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.
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.

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!

[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.

[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.

[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.

[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!

[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 .

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

[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 .

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?