Just a little addition regarding small claims court - it does cost $. I think in San Diego it costs $75 to file and then you have to serve it. You can have someone you know serve it for free (which you might be able to do), or if you have a process server do it, it costs about $50. So that is almost your settlement right there. Also, I want to second what the poster said about "actual cash value." people get confused about this, but what it really means is that they don't have to buy you a new one, just pay you for what the one you had - in its current condition - was worth.
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06-19-2011, 05:05 AM #1
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Trek Madone - 5.5 -Brooks B-17
Trek 2.1 WSD - Brooks - B-17 - Trainer bike;
Gary Fisher - Tassajara (MTB) - Specialized Ariel
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06-19-2011, 10:57 AM #2
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She's not charging for damages to the rest of her gear or herself.
I think she should just stop by sometime and speak to the wife. The husband has already offered to pay for half of the helmet & wheel (and truthfully if a new wheel & a helmet is only $200, they got off lightly - because I couldn't replace one of my wheels for $200), so getting them to come up another $50 or $100 shouldn't be too bad if you speak to the person that actually saw what happened.
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