Insurance Claim Question

[Eugene]

Last week a guy in a bakkie tail ended me whilst I was training. He admitted liability and as he was driving a work vehicle, his employer has offered to put any claims through on his insurance.

 

My bike was structurally unharmed, except for a destroyed STi, a few minor scratches and 3 dents on the chain stay (an aluminium frame).

 

My lbs has told me that, their experience has shown that insurance companies will not replace the scratched parts or a dented frame as the bike is still structurally sound.

 

My opinion is that, I went for a ride on Thursday with a completely unscratched and undented bike and the insurance company must pay for those parts to be replaced so that my bike is once again completely unscratched and undented. I'm not asking for anything more than what I had before. I look after my stuff really well and I'm sure that any dents on the frame will severely compromise any resale value.

 

The total cost of replacing the frame and scratched parts amounts to R12000. The assessor will undoubtedly want to view the bike.

 

Has anybody on the forum had any similar experiences and has their insurance paid/not paid for any "cosmetic" damage? 

[Tumbleweed]

dents are not cosmetic. had an xtc frame and other parts dented and scratched. insurance paid out. beware though, some of those assessors are nazis. heard a story about lynette burger getting grilled for a coupl hours and accused of being in cahoots with a lbs owner to rip the insurance company off 

[Cruxpearl]

I've had similar experience and know a number of people that have had similar experience with Cyclesure.

[Sean Badenhorst]

You don't see a golfer using a dented golf club or a tennis player playing with dented racquet. Claim for the frame. A dent can only weaken a bicycle frame.

[Mudsimus]

I've had similar experience and know a number of people that have had similar experience with Cyclesure.

 

I can vouch for that. Their service is shocking. Telling a customer that a dent and a broken cable guide in a R20 000 frame is only cosmtic....bullcrap..

[steve]

A dent in any tube will weaken it.

 

Dents are sometimes used on purpose but a dent will alter both the torsional rigidity and bending properties.

 

The need for lighter, stronger, more rigid frames has led to complex hydroformed structural tubes to increase strength and decrease weight. Because of this today's aluminium frames are regarded as unrepairable once they've been dented or even severely scraped down a road enough to leave deep gouges in the metal.

[Willehond]

I have a friend who's Look carbon frame started to flex a bit and he went his Big Name LBS who wrote a letter to support his frame was damaged to the extent that it was unsafe.  They can't ignore that, if you notified them and something goes wrong, they are in deep doo-doo.

 

Maybe that will help?

[FanieFiets]

easy - rules are as follows:

 

The condition of insured item must be the same after the accident as before the accident. That means if it is scratched the must either repaired or replaced.

I claimed my dura ace pedals because of scratches, assessor was fine with it and afterwards I bought it back for R 100-00. 

[mdk555]

I am insured with Auto and General and in the past 9 weeks have submitted two claims and was paid out in full both times. The first one was 90% cosmetic damage but parts still usable and I was 100% honest about it. They never did a "material recovery" even though I advised them that the parts could be sold for a small fee. I have subsequently offered them to Pedal and her development crowd.

 

Second claim was for ripped clothing, shoes and broken helmet. This this time they did a  "material recovery" and took the un-uasable stuff away. Obviously they though I was taking a chance.

[stealth]

I had a small tumble with mainly cosmetic (scratches) damage to seat, STI, Derailler and clothing(tears). Cyclesure sent an assessor and replaced everything without question (R 6,500 damage). 

 

I also received after hour support on the evening just before Argus so I am extremely impressed with the service so far.

 

I also get full coverage during races (including personal liability) and practice so be careful to check the limit of the insurance coverage as most exclude races.

[Eugene]

Thanks alot, I feel alot better. From what you guys have said, it seems as if I will be paid out.

Now.......if I can just get this pelvis to heal, I can start riding again.

 

[Delgado]

Insurance works on the principle of indemnity which in essense means to place you back into the posiition you were in immediately prior to sustaining the loss net of any first amount payable. i.e. You did not have the dent and scratches prior to the "loss" 

 

The only concern I have with your post is where you state that the 3rd party admitted liability in this regard. As a word of advice to Hubbers never ever ever ever admit liability even though the fault may be 100% yours. If you admit liability you are in essence prejudicing your Insurers rights to defend any action and they are therefore within their right to repudiate your claim. Just state that you will notify your Insurers and leave it at that!

Delgado2007-09-04 15:14:32

[Sean Badenhorst]

And get some medical assesment of that hip, Eugene. I injured my arm in a freak accident at an appartment I rented in Cape Town last year when a cupboard fell on me. The owners offered to pay my medical bills, which amounted to a lot as the tendon had torn. It flared up again a few weeks ago so more medical treatment is required - and they will be paying! Often, an injury can seem minor at first, but can turn into something long-term and costly...

 

[Delgado]

And get some medical assesment of that hip, Eugene. I injured my arm in a freak accident at an appartment I rented in Cape Town last year when a cupboard fell on me. The owners offered to pay my medical bills, which amounted to a lot as the tendon had torn. It flared up again a few weeks ago so more medical treatment is required - and they will be paying! Often, an injury can seem minor at first, but can turn into something long-term and costly...

....quite right!! That is why it is also important to be carefull in signing a "full & final without prejudice" release form especially when it comes to bodily injuries!!

[steve]

my medical costs were nearly R1/2 million after a car accident in Portugal and now med aid and Int SOS say case closed even though there are still little things like joints that don't work so good and funny lumps and bumps I want fixed under warranty.

Med Aid always pays less than doctors, specialist  and surgeons etc charge so factor in things like that before you agree to anything

[Tumbleweed]

insurance companies suck. think i may have posted this elsewhere on the hub before, but i had a huge set-to with an insurance company when i got hijacked quite a few years back. after hearing nothing from the insurers for two weeks after submitting my claim, i phoned for an update. the woman laughed and told me that she had been "sitting on my claim" because they'd never heard of someone being taken off their bike at gunpoint before. i asked her for her fax number and sent her a copy of the star's story about what happened to me: how my best friend had phoned me, only to get hold of my attacker who informed him that they'd shot me, and left me for dead and now had my bike. my bud, thinking i was taking the piss and putting on a faux accent, called again to get the same treatment. only after kelly, my wife at the time, phoned and got the same did they realise something was amiss. and because they couldn't get hold of me for the next few hours - i was taken to a copshop where i was told i couldn't use the phone - everyone was in a state. made for good newspaper copy, wasn't so pleasant for all involved, though. insurance woman was aghast. got my cheque the next day.

 

also ... took the same company six weeks to decide to write off the beetle i totalled on the way to the induna this year!

 

and don't get me started on medical aid companies. too late. paid R25000 in medical bills so far after a collision with a taxi on my bike last year. about to hand over another R12000 for the final stages of getting the last five teeth replaced. so in the next two weeks, i should be looking less like a capie!