Legal question

[Ashtrayhead]

Did the coppers have a frame jig with them? How did they know it wasn't distorted? Did they give the frame a thorough inspection?

Doesn't matter. You're advising making a false claim.

 

[CopperBrompton]

It might be worth getting a sore neck or back within the next day or two from the sudden body movement you did to avoid being killed.

If you get some representation, bend the bike's frame. That's a whole new bike for you.

And this is why we all pay such high insurance premiums.

 

[TheDoctor]

Get a Crime Report off the coppers. There should be one because the motorist can be charged with a RTA offense ( see 'Driving without due care' above ).

If you're not independently insured, go to an 'ambulance chaser'. There are firms of bloodsucking leech lawyers who deal with cases of 'Material damage', not just personal injury.

It might be worth getting a sore neck or back within the next day or two from the sudden body movement you did to avoid being killed.

If you get some representation, bend the bike's frame. That's a whole new bike for you. ( you didn't notice it at the scene ).

I am confident you will get a new bike.

Jimbo - please don't advise people to commit fraud.

 

[Coco]

And this is why we all pay such high insurance premiums.

+1
You have a reasonable claim, don't spoil it with any of these suggestions.

 

[Rebel Ian]

Guys, despite a couple of suggestions to do otherwise I've no intention of claiming anything from the guy other than the cost of repairs. If he wants to pay that privately rather than through his insurers that's up to him.

There is no cosmetic damage other than bar tape and saddle and that can be replaced. Two separate shops have confirmed the frame is ok. Rear wheel needs replacing however.

I'm not looking to crucify the guy, just recover what it's cost. I'm pretty sure he'll have learned to look for cyclists in the future.

 

[Banjo]

Thanks for the replies. The bike is not too bad. Saddle and bar tape seem to be the worst cosmetic stuff and it'll need a new rear wheel and derailleur. One shop has confirmed the frame is ok but it's going into a Bianchi stockist today for a proper quote.

I wasn't injured and I haven't suffered any symptoms so I'm not interested in claiming for things that haven't happened. I just want the cost of repairs covered. Have to say I'm quite surprised at some of the suggestions that I should invent injuries or cause more damage.

Thanks again for reading the thread.

Glad you are ok hope you get the bike sorted soonest and congratulations in being an honest person.

 

[belairman]

Ha ha

Speaking as a "bloodsucking leech lawyer" I was amazed to see Jimbo advising the OP to commit fraud, Jimbo this may be your sense of humour I realise, but consider the irony implicit in your attitude

Accidents happen and people are stupid, the OP wan't injured thank goodness. Far worse stories on here and elsewhere.

Cheers everyone

Tim

 

[Rebel Ian]

Here's an interesting conundrum however. The bike shop have phoned to say that a lot of the parts on my bike are only sold on complete bikes, not as aftermarket spares. That means that the bike when rebuilt will not be the bike I bought/wanted.

Do I want a rear wheel with Shimano hub when I bought a bike with Campag components? Do I want a rear wheel different to the front or am I justified in asking for both to be replaced albeit only the rear is damaged?

On the one hand I'm not looking to take anyone for a ride (no pun intended) but equally I didn't ask to have my bike run over.

 

[Banjo]

Odd wheels will look cra% and devalue your bike should you ever wish to sell it. IMHO you are entitled to have the bike put back as it was and if thats not possible then a new bike.

 

[Rebel Ian]

Sorry to bore everyone but here's the latest. Just spoken to the shop and the wheels are not available as aftermarket spares. Fair enough - I could get something broadly similar although would want the front as well so it at least matches.

What I've also learned however is that the saddle and bar tape (both of which need replacing) are not available and as Bianchi are rightly precious about their official colour (Celeste) there's nothing available that could make the bike look like it should.

http://www.evanscycles.com/products/bianchi/via-nirone-7-veloce-2010-road-bike-ec021254

I can now see me getting into a battle with the insurance company when I claim for an entire new bike which is what I'm going to have to do. Is that reasonable?

Had I ran into him and offered to buy him a blue door for his red car I'm sure they'd argue the case.

 

[Muddyfox]

I think its reasonable that the whole bike is replaced .. speak to his insurance company and explain the problem with aftermarket parts and if thet are'nt going to play ball i would seek some professional legal advice

I'm not 100% sure on this (perhaps someone else here will know for sure.. like Vikeonabike) but i believe its illegal to reverse onto a main A road ?

Simon

 

[TheDoctor]

Celeste bar tape is available from Evans and CRC claim to have a Bianchi saddle in green (which I assume is Celeste)

 

[Rebel Ian]

Celeste bar tape is available from Evans and CRC claim to have a Bianchi saddle in green (which I assume is Celeste)

It's Evans that are repairing it so that's a bit strange.

 

[Crankarm]

Have Evans checked the frame to see if it is true? If not or they don't possess the expertise or skill take it along to Condor who can do this. Without these checks being made you are frankly wasting your time. Also have the frame checked for cracks. Things like bar tape are incidental really. I wouldn't attempt to play Mr Niceguy thinking you are doing the other side a favour just claim for what ever it takes to put you back into the postion you were before this idiot reversed into you. That is what the law states you are entitled to. What are the police doing about this given they witnessed the incident? I would thought they would prosecute the idiot driver. Were you injured? If the driver or their insurance company start being difficult then perhaps the pain in your shoulder, back and neck plus panic attacks could become more serious ?

You need to write to the insurer with a statement of claim stating that their insured was at fault and the reasons why. Submit an estimate for the cost of the repairs to your bike or if this is not practical or is uneconomic the cost for a replacement bike. Give them a resonable time scale to reply and settle the matter say 14 or 21 days. Should they fail to do so then you will initiate proceedings to recover your losses which will mean they incur further cost. I would also include the fact that the driving of their insured may be subject to a prosecution as it was witnessed by two police officers. If the police do prosecute and he is convicted of driving without due care and consideration then you are on to a dead cert winner. But this takes time. In this case you could also claim for loss of use and any other costs you incurred because you couldn't use your bike because you weren't able to get it repaired due to the cost of repairs or cost of a replacement.

If this fails then get in touch with a cycling solicitor but because you are not injured and your claim is of quite a low value, they might not take it on as they cannot recover costs under the civil procedure rules in the small claims court where it will be heard as your claim will likely be under £5000 for damage or loss to property and less than £1000 for injury.

Good luck.