# Bike accident and depreciation in GA



## jollespm (Feb 19, 2005)

I know this isn't ride related, but I'm looking for GA specific info.

I've recently been in an accident with a car and am in the process of working (fighting?) the drivers insurance company for restitution. I've been told by a friend/bike messenger that under Georgia state law that bicycles do not depreciate, but I don't know if that is true or not. Anyone have any specific knowledge of this one-way or another? It seems unlikely to me, but would guarantee an in kind new replacement as opposed to trying to find something comparable used.

I've looked in the forums and I'm not the only one going through this, but I seem to be up against an insurance company that wants to weasel out of replacement/reasonable value. Any advice you wouldn't mind sharing would be much appreciated.


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## Sadlebred (Nov 19, 2002)

You might want to post this at www.bikesbl.org. You are more likely to get a response.


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## johnbspinnen' (Mar 12, 2005)

*Get a lawyer*



jollespm said:


> I know this isn't ride related, but I'm looking for GA specific info.
> 
> I've recently been in an accident with a car and am in the process of working (fighting?) the drivers insurance company for restitution. I've been told by a friend/bike messenger that under Georgia state law that bicycles do not depreciate, but I don't know if that is true or not. Anyone have any specific knowledge of this one-way or another? It seems unlikely to me, but would guarantee an in kind new replacement as opposed to trying to find something comparable used.
> 
> I've looked in the forums and I'm not the only one going through this, but I seem to be up against an insurance company that wants to weasel out of replacement/reasonable value. Any advice you wouldn't mind sharing would be much appreciated.



I know its a dirty word...lawyer. But if you had an accident and are dealing with the insurance company on your own you are not standing on level ground. Far from it. I wouldn't get one of those ambulance chasing personel injury specialists, but if you ask around at LBS's you should be able to find the name of a reputable lawyer experienced with bicycle accidents. No I'm not a lawyer but I did have an accident about 6 months ago. Left me with a concussion, broken toe, broken ribs and a chipped bone in my neck. The (88 year old) lady driving the car was clearly at fault and got a ticket. The very next DAY her insurance company was calling me making offers. They said "We're just going to send you a form to sign so we can reimburse you." I got a 12 page document legal size printed on both sides. I had no choice but to get a lawyer, I certainly wasn't going to even attempt to read that. Even the a lawyer will take a cut of the settlement you'll still be better off than trying to fight the battle on your own.

But with regard to the value of your bike. Go to a bike shop and have them write an estimate on what it would cost to replace ALL the broken parts with similar replacements, included frame if neccesary. Thats what the person who caused the accident is liable for. This will in most cases come out at or near the price of a new bike (at some level). They should replace your bike with a bike in similar working order and repair without regard to depreciation.

My poor Cannondale bites the dust:





































If you're negotiating w/their company on your own at least threaten to get a lawyer and see if their tune changes.

Hope this helps


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## merckx56 (Aug 16, 2004)

Georgia depreciates automobiles and motorcycles, but not bicycles. It's a fine line though. Obviously if your road bike is some POS 15 year old junker, you won't get something that will replace it. Top of the line 15 years ago was $2500, now it's $5000 or more. If it's a two year old bike, you will likely get a replacement. Truth be told, there isn't a way to really come up with a depreciation scale for a bike anyway. Georgia does cars by the models year and mileage. Can't really do that with a bike...

When you sit down with them, make sure they understand that you can be gotten rid of for a price. I've sat across the table from folks that our insureds have hit on bicycles and flatly asked what it would take for them to go away.

I had a guy who got hit on his new carbon Giant two weeks after he got it. It was my insured's fault and the guy got a new Giant out of the deal. I even let him keep the old one!
He left happy and I cleared the claim.


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