seeking damages for minor collision

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confusedcyclist

confusedcyclist

Veteran
I can't critique the driver's concern immediately after the collision, but that could have been damage limitation on their part!

I have my suspicion if the bike is written off and they get a bill for a new bike plus the charge for mechanics report, they will be less forthcoming with private settlement, however I'll give em a chance before I contact BC.

It was a £1000 bike new, but I paid closer to £750 after the season sale/cycle to work scheme at the time. If it's a write off, how much would I stand to receive if I went via insurance? Will I get new for old, or simply estimated value before the collision?
 
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Pale Rider

Legendary Member
I can't critique the driver's concern immediately after the collision, but that could have been damage limitation on her part!

I have my suspicion if the bike is written off and they get a bill for a new bike plus the charge for mechanics report, they will be less forthcoming with private settlement, however I'll give em a chance before I contact BC.

It was a £1000 bike new, but I paid closer to £750 after the season sale/cycle to work scheme at the time. If it's a write off, how much would I stand to receive if I went via insurance? Will I get new for old, or simply estimated value before the collision?

Strictly, you are entitled to be put back into the position you were in the moment before the accident, no more, no less.

There may be some negotiation over the value of your bike, although insurance companies can be pragmatic and realise it costs them more to argue over a couple of hundred than to pay it.

Since you are being reasonable - not fussed over injury compo - all you want is the bike sorted, the insurance company could offer a straight £1,000 which presumably you would be happy with.

You mention cycle to work, don't forget to factor in the end of scheme costs if you do have to itemise your loss to the last penny.
 

MikeonaBike

Senior Member
As regards to claiming off a driver's insurance, if the vehicle concerned is not properly road legal, is the insurer likely to refuse to pay out? There are quite a number of cars around here that are illegal in respect of invalid registration plates and in some cases, no registration plate on the front of the vehicle. A registration plate that has letters and numbers incorrectly spaced in an attempt to spell something is in the same category as no registration plate at all. The police couldn't seem to care less. I have suspected for some time that an insurance claim could be invalidated because of such a technicality. At least such 'ego' plates mark the driver out as a probable idiot to be wary of!
 

glasgowcyclist

Charming but somewhat feckless
Location
Scotland
As regards to claiming off a driver's insurance, if the vehicle concerned is not properly road legal, is the insurer likely to refuse to pay out? There are quite a number of cars around here that are illegal in respect of invalid registration plates and in some cases, no registration plate on the front of the vehicle. A registration plate that has letters and numbers incorrectly spaced in an attempt to spell something is in the same category as no registration plate at all. The police couldn't seem to care less. I have suspected for some time that an insurance claim could be invalidated because of such a technicality. At least such 'ego' plates mark the driver out as a probable idiot to be wary of!

No, they might refuse to pay out for their policyholder's losses but their obligation to 3rd parties (you) remains in place.

GC
 
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Deleted member 26715

Guest
If the bike is via a cyclescheme do you actually own it yet, have you paid the final fee?
 
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confusedcyclist

confusedcyclist

Veteran
If the bike is via a cyclescheme do you actually own it yet, have you paid the final fee?

No, my understanding is that it would only be payable if I leave the my organisation within 3 years of starting the scheme. Then the final payment is waived after 3 years. If I did leave, I think it was 17% of the value of the bike, but don't quote me on that.
 
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vickster

Legendary Member
I should think thus you are obliged to keep it in a good state of repair, allowing for wear and tear consistent with age. If you were to leave the business, you'd have to buy it off them (without the tax saving) or give it back. Perhaps look at the Ts & Cs you signed up to :smile:

Did you contact BC yet?
 

vickster

Legendary Member
No but it's another possible reason to get it all fixed properly as he doesn't own the bike yet :smile:
 
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confusedcyclist

confusedcyclist

Veteran
No I haven't contacted BC yet because their website says they immediately involve solicitor or insurers, I stupidly gave the driver my word we would settle privately at the scene when I was in shock rather than reflecting on it later. While it is true I owe the driver nothing, I am a man of my word.

I'll give the driver a chance to settle once the quote comes, however if there is any funny business I shall call BC first thing Monday morning.

If the bike is written off and if I settle privately I could negotiate new for old as I have leverage with the driver not wishing to go through their insurance, if it does end up going to an insurance claim, chances are I'll get a smaller settlement in the event of a write off, old for old as it were.

While I do believe the driver should be punished for their negligent driving through higher premiums and a firm mark on their records, I cannot be bothered with the hassle of a claim if it can be avoided.
 
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confusedcyclist

confusedcyclist

Veteran
Good news, the driver settled for the full amount requested, including cost of an engineers/insurance damage report. Not without a little wobble first I might add. The driver tried to haggle at the last minute and demanded a second opinion of the damage from a "relative who is good with bikes" after promising to pay up in full only a week earlier (I had then commissioned repair work!). I was having none of it after having already forked out for the report and all the inconvenience that came with being without a bike for a week.

I've taken the full £500 pounds and put it towards a full a bearing service, a new chain and cassette and replaced a snapped cable, I'm not too fussed for the cosmetic damage. After the repairs and cost of the report have a full £230 left over to put towards a new fixed-speed, I'm thinking of getting a Fuji Feather which I can collect next week.

Every cloud... :rain::wahhey::hyper:
 
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