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The insurers off the driver that off'd me recently (Hastings Direct) tell em I need to submit photos of my damaged parts/clothing along with value and age so they can deduct for wear and tear.
Anyone had to deal with this way of claiming? My guess is I have to go in aggressively to allow the inevitable negotiation - or just sue them for the new value, which I CBA doing just now.
If you CBA you'll get nothing so it's probably in your best interest to do as they ask.
I'd be seeking a lawyer who specialised in insurance claim work who understands their legal obligations and commercial practicalities...
...oh hang on a minute...
poly I'm just asking for experiences - I'm pretty clear on my rights, just not sure how much effort I CBA going to for a lowish value claim.
good point-scoring though 🙄
My successful claim from the insurer requested the same, they stated it was for their 'mechanic' to assess the damage.
I basically piled it up in a heap and took multiple pictures, emphasising the worst bits. These were then emailed and they promptly offered 75% of the quoted insurance cost from the bike shop. As their quote was generous I came out on top, they still managed to write the wrong name on the cheque.
Definitely threaten the big stick if a prompt settlement isn't forthcoming, also much as it pains me to suggest it but I'm currently seeking compensation with a no win no fee as I am still not at 100% fitness after 4 months, this 'compo' has paid for physio which is doing the trick.
They need to indemnify you for your loss. I take it this is for a cycle?
If so, either they write off the bike and give you a fair second hand value or if they're offering to replace damaged parts, they should replace/pay full price. If you were a car and went to their approved repairer they wouldn't fit second hand parts - they'd replace and repair to the manufacturer's specification.
Stand your ground.
Never been in this situation; might they need to pay for an interim hire bike too ?
I got new replacement cost for anything with a scratch on it when I claimed. Stand your ground. As said above, they have to put you back in the position you were before the collision, and you can't reasonably be expected to do a anything but buy new replacements - not the same as your own insurance policy which might reasonably not do new for old.
I simply submitted a bike shop quote to replace the damaged parts - to be honest they get off lightly that way, as I didn't get a quote for the cost of labour to fit (which would be a major part of the cost if they'd damaged another car). To be honest if they were wanting to mess about with deducting for wear and tear I'd be putting in a claim for labour as well.
Strictly speaking they should put you back in the position you were in before - ie cost of a 2 year old jersey rather than a new one if yours was two years old.
Third party claims are not legally required to be on a new for old basis.
That said, I guess all 😉 your stuff was pretty new and barely worn, so start high and negotiate to a fair settlement. Was the best part of the game when I was a claims manager!
If it's less than 2k you could probably send them a picture of spongebobs sq pants.
Interesting.
In my view I'm entitled to new for old (how would I buy some sh tights that aren't made any more?) but I guess if the policy isn't new for old then I'd have to get the remainder direct from the policyholder, which would be a PITA/not worthwhile.
It's parts and clothing that are damaged, the clothing just has minor holes, so is still usable, but will def be getting replaced sooner. Some parts were new, some pretty worn.
I get a LBS employee discount, which complicates it a bit, and do any work myself - so no labour.
I look at it from the point of view that you had a fully working bike and clothing before the accident and now you don't.
If you were a car driver, they would either write off the vehicle and offer you settlement at used market value or repair the vehicle using new parts and labour.
As they won't want to take the bike, they should offer you the repair with new parts.
I would ask for a cash in lieu settlement for repairs and new parts base on a couple of quotes from bike shops and if they decline, write a letter to the chief exec as a complaint including the fact that you are trying to resolve this before referring to the ombudsman. For the negligible cost involved, they will back down.
They're discriminating against you because you're a cyclist.
Also find out if the insurance company has a twitter account, I was able to get a response by tweeting their account quicker than phoning them.
End of the day I don't think they know how to handle cyclists, you shouldn't be the one taking the hit here (pardon the pun)
Secondhand values are subjective and as such I would be pursuing new replacements, also don't tell them you'll do your own labour. Get a quote that includes labour.
No they are not discriminating, don't let the paranoia get to you.
If you are claiming against the responsible motorists insurers, you are not their policyholder, you are a third party to the contract. The insurers are there to pay your legally recoverable damages from their policyholder, ideally without it going to court and incurring additional costs.
New for old is a red herring on third party claims. Their legal obligation is to recompense you for your loss and try to put you back in the same position you were in prior to the loss, plus any reasonable out of pocket expenses.
If the bike is economically repairable, then they should pay for the repairs. If it would cost more to repair it than it is worth, then it is a write off. Exactly like with a car. They should offer you the value of the written off bike - second hand value - less the value of the remaining bits if you want to keep it.
They are only responsible for the actual value of the clothing and any other bits that were also damaged, so are entitled to make you an offer for the replacement cost less an amount for wear and tear.
If I was still handling claims, I would be tempted to consider offering the full value of the clothing in lieu of a separate additional amount to reflect your out of miscellaneous out of pocket expenses, but I got out that game just as the no win no fee ambulance chasers moved in. My tactics may also be a result of a desire to avoid you remembering the injuries you sustained as well.....
Problem is, insurers don't have a lot of practical cycling knowledge - or TP cyclist claim handling. Maybe there's a gap in the market there for someone. Maybe that is what all those "What's it worth...?" threads are actually about?
Add up everything you can possibly think of, plus something on top for the inconvenience, any pain and suffering, etc. Think 4 figures for that unless you were seriously hurt. This should help to give a bit of headroom if they start haggling, and for things you didn't notice at the time.
Surely though, if you have a £100 pair of tights which are two years old, and maybe half worn out - by the logic you work on, being hit by your policyholder would cost me £50 as I would have to add to your offer in order to buy replacements...
Afaik you should also rightfully be able to claim for any time spent pursuing the claim, as once again the only reason you have to waste your free time is because of the driver.
Anyone had to deal with this way of claiming?
Twice. Once me vs Axa, once Leigh Day (BC's insurers on my behalf) vs a driver's insurance co.
Both times I got back the amount I paid for the damaged things. A helmet in both cases, scuffed bar tape and saddle and a ripped jersey. no deduction for wear and tear or depreciation. It's not like a car. If I crash my blue '10 plate Astra then I can go and buy one of hundreds of other '10 plate blue Astras. If my helmet is damaged by a stupid driver I can't go on ebay and easily buy an equivalent second-hand helmet and know that it's safe.
[i] If my helmet is damaged by a stupid driver I can't go on ebay and easily buy an equivalent second-hand helmet and know that it's safe. [/i]
Safety items should be replaced as per new, from a motorcycle perspective - so I'd be looking for new clothes/helmet etc to replace anything damaged.
Bike-wise; new parts + labour and only accept a write-off it's a standard bike.
UPDATE!
I submitted my claim at full RRP, they came back asking for how old each item was, condition etc, I asked how that was relevant as my loss was the cost to me of replacements whihc are only available new...they caved...and cheque is in the post!
New fat bike & power meter 😀
From a mates experiences, if they bugger about point out that you will be putting it into the hands of a claims management company or the no wins people.
This mate had a phone call turn from "clear off, you'll get nothing" to "I'll write the cheque now if you'll go away" by employing that tactic.
Yup, they just expect you to cave.
Gonna claim for my bikepath pothole incident now!
It's not like a car. If I crash my blue '10 plate Astra then I can go and buy one of hundreds of other '10 plate blue Astras. If my helmet is damaged by a stupid driver I can't go on ebay and easily buy an equivalent second-hand helmet and know that it's safe.
This, no way I'd accept deductions for wear and tear on clothing or equipment. I got new equivalent value when I claimed (with Leigh, Day & Co).