. I think this is why the insurance company recons it's an upgrade i'm asking for

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Nozzle
Posts: 510
Joined: 16 Feb 2011, 19:03
Location: Summer Hill, NSW

Postby Nozzle » 05 Mar 2013, 20:45

Also to note they have omitted what type of TCR they saw on Gumtree.

Furthermore, Who honestly has a carbon frame repaired? Would the cash offered cover a new frame and a rebuild? What else was damaged?

I'd suggest sending a letter of demand to the driver if no love with insurance company. Then hit small claims court. I think that there are details of what to do here: http://www.localcourt.lawlink.nsw.gov.a ... cases.html

There is a number for free legal advice too...

Lizanne
Posts: 1178
Joined: 15 Sep 2010, 13:58
Location: Wolli Creek

Postby Lizanne » 05 Mar 2013, 20:50

They found a 2012 TCR 2 (exact model) in Victoria, on clearance. I have sent an e-mail to the company asking if xs is in stock. If my size is not in stock, i can argue it's a rare size (it is) and say i won't be able to find one in my size for that price.

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marc2131
Posts: 1120
Joined: 03 Jul 2011, 13:14
Location: Ashbury
Contact:

Postby marc2131 » 05 Mar 2013, 20:56

Lizanne, might be worth your while considering negotiating with the insurance coy to keep parts from the old bike. I know this has been done with damaged cars before. You may have to pay a small premium to do this ie. transfer the salvageable Ultegra parts from the old bike to the new one.
I also just sent an email with some other points. I think you need to speak to the constable/s who oversaw the accident report. Write down all they say to you. Don't expect them to send you a written report :evil: Neanderthals don't like putting pen to paper.
However if they say anything write it down in your diary. You can use that info later in your claim.

Strawburger
Posts: 595
Joined: 04 Mar 2009, 08:27

Postby Strawburger » 05 Mar 2013, 21:17

Don't forget about warranty policies on 2nd hand bikes (ie none) or online sales.

Edit: cost of delivery from online sales too

Johnj
Posts: 164
Joined: 12 Feb 2011, 19:03
Location: Croydon

Postby Johnj » 05 Mar 2013, 21:35

Lodge a complaint using their internal dispute resolution process.

This will probably be a complete waste of time. However, once you've got a complaint number if you're still unhappy you can lodge a dispute with the Financial Ombudsman Service. I did this last year and the effect was quite startling. The insurance company suddenly bent over backwards to see things from my point of view...

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Karzie
Posts: 709
Joined: 03 Nov 2008, 17:14

Postby Karzie » 06 Mar 2013, 10:05

Lodge a complaint using their internal dispute resolution process.
I agree. I used this process to resolve a faulty repair to a car. The assigned investigator was quite helpful and pro-active on my behalf.

ian

Lizanne
Posts: 1178
Joined: 15 Sep 2010, 13:58
Location: Wolli Creek

Postby Lizanne » 06 Mar 2013, 12:26

Win! ish
Joe from Giant Sydney talked to the dude from NRMA and explained the differences in the bikes, and how a bike from another state doesn't count as market value, and how expensive it would be just to get a quote for carbon repair.
But they still recon i have 6 months depreciation...
The win here is they are still willing to give me the 2250, and keep the old bike to salvage parts.
so i'm going to end up with a TCR Advanced SL 0 (ooo, ahhhh, cheers from the crowd, it has in integrated seat post, and looks shmick!) crash replacement frame and i can put on my old group set. although i still need to replace the right shifter, front break, front wheel, and maybe a derailleur.
but i can get all that done within budget.

The guys from Giant Sydney (and MC) are totally awesome!
Also thanks to everyone who gave support, DHBC is loving community with a diverse range of expertise!

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utopia
Posts: 265
Joined: 18 Nov 2010, 11:24
Location: Canterbury

Postby utopia » 07 Mar 2013, 15:08

Just saw this post.
Could you also sting the Insurance company for a replacement bike hire during the time that you are without a bike ?

along the lines of http://www.1car1.com.au/

Why should you be inconvenienced because of a SMIDSY ?

Lizanne
Posts: 1178
Joined: 15 Sep 2010, 13:58
Location: Wolli Creek

Postby Lizanne » 08 Mar 2013, 09:00

Thanks Peter,
ya i went spastic on the company, mentioned i was seeking legal help, and said i would be adding, the lost day of work, train tickets, damages for missing races, and a rental bike if the issue were to continue. i quoted something similar because i knew i could get a rental car if i had a car, so i would try for a rental bike.

i have even found out they are giving me more money. it's $2500 now. i know it's not a new bike, but without the hassles and getting a lawyer involved, I'm actually getting a better frame, with the same components. so I'm happy with that.

shrubb face
Posts: 1010
Joined: 09 Sep 2008, 01:43
Location: Marrickville

Postby shrubb face » 08 Mar 2013, 10:16

I think it would be a real struggle to argue for damages for missing racing given that its not your profession.


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