Legal Question in Personal Injury in California

Re: Bicycle Accident - Property Damage

You are entitled to a fair market value. To establish this there are different ways. One good method is to find an ad for a similar bike to sale and pick 3 average value. Please check prices on ebay or other online sites or ads in local magazine such as recycler, or other classified ads. If you have an injury claim as well, you may want to take a tougher stand and seek higher compensation for your injury. Contact our office to discuss different way to establish reasonable value for your loss.

Re: Bicycle Accident - Property Damage

If you were hurt in the accident, hire an attorney immediately. On the other hand, if your bike was the only casualty, then sue the insurance company. I am not sure what a "high end" bike is worth, but if it is $5,000.00 or less, then small claims should take care of your loss. If your bike was worth more, then consider a lawsuit in a limited jurisdiction civil court. There are certain organizations or websites that will assist you in filing a civil lawsuit. Perhaps another attorney can chime in on your question and help out.

Good luck.

Re: Bicycle Accident - Property Damage

You should tell the insurance adjuster to purchase a replacement bike just like the one that was damaged. This approach eliminates the hassle over the value of the bike. You should also check with local bike shops about the value of a used bike.

Re: Bicycle Accident - Property Damage

Contact my colleague Jeffrey Fleitman who focuses on motorcycle accidents. [email protected] He should be able to help maximize your recovery.

Re: Bicycle Accident - Property Damage

You are entitled to fair market value. If you are involved with other racers, or a club, ask members of the club to give you declarations about the value of the bike. You might also want to go back to the shop where you purchased the bike or a similar shop to get a quote.

Think of your bike as a vehicle. The insurance company owes you fair market value. For more tips on figuring out the fair market value, you can read my blog at www.calpiblog.com

Re: Bicycle Accident - Property Damage

I just resolved a case involving the exact same situation.

A cyclist with a Trek 5200 (customized with a Durace 10-speed groupset, Mavic carbon fork, Chris King headset, FSA carbon cranks, Spinergy Rev-X carbon wheels, etc.) was hit and his bike ruined. Resolution of the property damage issue requires you to educate the insurance carrier because they generally do not know anything about bicycles (or their value). However, even after you explain to them the value of your bicycle, they will low-ball you. Therefore, if you are not willing to sue their insured, you will likely have to settle for less than full value. The choice is yours. If you choose to sue them, you may want to consider small claims court because it is fast, easy, and inexpensive. (see http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm#howmuch)

However, if you sustained some physical injury (other than simple road rash), you will need to consult with an attorney.

Good luck. Give me a call if I can be of further assistance to you.