How to get compensation for bike damage is an urgent question for bicycle accident victims who have lost their means of transport. Insurance companies may refuse to pay the full cost of bicycle repair or replacement, even with proper documentation.
A Chicago bike accident attorney from our team can help you with insurance claims, including those related to medical bills, temporary or permanent disability, and bicycle damage. We ensure that you receive full and fair financial compensation for everything associated with the bicycle crash.
The Cost of Bike Damage in Chicago Accidents
Buycycle, a leading cycle ecommerce store operating in Chicago, states that the typical bicycle rider should budget between $1,000 to $2,500 for a high-quality, everyday bike. Even a low-end cycle can cost at least $500, making them a significant investment.
Unfortunately, if your bicycle is totaled in a bike accident, it may need to be entirely replaced, especially if it was a high-speed crash. You deserve compensation for this property damage, as well as for any medical care you require after a collision.
Property Damage Claims in Illinois Bicycle Accidents
If a driver caused damage to your bicycle, you have the right to seek compensation from them that is in line with the cost to repair or replace it. This is called a property tort, which is a subcategory of tort law that covers intentional or negligent actions that damage someone else’s property.
According to Illinois statute §735 ILCS 5/13-205, you have five years from the date of the accident to sue for damage to personal property in bicycle accident cases. This is different from a personal injury lawsuit, where §735 ILCS 5/13-202 provides two years after the injury to file a claim.
Documenting Your Bicycle Damage
Insurance adjusters will need to see evidence of the bike crash in order to estimate how much your claim is worth. To do so, you need to have clear documentation starting as soon as the accident occurs. Follow these steps to ensure you can make an insurance claim.
Take Photos and Videos – You should document all angles of the damage and the overall bike accident scene. Do this as soon as it is safe to do so. If you’ve been seriously injured, ask a bystander to take the photos for you.
Document Damage to Other Property – Take photos of your helmet, clothing, and accessories directly after the bike accident. You should preserve all of this property, such as by placing it in plastic baggies or paper bags.
Keep the Damaged Bicycle and All Parts – Ensure the bicycle is in the same condition as at the accident. Do not get it repaired until your bicycle accident lawyer gives you permission.
Obtain the Police Report – Insurance companies will expect to see the police report before providing compensation.
Obtaining Repair Estimates or Assessing Total Loss
Injured cyclists should take their bicycles to a repair shop to get a professional estimate of how much it will cost to repair. Bike shops can also tell you whether the bike is a total loss and needs to be repaired. Insurance adjusters will expect to see this before they begin the claims process.
This repair estimate should include every expense related to the accident, which includes:
- Parts
- Labor
- Accessories
- Taxes
- Necessary modifications
- Any other associated costs
Filing a Property Damage Claim with the Insurance Company
In general, you will file a claim against the at-fault driver’s insurance coverage. Many companies now allow you to do this online. You will need the policy number, the insured’s contact details, and evidence of the accident.
The insurance company will expect documentation such as the police report, medical records and bills, bike repair estimates, photos and videos of the damage, and pay stubs showing lost wages.
If the reckless driver left the scene and wasn’t identified, or if they did not have insurance, you can make a claim against your own insurance. To do so, contact your agent, who can guide you through the claims process. Our law firm will help you decide which insurance company to work with.
To get compensation, you must prove that the driver caused the crash and you were not primarily responsible. This can be proven with surveillance footage, dash cam footage, crash reports, and witness statements. For example, if you were in a dooring accident, the driver violated Chicago Municipal Code §9-80-035 and can be held liable.
Negotiating a Property Damage Settlement
Insurance companies generally offer low initial rates in the hope that you will accept them without asking for more. This is why it is crucial to work with a bike accident lawyer who is familiar with what injured cyclists have received in similar accidents.
Lawyers will push for higher compensation by writing a demand letter that carefully details all expenses. They can show proof of the bike’s value through documentation of similar makes and models. They will also present the repair estimates and show that these costs are in line with what would be expected in a similar bike accident.
The insurance company will return with a counteroffer that is between your initial demand and their first suggestion. Then, you and your lawyer will determine whether to accept or refuse this and ask for more compensation.
Diminished Value Claims for Bicycles
No matter how good your bicycle shop is, a bike that has been in an accident will not function as well as one that has just rolled off the manufacturing line. Diminished value is the difference between a vehicle or bicycle’s market value before and after an accident, even after repairs.
The diminished value principle is used to argue for additional compensation beyond the cost of repairs because the vehicle is no longer worth as much in resale value. Because bicycles are generally considered cheaper and more disposable than cars, it can be challenging to argue for diminished valuation.
It can also be difficult to prove exactly how much the bicycle’s value has diminished, and there is not often solid evidence of a bicycle’s pre-accident value. This is especially true if you have made any modifications to the bike, such as swapping out the seat, replacing the chain, or putting on new brakes.
Additionally, cases like Martin v. State Farm Mutual Automobile Insurance Co. assert that the insurance company is not required to inform you that you can seek additional compensation for diminished valuation, especially if the claim is a third-party one.
For these reasons, you must work with a bike accident attorney who can advocate for you, ensuring that you get all the money you deserve for your damaged bicycle.
Why You May Need a Chicago Bike Accident Lawyer
Insurance adjusters do not want to pay you the full price of your claim, especially if you are working with the at-fault driver’s insurance. Thankfully, attorneys are highly skilled in working with insurance adjusters and will aggressively negotiate for maximum compensation.
Attorneys will thoroughly investigate the case to determine who is the at-fault driver, what laws they may have broken, and how the accident occurred. They will work with medical professionals to assess how much your medical care will cost, both now and in the future.
A skilled law firm will also use strong evidence to prove how much your bicycle is worth, such as reviewing MSRP for similar bicycles, estimating the value of any accessories, and calculating diminished value. By working with an attorney, you can ensure you have the best possible chance of getting a fair settlement.
Insurance companies have many tactics to avoid paying their fair share, including deceptive means like refusing to answer your questions or demanding additional documentation. Lawyers are familiar with these stalling tactics and can effectively counter them on your behalf.
Contact a Chicago Bicycle Accident Lawyer Now!
A bicycle accident is not only painful but also expensive, especially if you have a high-quality bicycle. With over 100+ years of collective experience, our attorneys will aggressively pursue compensation from insurance companies and ensure you get everything you are owed.
Our Illinois bike accident attorney team has earned over $450 million for our clients over the past 25 years. We’ve worked with more than 5,000 accident victims, including bicyclists, and have a 98% success rate. Through passionate advocacy, we protect your legal rights.
To schedule a free consultation with an accomplished bicycle accident attorney, call or email us today. We work on a contingency fee basis, meaning that you owe us nothing unless we earn you compensation.
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