New Bike rear-ended while on bike hitch :(

[cherinyc]

Hi everyone -
Some of you may recall that I was very excited to have recently won a new Mountain Bike off Ebay. Actually, I will have had it for 2 weeks tomorrow. I rode it on the Saturday of the Holiday wknd (sort of rode it - I fell a lot). Then I rode it again this past Saturday. I fell less often, but hurt myself more that time. :o
Anyhoo, on the way home from the ride this past Saturday, my FH and I's car was rear-ended with the 2 MTB's on the hitch behind. Obviously, the bikes took it for the team, my bike on the outside. My chain ring got bent to the point that it was grinding into my frame, and the back wheel won't spin. Along with that there were scratches on the frame of course. FH's bike was sandwiched between my bike and the vertical bar that was attached to the car hitch. His frame was crushed in.
Today, FH brought both bikes into a bike shop to see what the damage was. They said his bike was done for sure. (cost about $4000 with upgrades in 2004) and that mine could be repaired for ~$650. The replacement value of my bike would be around $900.
I am weary of having my bike repaired. I guess it is possible that nothing is wrong with the frame, but even if it's bent a smidge - won't that take a toll on it in the long run? It's a 2008 and I had only ridden it twice for godsake.:mad:

Any words of wisdom? Am I just being a worry wort thinking that my bike's frame could be compromised? Afterall, my bike was sandwiched between the hood of the Laredo that hit us, and FH's bike which was crushed.

Ugh!!! Any bike lawyers, or just really smart bike frame knowing people out there? Should I get a second opinion?

help

cheri

[Aggie_Ama]

I would go after the punk that hit you for new bikes. I think if you can document the parts that were on it and how much the bike would be new you might have a fighting chance. Yours should be easy to prove since it is a current year model. I would be worried about a repaired frame so make sure the shop telling you it can be repaired really knows their stuff. Never hurts to ask another shop and see if they are in agreement? Hopefully FH has plenty of pictures of his, if not have the bike shop write up the cost of that bike built with the damaged parts and hope for the best? Good luck!

[VeloVT]

Oh my goodness! I'm so sorry! That is terrible. I would be so upset.

Do you have renters' or homeowners' insurance? Your bikes (bikes=property) may have some coverage under that kind of policy.

I am not sure if I would spend $650 to repair a $900 bike.

Was there any damage to the car? Is that being covered by the bad person's insurance? If they have some sort of umbrella policy it may cover your bikes as well (though they are not going to volunteer that information probably). They caused a not-insignificant amount of damage to your property (other than the car) -- about $5,000. I would at least let them know this. I don't know the technicalities of what constitutes grounds for small claims court, but if they aren't prepared to make good on it either from their own money or from insurance, that is always a potential threat.

OK, I'm not sure I like the person I'm looking like in this post :eek:.

But these thoughts would probably cross my mind, depending on the exact circumstances of the accident, of course.

[cherinyc]

Actually, it was a little old lady who hit us, after being rear-ended by the guy behind her. 3 car accident. Fun fun fun. The guy who hit the little old lady is Asian and is here visiting for 5 weeks. He was driving a rental from Enterprise and said he got the insurance, which I assume he would have to - not being from the US.

I guess I am thinking of the frame like they tell you to think about helmets. If you drop your helmet, you should chuck it because even if it looks ok, the integrity could be weakened. Am I off for thinking the same about a bike frame?

[VeloVT]

I guess I would want to find out exactly what I could get from insurance before even thinking that far -- if the shop is willing to declare the frame totalled, will you get a check for the value of the repairs or replacement, for instance?

Personally, depending on how bad the frame looked, if the repair cost were that close the the replacement cost, I'd probably save up and get a new bike, unless that bike were my dream bike. But that's more an emotional response that a rational one.

[Zen]

I wouldn't trust that frame :(

[cherinyc]

I wouldn't trust that frame :(

I am glad that to hear that others would think that.

[Aggie_Ama]

Hmmm I wonder if it is like cars and at some point a percentage is considered a total loss?

Your renters/homeowners may cover it but I know my homeowners only covers theft, not wrecks but I asked about me wrecking it not some bozo rearending me.

I would try the search function, I know this has been discussed before in regarding to people actually getting hit on their bikes.

[Irulan]

Oh my goodness! I'm so sorry! That is terrible. I would be so upset.

Do you have renters' or homeowners' insurance? Your bikes (bikes=property) may have some coverage under that kind of policy.

I am not sure if I would spend $650 to repair a $900 bike.

Was there any damage to the car? Is that being covered by the bad person's insurance? If they have some sort of umbrella policy it may cover your bikes as well (though they are not going to volunteer that information probably). They caused a not-insignificant amount of damage to your property (other than the car) -- about $5,000. I would at least let them know this. I don't know the technicalities of what constitutes grounds for small claims court, but if they aren't prepared to make good on it either from their own money or from insurance, that is always a potential threat.

OK, I'm not sure I like the person I'm looking like in this post :eek:.

But these thoughts would probably cross my mind, depending on the exact circumstances of the accident, of course.



If it were going to cost 70% of the value of your car to repair it, your insurance would total it.

I'd talk to YOUR insurance agent. If the other driver is at fault, ultimately they pay the costs. If you have good insurance, they should take care of you and it is thier job to go after the other person. Typically the other guys' insurance is going to get away with putting out the minimum $$ on the claim - have your agent work FOR you on this. That is one of the reasons we pay them the big bucks!!

Don't we all have to carry some sort of property damage with our car insurance just for damaging other's property?

[SadieKate]

You need to find out about the "little old lady". She's the one who hit you. She was too close to begin with. I have no idea if there is shared responsibility with the driver who hit her.

Was there a police report? Get your insurance company involved NOW. Do not wait. Do not pass go. Call them tonight.

I'd be leery of a frame that was hit that hard, especially since it was between the car and your husband's bike which was totaled.

[SadieKate]

BTW, I had a Yakima Hitchfork rack folded upright on my Trooper and was rearended by a Ford Expedition at 20+ mph. The rack folded around the spare tire and it looked like the car was untouched. Not so. The I-beam inside the door was bent and the entire door had to be replaced and painted. About $3,000 later and now owning I think Yakima's last Hitchfork rack, I was good to go.

The trailer hitch left a very lovely hole in the grill of that brand spankin' new Expedition.

I was stopped in wall to wall rush hour traffic in an Isuzu Trooper. He "didn't see me?" My a$$.

Anyway, you need to check the small things on the back of your car. The tip off was that the back door wouldn't lock due to the bent beam.

[Aggie_Ama]

My husband was in the middle of a 4 car sandwich last year. He rear-ended a guy (call him car 2) who rear ended someone (car 1) and was rear-ended by a lady (car 4). The insurance determined he was to blame for the guy in front of him but the lady behind him had to pay for the rear end damage because she should have been able to stop. Screwy thing? The guy he rear ended immediately told the cop if my husband hadn't hit him he wouldn't have hit car #1. My husband did rear end the guy first but our insurance refused to pay for for car #1. But at first they were saying we would pay for 3 of the 4 cars. After reviewing it they said guy in car #2 should not have been able to rear end car #1 if he was using appropriate following distance/speed. So it may be little old lady's fault for your bikes and I am stereotyping but she probably carries enough insurance if she has a Laredo.

Those multicare rear end wrecks get really messy, don't file a claim with your insurance yet but you might want to talk to your agent ASAP.

[VeloVT]

Every time we drive in significant traffic with bikes on the car, I'm thankful for my roof rack... something to think about, if it would be compatible with your car... back when I was using a rear rack I was constantly nervous.

Of course, this is totally secondary to figuring out the bike issues...

[cherinyc]

FH and I both just said, "the chance of this happening with the rear rack never would've occurred to me before this happened". We both have tall cars, which make roof racks difficult. I am 5'5 1/2" and he is maybe 5'8".

I still think I would prefer a roof rack though. Except that I have to go under low clearance areas a lot. I can only imagine the damage of driving through a low lying cover and smashing the bikes that way.

This is why I love my Road Bike. I walk out my door with it, and when I get outside, I get on it. I ride, get home, and place it back on the stand. Lather, Rinse, Repeat. No cars involved, except the jerks who almost hit me:rolleyes:

[Blueberry]

Forgive my not remembering the details, but what material is your frame? If anything except steel, I wouldn't trust a repair. And I still think you should be able to get a new bike.

Ditto what the others have said on calling *your* insurance. It usually won't be a ding to you, and they can really help sometimes with negotiating the claims. May also depend on whether there were 2 impacts (did she hit you and then get rear ended again).

Good luck in any case!!

CA

[LoriO]

My questions is where you stopped at a light or stop sign when this happened or were you moving? If you and the old lady were stopped and the third car hit her and pushed her into you then I believe that the 3rd car is the one to be responsible for the accident.

If everyone was moving when it happened then that would probably change things.

Either way, I would write the bike off as a loss and make the other drivers insurance pay to replace it.

Getting rear ended with my bike on my tailgate hatch rack is always one of my biggest fears.

[SadieKate]

Who is at fault is a gray area but that is why you should always leave a safe distance between you and the car in front. When I was rearended, my car's bumper stopped about a frog's hair from the car in front of me. CHP officer was complimentary that in rush hour traffic I'd left that much space so that I wasn't also cited.

I've used a hitch rack for years and heard very few horror stories about bikes getting smashed that way -- and tons and tons of stories about the owners themselves driving bikes into roofs.

[VeloVT]

Yes, when I bought my rack the salesman told me a story about a friend who left his garage with a brand new custom Seven mounted on his roof.

:eek::eek::eek:

It's a horrific thought.

[7rider]

You need to find out about the "little old lady". She's the one who hit you. She was too close to begin with. I have no idea if there is shared responsibility with the driver who hit her.

Was there a police report? Get your insurance company involved NOW. Do not wait. Do not pass go. Call them tonight.

I'd be leery of a frame that was hit that hard, especially since it was between the car and your husband's bike which was totaled.

I was hit from behind by a guy in a Volvo who was hit by a pick up. The pickup pushed the Volvo into me. The guy in the pickup was found to be at fault by the police for the entire accident and it was his insurance who picked up the tab for repairs to my vehicle (actually, all 3 vehicles).

Bummer....foreign visitor...rented car...ouch.

[andtckrtoo]

Absolutely call your own insurance company. That's why you have them! They know much more about how to negotiate with the other insurance companies that you do. This accident was not your fault, and you need an advocate. They are also the ones to tell you whether or not your bikes would be covered. I know here in California, if the accident is not your fault, the insurance company cannot raise your rates.

[maillotpois]

Don't sign any release unless you are COMPLETELY satisfied with the outcome.

In order to push a middle car into you, that rear guy must have been going way too fast for conditions.

Talk to your insurance, explain the situation and make them help you chase. It is possible your UM/UIM coverage may be called into play if the Enterprise guy didn't get the insurance, so better to get them notified now.

Also your policy's med pay will come into play immediately, so if you suspect any injuries be sure people know that now.

[SadieKate]

I was hit from behind by a guy in a Volvo who was hit by a pick up. The pickup pushed the Volvo into me. The guy in the pickup was found to be at fault by the police for the entire accident and it was his insurance who picked up the tab for repairs to my vehicle (actually, all 3 vehicles).That's why it's such a gray area. You never know who will or won't be cited.

[cherinyc]

I heard the old lady say that she was given a ticket, so maybe the police thought she was too close even if it was the other guy who hit her. These situations (car accidents) are always packed full with gray areas. FH's truck slid on some ice this past winter and spun around, hit the guard rail...
He didn't hit any other cars and stopped on the side of the road. He got a ticket for that. I had no idea you COULD get a ticket when ice was involved...

Oh well, so I think FH is going to look for a second opinion on my bike. He went to a pretty high end shop (big Seven dealer) for the estimates on both. This shop charges $80/bike to do the estimates, then if you buy the next bike from them, or get the repairs from them - they credit that $80 towards whatever.

They have plenty of $4000 bikes they are prepared to sell, but I think they would actually make more money off me if they did the repair, then if they sold me a new bike worth ~$900. I've heard there is not much markup on bikes. Am I just making this up?

[Irulan]

ice--- oh yeah. "driving too fast for conditions". My son got one of those when he put my Subaru in a ditch.

[aicabsolut]

It depends on where you are and what the police decide. Either way, you should have the police report and the insurance information from both other drivers. The insurance company of whomever is deemed at fault should cover your bikes under their more general liability coverage, because they damaged your personal property in the accident. If the driver is underinsured, then it may be for your insurance company to step in, provided you have protection in your plan against incidents with uninsured/underinsured drivers.

Like others said, do not approve any insurance settlement amount until you get everything taken care of. The company may want some quotes from your bike shop for replacement value, because this would be the relevant amount.

[aicabsolut]

I've heard there is not much markup on bikes. Am I just making this up?

There's plenty of markup on bikes. The reason it may be hard to get discounts has to do with the volume of bikes they sell (especially the more expensive ones) rather than the profit they'd make per bike.

[sundial]

This shop charges $80/bike to do the estimates, then if you buy the next bike from them, or get the repairs from them - they credit that $80 towards whatever.

I've never heard of this before. Perhaps it's not common in the south.

[SadieKate]

It's very common for any shop to charge for a written insurance estimate if you didn't buy the item there originally. It's a lot of work to itemize, do market research and type up a written estimate. Doesn't matter if it's a bike shop or a jeweler.

[TrekTheKaty]

So sorry to hear about your new "baby." Hope the insurance companies do the right thing. (running to the phone to call the insurance company about our coverage)

[cherinyc]

Does anyone remember any threads about aluminum bike frame integrity after an accident? Even if they don't see some obvious cracks, is it possible to be sure the frame is not bent somehow?

[aicabsolut]

Dents and cracks should be fairly obvious, even if you need to get up close with a flashlight.

I'm nto sure if this works for aluminum or just carbon, but if you take a quarter and tap on the tube, a damaged part will sound different.

I'd carefully inspect the bottom bracket area, seat tube, downtube, fork, and chainstays based on your description of the other damage. Also check any point of impact that your bike made with the other bike.

[TxDoc]

I guess I am thinking of the frame like they tell you to think about helmets. If you drop your helmet, you should chuck it because even if it looks ok, the integrity could be weakened. Am I off for thinking the same about a bike frame?

This is horrible, I am so sorry for you! :(
You are thinking correctly about your frame. File a claim with their insurance for the replacement of the frames and of all components damaged. If your ring was crushed into your bike frame you may as well assume that the frame is damaged, and you should ask for a replacement. Being rear-ended you are not at fault and so they should cover all necessary replacements on both bikes without question.

[cherinyc]

I got a 2nd written estimate yesterday, and the Service Manager basically said that there is really no way to tell if the frame was NOT compromised. He said that due to the brittle nature of aluminum, there could be a safety issue - or - if the frame is bent in some unseen way, that it could lead to costly problems in the future. He also said it is a liability for him, b/c if he gives it back to me saying it's fixed and something happens....yada yada yada

So anyway - we submitted that estimate, along with my list of all the costs that went into the upgrades. It seems as though the insurance adjuster was fine with it, and is going to run with it.

Now it's just a matter of wwwaaaaaiiiiitttttttiiiinnnnggggg for the insurance companies to pay up.:rolleyes:

[TrekTheKaty]

Are they going to pay to "repair" the bike or "replace" the bike. I would push for "replacement" cost. Just because you bought it cheap, doesn't mean it will be cheap to replace. They should give you full retail replacement cost, since the LBS can't guarantee repair, which sounds like "totaled" to me!

[luvmypwds]

Oh goodness, that just plain sucks. I hope you get the $$ from your insurance company asap. If I were you, I'd probably get a new bike to be safe (as opposed to repairing your other one without being 100% sure whether the frame has been compromised).