seeking damages for minor collision

Discussion in 'General Cycling Discussions' started by confusedcyclist, 18 Jul 2016.

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  1. confusedcyclist

    confusedcyclist Über Member

    Is it reasonable to expect a negligent driver to pay for new components to replace cosmetically damaged stuff after a collision? I ask as I was knocked off my bike by a driver who was either too impatient or too incompetent to look, use mirrors or indicate before left hooking me. Luckily I saw it coming and had already slowed to a crawling pace. My bike fared worse than me, luckily I walked away with a scuffed elbow only.

    My bike is still in working order, however the shifters/levers are torn up and knocked out of alignment, my recently applied bar tape and bar ends are torn and loose from the impact (its that pricey lizard skinz stuff). My seat was also snagged on the pavement along with minors scuffs on the pedals and quick releases.

    I'm taking it in to my LBS for a 'repair' quote, I agreed to settle and leave insurance companies out of it, providing the driver doesn't go quiet on me after the quote.

    We're probably talking £170 to replace all the damaged components. I said I would take £170 and do the work myself, but the driver insists on a quote (understandable, but it looks like they'll be paying labour now too.)

    Thoughts?
     
  2. If their willing to cough up without getting the insurance company involved why not, everything should be repaired as it was before the collision. If they start backing off just get the insurance involved, did you get all details just in case and were there any witnesses?
     
  3. fossyant

    fossyant Ride It Like You Stole It!

    Location:
    South Manchester
    Yes, any scuffs etc are claimable !!
     
  4. OP
    OP
    confusedcyclist

    confusedcyclist Über Member

    Stupidly, I didn't get the full reg, but I know the car make model, name address and telephone number plus multiple witnesses. So long as the address is legit, I could pop over for the full plates.
     
  5. classic33

    classic33 Legendary Member

    Easy enough check an address.

    When you get the quote, will you be taking the cost of the quote into it? I ask because you could get two, one where it's the parts only,you supplying the labour and the second with the shop doing everything.
     
  6. DCLane

    DCLane Found in the Yorkshire hills ...

    I'd do that. And if they mess you about tell them you're going through their insurance.
     
    HLaB and classic33 like this.
  7. classic33

    classic33 Legendary Member

    You okay?
     
  8. OP
    OP
    confusedcyclist

    confusedcyclist Über Member

    Oh yes, I just have a sore elbow.

    I didn't realise I would need to pay for the LBS to do a quote! I was hoping the LBS would simply cast their eye over the damaged components and give me a figure! After all, I arrived at £170 using wiggle!

    As the driver is insisting on a mechanic's quote, I'll in turn insist they pay any associated cost, plus get the shop to do the repairs as I cannot be bothered going backwards and forwards to the LBS (adds extra 6 miles to commute), if they hadn't insisted on a quote, I would have done the work and sourced everything online.
     
    Banjo likes this.
  9. Wetdog

    Wetdog Senior Member

    Location:
    Warrington
    Definetly
     
  10. classic33

    classic33 Legendary Member

    The insurance gets involved you might need the one you worked out for parts. It's normally two required.
     
  11. OP
    OP
    confusedcyclist

    confusedcyclist Über Member

    Ah, I see, thanks for heads up.

    The address was legit, spotted the car on google maps streetview, god bless the internet.
     
    classic33 likes this.
  12. classic33

    classic33 Legendary Member

    Pictures of the damage done to yourself and the bike?
     
  13. PhilDawson8270

    PhilDawson8270 Veteran

    I wouldn't show any quote for parts only. Let him pay for labour too, then take the cash and DIY. Will cover your inconvenience too, after all. Your time isn't free is it?

    If so, I have a job available ;)
     
  14. bozmandb9

    bozmandb9 Insert witty title here

    Location:
    South Oxfordshire
    My thought, is that the driver is a complete idiot. You are being extremely kind to him, and he should, metaphorically, rip your arm off, for a chance of getting away with a meagre £170. If he quibbles, I would certainly think about just going through insurance.

    If you went through ambulance chasers it would be at least 5 - 10 times that figure. In my view, any component which is not as it was, should be replaced with exact equivalents, and you should not be put out, either in time, or labour. I would go back to your LBS, and get them to price everything up, including labour, and the cost of the quote, and go back to him. At this point also include a figure for your time and inconvenience, to make the point that he cannot now expect to put you out further, having already wounded you. I would imagine the figure should be at least twice what he initially quibbled about. If he quibbles further, go through insurers (if you have BC membership, they will take care of it for you).
     
  15. I'd get in touch with a claims firm and see what they suggest, You're letting him/her off lightly. They might have a history of collisions that only points or a ban could remedy. When i got knocked off last year the motorist approached me as i lay on the ground begging me to let him pay for repairs. Too late said a witness, the police are on their way. It turned out he had 5 previous driving convictions. I ended up with 4 and a half grand after solicitors fees. You can do better than 170 quid.
     
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