Knocked Off Bike - What is the policy?

[LocknLoad]

Hello All,

 

Well on Friday I got knocked off my bike in Constantia. Driver was not paying attention and did not stop properly in Groot Constantia road.

He hit me at about 45 degrees on my rear wheel as he pulled into the main road. He had to drive me home but I made sure we stopped at the

police station and filled in an accident report.

 

This is the second time. Was knocked off in Sea Point about a year ago on my tri-bike. Then it was minor and the couple paid for the damage directly.

 

This time however I had to go to the hospital. Got a minor break on my right elbow. Don't think there is ligament damage but need

swelling to come down before doing more tests.

 

Some of my questions are:

There is damage to my bike and clothing due to the accident. Some of the parts appear still functional but are

badly scratched. What am I entitled to claim against? Levers and pedals are sold in pairs so does that mean I need to pay half

of the replacement?

 

The driver works for a logistics company and I spoke to his manager this morning who appears to not to know too much about the procedure.

 

Any help or guidance will be most appreciated.

 

Thanks and Regards.

[Tumbleweed]

Not clued up on insurance and gear claims, but check with your medical aid that they will pay for MVA-related medical bills.

[scotty]

Road accident should take care of medical bills, but be warned its a long process which the lawyers acting for the RAF drag out as long as they can (I'm waiting almost 3 years now). Some law firms work on a % of the claim but don't charge if its unsuccessful.Bike damage can be claimed from drivers insurance, but IMO if he does not have insurance then write it off as the hassle to to claim via the courts is very costly.

Edited April 4, 2011 by scotty

[AndreZA]

Second time, maybe look at the way you ride.

 

Just kidding, glad it's not serious. I would get one of those lawyers that Scotty mentioned. No money out of your pocket.

[Chubba]

I was knocked off my bike end of last year. Got the guys details and discussed with him upfront that i was taking my bike for full repair and that I would expect him to pay all damages for the bike and med bills.

 

Once all was repaired i gave him the invoice and the details of the bike shop for him to contact and discuss. Guy paid in full for everything and i ended up settling my med bills as it wasn’t that much.

 

Contact the guy and get a written response to pay for damages. If you get no joy then I would say go the legal route.

[intern]

When my Malawian worker got nailed by a logistics driver last year, I contacted the company, got screwed around, got nasty with them and insisted that they sort out the problem, wrote a potentially libellous blog (they were transporting Eukanuba I think, that dogfood which killed a few pets on account of having melamine added to increase the protein count...talk about ammo), they saw things my way and paid for the repairs to old Victor's bike.

Not sure that this is a prosaic way of solving the problem, but it sure as sh!t produced results.

[GrumpyOldGuy]

If you have insurance simply claim there, and your medical aid will cover your doctors bills.

 

If you dont have insurance, (and it was the drivers fault) speak to the logistics company, say this is your cost to repair your bike and send them a detailed account from a reputable store and ask them for costs, they will no doubt have insurance and can claim there.

 

If they dont have insurance or dont want to compensate you in any way you will have to either go to the small claims court or go to an attorney and make a claim for damages against them.

In my opinion rather try and be nice and friendly and discuss some sort of compromise, everyone always wants to litigate, litigate, litigate, but its not always appropriate or even necessary, especially in small claims like this.

 

If you are looking for extra compensation, pain and suffering etc, rather just forget it now, the SA courts have little or no sympathy for this cause and you will just end up losing money to get it carried through, work with your insurance and medical aid as first line, or with the logistics company to return you to your original position before the accident, the idea is not to enrich you, just put you back in the same position.

 

Good luck.

[LocknLoad]

Thanks to all that responded. I have already asked CWC and Cyclelab for quotes.

I only want my bike back to the same condition it was before he knocked me over.

 

However I'm still not sure on one thing that I was hoping those that have gone those insurance claims can comment on.

 

The right side of my bike took the brunt of the fall. Right lever, right pedal and rear derailleur all took damage.

They appear to be functional but are badly scratched. Surely I am entitled to get them replaced?

I see it no different that when a car has a major scratches on a plastic part - what can't be repaired to it's original condition should be replaced?

 

Am I wrong on this?

[GrumpyOldGuy]

Thanks to all that responded. I have already asked CWC and Cyclelab for quotes.

I only want my bike back to the same condition it was before he knocked me over.

 

However I'm still not sure on one thing that I was hoping those that have gone those insurance claims can comment on.

 

The right side of my bike took the brunt of the fall. Right lever, right pedal and rear derailleur all took damage.

They appear to be functional but are badly scratched. Surely I am entitled to get them replaced?

I see it no different that when a car has a major scratches on a plastic part - what can't be repaired to it's original condition should be replaced?

 

Am I wrong on this?

 

In a way you are right, but a lot depends on the insurance policy and its limits.

 

Usually if you are claiming from your own insurance, it should not be an issue, but if you are making a third party claim (ie) against the logistics company insurance you may need to show the damage was done by the accident and was not pre existing.

 

In all cases it will generally boil down to values, for example if the deraileur can be fixed or a good second hand part is available, the insurance has a right to decide to go this route, they dont HAVE to replace with new parts, but if its uneconomical to repair or not possible then naturally a new part is required.

Edited April 5, 2011 by GrumpyOldGuy