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So I was hit by a car - they ran into the back of me so strict liability applies. Liability is still not settled (somehow!) but when that's confirmed, I want to know what my 'rights' are re: a replacement frame. It was a Genesis CdF that has been bent / cracked at the chainstays. The real wheel was destroyed as well. I was surprised that the bike shop didn't simply write off the whole value of the bike. Still, most of the parts are fine so should transfer onto a new bike. It's £500 for a replacement CdF frame and the wheel/tyre/guards came to another £240 for a total of £750 ish. Bike was £1200 new.
The claim adjuster just asked what year my bike was made (it's 2015) which leads me to think they're going to make me a low-ball offer based on the age of the bike. Before the accident, there was nothing wrong with it so I'm not really happy to accept anything other than a new frame. But obviously if it was a 5 year old car that had been written off, I wouldn't get a new car in return.
So - can I insist on a new frameset?
Also - do I charge for a bike rebuild / transfer of parts / labour / new cables etc as well? I'll probably be able to build it myself but it's a bit of a hassle.
So – can I insist on a new frameset?
They need to put you back in the position you were before the accident
Also – do I charge for a bike rebuild / transfer of parts / labour / new cables etc as well?
Yes, and for the insurance quote from the shop.
If you're claiming off your own insurance policy, you can claim whatever your policy says, and you argue the point with your insurer. If you're claiming damages from the person responsible, insurance is their problem, not yours, and what their policy says is irrelevant to you. You can claim whatever you can justify to remedy the wrong, but you may need to threaten to sue them if they don't want to pay.
I was advised on my claim a few years ago that clothing and protective gear was subject to a percentage reduction due to wear-and-tear as it was easy to replace with similar. The bike on the other hand was new-for-old as expecting me to buy a replacement that had completely unknown history was considered unrealistic (cars have an accident history and service record) and I could also claim full RRP of any upgrades too. The bike in question was just a regular Boardman Hybrid so nothing with carbon parts, just plain alloy everything. My LBS wrote the bike of on the grounds that any damage could be hidden, standard practice AFAIK.
If you're dealing with the insurers direct I'd press for a full new bike. They'll want to avoid the costs involved with a claims company.
I got new for old and costs for treatment of the whiplash injury. I was lucky not to be more seriously injured. The frame was reckoned to be written off as potentially unsafe.
I used Cycling UK’s lawyers who were brilliant and working through the claim over some months.
They need to put you back in the position you were before the accident
This is the key thing. Yes they will try to lowball you. You simply reject the offer as too low.
A commonplace bike a secondhand one may be available
It’s me vs their car insurance - I’m not planning to claim on my house insurance.
This has been dragging on, meanwhile I have no commute bike. As it happens, that’s not been a problem for the last couple of months but I need it soon. Can I claim for a hire bike until they sort it out? I thought suggesting this would give them the impetus to actually sort it sooner rather than later. That’s what would happen if my car was off the road.