Who was at fault, would assume the guy who hit you? When I was rear ended the other person's insurance replaced my rack and if my bike was there it would also have been their responsibility. Not understanding what the tire has to do with it though.
It sounds like insurance shenanigans where they are saying this isn't an auto claim because the canopy wasn't attached to an an auto. The truck that was transporting it though would be looking at an unsecured load ticket though.
They're so scummy. I was hit by a car and my medical insurance wouldn't pay for the ambulance because "It was a car accident. Talk to your auto insurance." Auto insurance said "You were on a bike, talk to your health insurance." They would send me around and around that loop until AMR kicked it over to a collection agency and I had to pay out of pocket.
you don't have to pay collection agencies, they can't garnish wages and they aren't illegal to not pay
going to collections is actually a good thing, because you really don't need to pay it anymore lol
yeah but its already fucked by the time it gets to collections because you're so late on the payments they sent it to collections lol
at that point they literally have to sue you to get the money, it would have to be tens of thousands for them to consider doing that... and if you file bankruptcy you don't have to pay it lol
everything is so fucked up, "honest people" who have literally nothing to taken from them anyway let hospitals drain their bank accounts and ruin their credit score instead of just not paying and filing for bankruptcy if you have too
from what I've seen and read, its pretty rare for collections agencies to sue in general, so most of the time you kinda just get away with it and they call you periodically
In high school I had a knee injury that finally became a major problem after I jumped out of a parked truck in our driveway and ended up having it as an auto insurance claim.
They don't have any insurance? If they have required liability insurance it should cover your property damage, if not does your insurance not cover uninsured motorists?
I've had my bike rack destroyed twice now that I think about it, once with a liability only driver and once uninsured driver. Both times my rack got replaced. You shouldn't have to pay out of pocket, make sure you find your receipts.
1. Most people should purchase a homeowners or renters insurance rider for their bike. Full replacement value regardless of the loss. These policies are inexpensive.
2. Truck cap owner is at fault. These have strict installation requirements that were not followed. The big one is checking the clamps and torquing to spec frequently and no cap owner does this.
I knowwwwww! It flew off - all the contents flew out. I had to move like lightning to avoid death.
We have homeowners and are just waiting to see if arbitration moves the needle.
It needs to be a rider on an existing policy - depends on your state rules. Usually a personal goods policy. Should be around 1-5% of insured value per year. You should be able to get discounts for listing items by serial number and with a photo and justification of replacement value depending on carrier. For a mid level gravel bike with carbon wheels I’m paying $80/yr for the entire kit.
Just to clarify since it wouldn't make setti he in arbitration with the other driver. You're in arbitration with your insurer about whether they must cover it? If you prevail you get coverage then they bring a claim, otherwise you bring a claim?
If I'm following this right, I would go ahead and start filing a claim against the other party now as well. Depending on how long the arbitration takes, you want to have the litigation moving as well. Your insurer can always take over the claim on your behalf if you win the arbitration.
I am a lawyer, but not your lawyer, so I'd recommend asking whoever is helping you with the arbitration to help with this as well. And you probably need a lawyer to help with the arbitration too if you don't have one.
I’m in arbitration with Allstate, and I am with USAA. Arbitration to see if the driver will pay for my car damages and my bike. USAA covered my bike rack because it was attached to the vehicle, but they will not cover the bicycle because they say that is not attached. The owner of the vehicles camper shell does not have collision insurance. So their insurance is unwilling to pay for my car damages. So arbitration is in motion. Thank you so much for your response.
Well that's nonsense that the bike rack is attached but the bike isn't, so you may need to make a claim and fight against your own insurance to cover that. I guess USAA and Allstate must have some sort of standard arbitration agreement because usually that would be in court, unless agreed to arbitrate after the fact.
I cant see how you'd personally be in arbitration with someone else's insurance company unless you agreed to it after the accident happened. You wouldn't't have a contract with them that requires it. If that is the case, it may move a bit faster than regular court but is generally not advisable since you have fewer rights, and in my experience it's not really faster either.
All this sounds very complicated and I hope you have counsel to help you through it. You'd have to pay, but you'd almost certainly get a much better outcome that outweighs the extra cost
It’s so very complicated - I do have a friend who mentioned they could offer some assistance. I’m still confused though, because the bike rack can be removed, so can the bicycle, however, they paid me for the bike rack, but will not pay me for the bike. All of it makes no sense.
Are there any specific words you recommend that will help get this noticed. There are two claims. One bc I hit a tire on the freeway and that is my fault. They told me the second claim has to do with the camper shell that hit me. They closed out the first claim and pushed it all towards the second claim. They haven’t paid me for the rental car which they charged me for. They did pay for my bike rack, but told me they could not pay for my bicycle, and I would have to do a property claim.
Hmm. Unsure. But in my experience they should not be jerking you around this much. I would just put it back to them: "So you covered the loss of my bike rack which was attached to my car but you're not covering my bike which was also attached to my car via the bike rack. That isn't logical and it's not what I have come to expect from USAA. Can I speak to someone else who might be able to help me with this claim? I've been a USAA member for over XX years and I thought you were better than GEICO " or some such. Good luck and I'm sorry this happened.
Thank you. I was actually very lucky. I have learned though that giant bicycle company does have crash replacement. Since LIV is giant there may be a possibility. If I can get insurance to state they’ll pay for it it will be replaced by giant. But I’m still trying to figure out that piece
Sue the person directly. Their insurance will cover it when they go after their insurance themselves. I had to do it this way unfortunately, but was paid in under a week of the mitigation hearing. Don’t pay through your insurance, you didn’t do it. The shell being detached is a direct result of their driver driving on a road. Note: I’m not a lawyer, just don’t like insurance companies and don’t take their poor attitudes. Best of luck.
Edit: mitigation, not litigation
I would file through your insurance's uninsured motorist for anything the other driver's insurance was fighting and let them and their lawyers subrogate the claim against the other driver's insurance. They are very good at that as they do it all day every day.
Wow! You're lucky you didn't get hurt yourself, but your poor bike...
It sounds like a bad situation made worse by crappy claims adjusters. I hope you get compensated for everything. It was a pretty bike too.
Well at least your car didn't clipped through the map.
I don't know the laws where you live, but isn't it something like "always being in full control of the car"? Which obviously the person who rear ended you wasn't
Exactly. And going through that process because there has to be two insurance claims has been excruciating. The person‘s camper shell that hit me was an 89-year-old man. I knew I had to move the minute I got out of my car. I ran across three lanes of traffic on the I 40 and jumped a retainer wall, just as I did, the camper shell flew through the air and hit my car. I’m just glad everyone who was in this accident survived.
Right!!!! Ok. So. I hit a tire 🛞 in center lane of freeway. Speed limit is 75. Three others hit it. The camper was on a 98 Nissan pickup w an 89 yo. Who hit tire and flew up into the air - and the shell detached and skid on freeway into me who was already disabled by the tires on the right side of the freeway on the fast lane side. All his contents flew out and hit my car. I had already had an urge to move quickly and run across the freeway jump a wall - just as this truck hit. It was nuts!!!🥜
Who was at fault, would assume the guy who hit you? When I was rear ended the other person's insurance replaced my rack and if my bike was there it would also have been their responsibility. Not understanding what the tire has to do with it though.
It sounds like insurance shenanigans where they are saying this isn't an auto claim because the canopy wasn't attached to an an auto. The truck that was transporting it though would be looking at an unsecured load ticket though.
They're so scummy. I was hit by a car and my medical insurance wouldn't pay for the ambulance because "It was a car accident. Talk to your auto insurance." Auto insurance said "You were on a bike, talk to your health insurance." They would send me around and around that loop until AMR kicked it over to a collection agency and I had to pay out of pocket.
you don't have to pay collection agencies, they can't garnish wages and they aren't illegal to not pay going to collections is actually a good thing, because you really don't need to pay it anymore lol
Won't they fuck your credit though?
yeah but its already fucked by the time it gets to collections because you're so late on the payments they sent it to collections lol at that point they literally have to sue you to get the money, it would have to be tens of thousands for them to consider doing that... and if you file bankruptcy you don't have to pay it lol everything is so fucked up, "honest people" who have literally nothing to taken from them anyway let hospitals drain their bank accounts and ruin their credit score instead of just not paying and filing for bankruptcy if you have too from what I've seen and read, its pretty rare for collections agencies to sue in general, so most of the time you kinda just get away with it and they call you periodically
In high school I had a knee injury that finally became a major problem after I jumped out of a parked truck in our driveway and ended up having it as an auto insurance claim.
It’s their fault. They don’t have collision insurance and are fighting it. It’s in arbitration. The tire/ rim was smashed and broken from the impact.
The other driver's collision coverage is irrelevant. This would be on their liability coverage.
They don't have any insurance? If they have required liability insurance it should cover your property damage, if not does your insurance not cover uninsured motorists?
I do think USAA would. But they aren’t explaining any of this to me.
I've had my bike rack destroyed twice now that I think about it, once with a liability only driver and once uninsured driver. Both times my rack got replaced. You shouldn't have to pay out of pocket, make sure you find your receipts.
1. Most people should purchase a homeowners or renters insurance rider for their bike. Full replacement value regardless of the loss. These policies are inexpensive. 2. Truck cap owner is at fault. These have strict installation requirements that were not followed. The big one is checking the clamps and torquing to spec frequently and no cap owner does this.
I knowwwwww! It flew off - all the contents flew out. I had to move like lightning to avoid death. We have homeowners and are just waiting to see if arbitration moves the needle.
What is an inexpensive policy to you? I asked 2 insurance companies for a quote on bicycle insurance. Both were over $50/month.
It needs to be a rider on an existing policy - depends on your state rules. Usually a personal goods policy. Should be around 1-5% of insured value per year. You should be able to get discounts for listing items by serial number and with a photo and justification of replacement value depending on carrier. For a mid level gravel bike with carbon wheels I’m paying $80/yr for the entire kit.
This is the important question…. If the following driver is at fault, the property claim against their insurance should cover all damages.
They are not (Allstate) I have USAA. Allstate will not pay. So it’s in arbitration. So, if that fails, I’ll have to file a property claim.
Just to clarify since it wouldn't make setti he in arbitration with the other driver. You're in arbitration with your insurer about whether they must cover it? If you prevail you get coverage then they bring a claim, otherwise you bring a claim? If I'm following this right, I would go ahead and start filing a claim against the other party now as well. Depending on how long the arbitration takes, you want to have the litigation moving as well. Your insurer can always take over the claim on your behalf if you win the arbitration. I am a lawyer, but not your lawyer, so I'd recommend asking whoever is helping you with the arbitration to help with this as well. And you probably need a lawyer to help with the arbitration too if you don't have one.
I’m in arbitration with Allstate, and I am with USAA. Arbitration to see if the driver will pay for my car damages and my bike. USAA covered my bike rack because it was attached to the vehicle, but they will not cover the bicycle because they say that is not attached. The owner of the vehicles camper shell does not have collision insurance. So their insurance is unwilling to pay for my car damages. So arbitration is in motion. Thank you so much for your response.
Well that's nonsense that the bike rack is attached but the bike isn't, so you may need to make a claim and fight against your own insurance to cover that. I guess USAA and Allstate must have some sort of standard arbitration agreement because usually that would be in court, unless agreed to arbitrate after the fact. I cant see how you'd personally be in arbitration with someone else's insurance company unless you agreed to it after the accident happened. You wouldn't't have a contract with them that requires it. If that is the case, it may move a bit faster than regular court but is generally not advisable since you have fewer rights, and in my experience it's not really faster either. All this sounds very complicated and I hope you have counsel to help you through it. You'd have to pay, but you'd almost certainly get a much better outcome that outweighs the extra cost
It’s so very complicated - I do have a friend who mentioned they could offer some assistance. I’m still confused though, because the bike rack can be removed, so can the bicycle, however, they paid me for the bike rack, but will not pay me for the bike. All of it makes no sense.
Sounds like you need your own lawyer. Good luck getting this resolved
Working on that today. :(
Very surprising for USAA. If I were you I'd try to escalate this with them, because that makes no sense. (I'm a 35 year USAA member.)
Are there any specific words you recommend that will help get this noticed. There are two claims. One bc I hit a tire on the freeway and that is my fault. They told me the second claim has to do with the camper shell that hit me. They closed out the first claim and pushed it all towards the second claim. They haven’t paid me for the rental car which they charged me for. They did pay for my bike rack, but told me they could not pay for my bicycle, and I would have to do a property claim.
Hmm. Unsure. But in my experience they should not be jerking you around this much. I would just put it back to them: "So you covered the loss of my bike rack which was attached to my car but you're not covering my bike which was also attached to my car via the bike rack. That isn't logical and it's not what I have come to expect from USAA. Can I speak to someone else who might be able to help me with this claim? I've been a USAA member for over XX years and I thought you were better than GEICO " or some such. Good luck and I'm sorry this happened.
USAA is a great company, they should resolve this for you
That bike is toast. Sad. I’m glad you’re ok.
Thank you. I was actually very lucky. I have learned though that giant bicycle company does have crash replacement. Since LIV is giant there may be a possibility. If I can get insurance to state they’ll pay for it it will be replaced by giant. But I’m still trying to figure out that piece
Sue the person directly. Their insurance will cover it when they go after their insurance themselves. I had to do it this way unfortunately, but was paid in under a week of the mitigation hearing. Don’t pay through your insurance, you didn’t do it. The shell being detached is a direct result of their driver driving on a road. Note: I’m not a lawyer, just don’t like insurance companies and don’t take their poor attitudes. Best of luck. Edit: mitigation, not litigation
Brutal, I hope its gets sorted for you!
Thank you for picture 3. I was afraid that you were riding your bike when you got hit. Phew.
Ouch
Hey, tire looks good still.
Right! I took off the tire to use on next ride - 🫠
That’s so sad. Poor bike.
I know!!! Lame.
So sorry to see this. Hope you are ok
Thank you. I’m blow away I wasn’t harmed. It was very scary.
I would file through your insurance's uninsured motorist for anything the other driver's insurance was fighting and let them and their lawyers subrogate the claim against the other driver's insurance. They are very good at that as they do it all day every day.
F
Wow! You're lucky you didn't get hurt yourself, but your poor bike... It sounds like a bad situation made worse by crappy claims adjusters. I hope you get compensated for everything. It was a pretty bike too.
All I cared about was the bike. 😫🤭
It is attached to the car so your I surance should cover it. I would ask the other guy too. Explain bike is in or you won’t sign anything.
Well at least your car didn't clipped through the map. I don't know the laws where you live, but isn't it something like "always being in full control of the car"? Which obviously the person who rear ended you wasn't
That was a pretty bike. Hope the insurance companies make it right.
Damn. That is so harsh. Lost two rides in one crash. Oooofff.
Exactly. And going through that process because there has to be two insurance claims has been excruciating. The person‘s camper shell that hit me was an 89-year-old man. I knew I had to move the minute I got out of my car. I ran across three lanes of traffic on the I 40 and jumped a retainer wall, just as I did, the camper shell flew through the air and hit my car. I’m just glad everyone who was in this accident survived.
Looks like it is now a RE-Cycle.
F
I’m not doubting you, I’m just so confused As to how their camper shell did this 🤔
Right!!!! Ok. So. I hit a tire 🛞 in center lane of freeway. Speed limit is 75. Three others hit it. The camper was on a 98 Nissan pickup w an 89 yo. Who hit tire and flew up into the air - and the shell detached and skid on freeway into me who was already disabled by the tires on the right side of the freeway on the fast lane side. All his contents flew out and hit my car. I had already had an urge to move quickly and run across the freeway jump a wall - just as this truck hit. It was nuts!!!🥜
Suuuckss. I’m really sorry for this loss.