# So, today I got hit...



## voodooguy (Aug 18, 2007)

A 16 y.o. clipped me with her Corolla mirror this morning. Thankfully I am, considering, okay. Fractures in the wrist and some road rash. There is an apparent crack in the rear, non-drive side drop out. clearly, there is a new frame in my future. My questions are these: Cervelo has a crash replacement program, correct? Any details or experience with that is appreciated. 

2nd: I'm on a 54 RS (2010) w/ Campy Chorus 11. 2010 54's look quite scarce. I could have sworn I read somewhere that Cervelo will no longer offer the RS in a frameset only.... They will be configured. Has anyone heard this, too? On their web page it appears they are repeating the same configurations as last year: Frame only or an Ultegra build.

Any tips on dealing with their insurance company...?

Your thoughts and insights are appreciated...


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## Ghost234 (Jun 1, 2010)

Cervelo does offer a crash replacement on their frames. If they are out of your size in the 2010 collection, you may be pushed back until the 2010 rolls out. When that happens your shop should dismantle the bike, send the frame in, get it back, and build it back up. 

At least thats the policy at the shops where I live. 


Of course if you bought the bike second hand your out of luck on the warranty.


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## lucer0 (Apr 13, 2007)

Hire a lawyer.


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## mendo (Apr 18, 2007)

You had an accident report filled out, right?

The driver's insurance should cover your losses and medical bills.


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## voodooguy (Aug 18, 2007)

mendo said:


> You had an accident report filled out, right?
> 
> The driver's insurance should cover your losses and medical bills.



Oh you bet I did... this was ambulance ride for me... and she is insured...


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## Opus51569 (Jul 21, 2009)

First of all, glad to hear that, all things considered, you're okay.

Second, even if Cervelo does offer the RS as a frameset only... I don't think they offer the RS as a frameset only... _if_ you know what I mean... 

In other words, don't settle for just a new frameset if you can (and should) have the groupset too. JMHO.


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## JJNittany (Sep 18, 2010)

voodooguy....sorry about your hit....I'm not sure what it is going to take to get people to understand how close they actually get to cyclists before they cause harm and/or death...I live in Tampa and was reading one of the local social rags today....4 cyclists have been killed in Tampa Bay in the past two months...now three of the four were riding at night (albeit with light, helmets and in bike lanes), but at least one gets a full pass...the latest was a post-doctoral cancer researcher at USF heading home form her lab at 1:45 am...I ride on the rode 50 -100 miles a week, every other ride I am "buzzed" by a careless driver...culprit...female driver in a minivan, not the same driver/van combo but always the same MO....not sure if they are busy with their kids in the car, or they think bike lanes are an extension of their lane...it just amazes me that it is always the same...Not sure if the "give me 3 feet" "its the law" campaign can work, but something needs to be done...


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## voodooguy (Aug 18, 2007)

Opus51569 said:


> First of all, glad to hear that, all things considered, you're okay.
> 
> Second, even if Cervelo does offer the RS as a frameset only... I don't think they offer the RS as a frameset only... _if_ you know what I mean...
> 
> In other words, don't settle for just a new frameset if you can (and should) have the groupset too. JMHO.



Oh I hear you!


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## samh (May 5, 2004)

*accident report*



mendo said:


> You had an accident report filled out, right?
> 
> The driver's insurance should cover your losses and medical bills.


Accident report means you call& have to wait for polilce? What if you're injured (have to go to hospital)?
What happens if you dont fill out a report?


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## voodooguy (Aug 18, 2007)

For me, i was briefly interviewed at the scene and then the police met me at the hospital at the emergency room. They gave me a short form to fill out~ accident info exchange. But, the rest was via interview. I think you would always want to fill out a report, like you get side swiped and tossed, but not necessarily injured and they take off: file. You would need that if you were to make a claim against your homeowners or rental insurance.


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## filtersweep (Feb 4, 2004)

With all the budget cuts, it is becoming more and more difficult to find an officer to show up on scene to take an accident report. This will suck as it only gets worse.




voodooguy said:


> For me, i was briefly interviewed at the scene and then the police met me at the hospital at the emergency room. They gave me a short form to fill out~ accident info exchange. But, the rest was via interview. I think you would always want to fill out a report, like you get side swiped and tossed, but not necessarily injured and they take off: file. You would need that if you were to make a claim against your homeowners or rental insurance.


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## ewitz (Sep 11, 2002)

filtersweep said:


> With all the budget cuts, it is becoming more and more difficult to find an officer to show up on scene to take an accident report. This will suck as it only gets worse.


Their attendance at the scene is required in all accidents involving oersonal injury. If you want them to show up quickly the 911 caller should clearly stress that on of the parties suffered an injury as a result of the accident.


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## Tommy Walker (Aug 14, 2009)

Glad you are OK. Yes, Cervelo does offer the frameset or the Ultegra build in the RS. It appears that either your warranty or her insurance will be the answer.


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## Local Hero (Jul 8, 2010)

Don't even talk to their insurance company.


lucer0 said:


> Hire a lawyer.


This. At least consult a personal injury lawyer.


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## voodooguy (Aug 18, 2007)

Local Hero said:


> Don't even talk to their insurance company. This. You're a fool if you don't at least consult a personal injury lawyer.
> 
> I've worked for insurance companies and in private practice. A vehicle hitting a cyclist is often an automatic $5000-$10,000 payout IN ADDITION to medical bills and property damage.
> 
> I don't know why you would even consider buying just a frame or using your warranty. You should get a entirely new bike, helmet, kit, et cetera, all on their dime. Then you should get $5-10K - You should be compensated for your pain and suffering and time off work. And all your bills should be covered.


I am consulting with an attorney. I am not a fool... honest.
As far as using the "warranty," I'm interested in using the Cervelo crash replacement program (If it gets me what I want.) I figure this puts more in my pocket. I'm looking at an R3 w/ record.Yes, I am calculating my kit, helmet and even shoes, which got scraped up real bad where the leather meets the carbon. I'm keeping a list and checking it twice. I have lots of questions about how this comes down. I'll get those answered when I meet with my lawyer. 

Interestingly, the insurance company has not contacted me yet. It's been about 12 days. I'm wondering if the family didn't report the accident to their insurance company (which happens to be the same as mine)... I don't know, how long do they take before they call and try and wheel and deal???


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## Local Hero (Jul 8, 2010)

Hey I'm sorry about the "fool" comment. Looking back now I see that was a little harsh. I was just trying to emphasize the importance of getting some representation. You can call around, most PI lawyers will give you a free consultation and many will take your case on contingency. 

I hope you recover fully, both physically and financially. I hope you get a new bike, some new gear, and a $5,000 check. 

Good luck.


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## voodooguy (Aug 18, 2007)

Local Hero said:


> Hey I'm sorry about the "fool" comment. Looking back now I see that was a little harsh. I was just trying to emphasize the importance of getting some representation. You can call around, most PI lawyers will give you a free consultation and many will take your case on contingency.
> 
> I hope you recover fully, both physically and financially. I hope you get a new bike, some new gear, and a $5,000 check.
> 
> Good luck.


Oh hey, no offense taken... it's been an interesting experience for me on so many levels... so, some one cautioning me to not be a fool, is not a bad thing. I am in touch with a lawyer and, so far, I perceive him as being aggressive and very knowledgable. I fully expect to be properly compensated... I do appreciate your insights...


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## C6Rider (Nov 15, 2008)

*Please keep us updated*



voodooguy said:


> Oh hey, no offense taken... it's been an interesting experience for me on so many levels... so, some one cautioning me to not be a fool, is not a bad thing. I am in touch with a lawyer and, so far, I perceive him as being aggressive and very knowledgable. I fully expect to be properly compensated... I do appreciate your insights...



Unfortunately, many of us will be in similar situations in the future. Hope everything works out for you.


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## brujenn (Nov 26, 2007)

Local Hero said:


> Hey I'm sorry about the "fool" comment. Looking back now I see that was a little harsh. I was just trying to emphasize the importance of getting some representation. You can call around, most PI lawyers will give you a free consultation and many will take your case on contingency.
> 
> I hope you recover fully, both physically and financially. I hope you get a new bike, some new gear, and a $5,000 check.
> 
> Good luck.



Nice, Local. Not many forum users consider the tone of their postings at all, let alone recognize possibly offensive language. Keep up the good work. Maybe others will pick up on your example.


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