Club Ride & I was hit - Frame Broke..who pays?

[scooter38]

OK...out for my Club ride on my BRAND NEW Madone 5.2 (2011) 12.7 miles into the ride....and a guy hits me from behind...he goes down & his bars go into my rear wheel...& his bars strike my seat stay.....crushing it....!

This is the first crash I have ever been in since riding since 1990...so I have no idea how things work.

The issue is that the guy was talking to a girl & didn't pay attention & just plowed into me...I was doing 17...I assume he was 18 - 19.

So now I'm looking at $945 crash replacement...!

My question.....is the guy responsible for the cost since he was not paying attention & fully admitted fault...?

He did apologize.....but that doesnt help pay for the new frame.

Any thoughts on this issue....?

Thanks Scot

 

[Chapeau!]

The issue is that the guy was talking to a girl & didn't pay attention & just plowed into me...I was doing 17...I assume he was 18 - 19.

Its a no brainer.

Did he offer to pay for the frame?. Or does he expect you to pick the $945 from the nearest tree?.

 

[sd790]

That's part of the risk of riding with others. Man up and take care of your own misfortunes instead of playing victim. If you cannot afford to fix/replace your bike, you've already spent too much on it.

 

[Scotty_Dog]

That's part of the risk of riding with others. Man up and take care of your own misfortunes instead of playing victim. If you cannot afford to fix/replace your bike, you've already spent too much on it.

I completely disagree with everything you just said.

 

[sd790]

I completely disagree with everything you just said.

I'm hurt. Seriously, why be a victim? And why buy a bike that you cannot afford to replace?

 

[Scotty_Dog]

I'm hurt. Seriously, why be a victim?

The OP was riding along on a club ride and got rear ended by someone not paying attention. The other person admitted full fault. It was not an organized race, mechanical failure, etc. To me, it's no different than being clipped by an inattentive driver behind the wheel of a vehicle.

And why buy a bike that you cannot afford to replace?

That's even more silly than your "victim" argument. What if the same bonehead runs into his replacement bike? What about the replacement for the replacement bike? Ad nauseum.

 

[jhuskey]

OK...out for my Club ride on my BRAND NEW Madone 5.2 (2011) 12.7 miles into the ride....and a guy hits me from behind...he goes down & his bars go into my rear wheel...& his bars strike my seat stay.....crushing it....!

This is the first crash I have ever been in since riding since 1990...so I have no idea how things work.

The issue is that the guy was talking to a girl & didn't pay attention & just plowed into me...I was doing 17...I assume he was 18 - 19.

So now I'm looking at $945 crash replacement...!

My question.....is the guy responsible for the cost since he was not paying attention & fully admitted fault...?

He did apologize.....but that doesnt help pay for the new frame.

Any thoughts on this issue....?

Thanks Scot

First off, where are you since jurisdiction does matter and laws vary somewhat. Most states laws are based on compartive fault.It is almost always possible to sue for negligence.
Negligence can be defined as the failure to exercise reasonable care.
For this amount of money Sessions Court or small claims court would be the best alternative. Legal representation which can run into large expenses unless you got a buddy that will do it Pro Bono.
I suggest talking to the guy and explain your "theory of liability",why it is his fault, to him before taking any other action.
Maybe you can work it out.

 

[Funseeker]

Ignore? Just part of riding? Comments like that just have to be just to stir the pot to see what happens.

You've gotten some good advise. But, if the guy has already admitted fault (the apology) hit him up for the bill. While things are still fresh and confession remorse sets in get the money and move on with life.

But, do not delay. Confession remorse sets in fairly rapidly. But, even if the guy changes his mind, you can go the small claims court route; providing you got the documentation to support the claim because people's memories tend to be pretty fallible.

Just remember that the legal system is more about satisfying the rules for resolving conflict that giving "justice" for either of you. So, think carefully before proceeding.

 

[Chapeau!]

That's part of the risk of riding with others. Man up and take care of your own misfortunes instead of playing victim. If you cannot afford to fix/replace your bike, you've already spent too much on it.

What nonsense.

If I was driving a long in my car using a mobile phone & not paying attention to where I was driving & I clipped you from behind demounting you from your bicycle resulting in your bike being wrecked, Whats your state of thought?.


"That's the risk of riding", I proceed to get out of my car & say to you "Take care of your own misfortunes instead of playing victim".

Take a walk.

 

[jhuskey]

One other thought, find witnesses.

 

[roadhouse]

hopefully with the guy being a rider himself and already admitting that he was at fault, he will understand without any 'backlash' if you will and do the right thing on his own account. always nice to be able to settle disputes in a friendly manner and out of court.

good luck and let us know what happens.

 

[tonyzackery]

Right of responsibility is no different than an accident between two vehicles. Someone rearends your car - regardless of the value - you just gonna walk away and fix your own???

The OP sustained a loss through no fault of his own and the responsible party should pay willingly, otherwise take him to small claims. When racing you sign waivers and such (I've never read the fine print, but I presume these preclude you from suing the race organizer, not sure if these also preclude one's ability to sue a negligent racer), but on a club ride or out on the road amongst others one must exercise due care and caution...

 

[jhuskey]

As far as a hold harmless some courts don't recognize exculpatory contracts at all, I think Virginia is one.I have had considerable problems with courts excluding releases on minors even if a parent signs the waiver, citing that a parent cannot sign away the childs rights.
There is also the issue of negligence versus gross negligence and whehter a hold harless should apply.
There is also an issue of assumed risk. riding a bicycle is dangerous, you know, however it is not necessarily forseeable that you will get rearended. I am thinking that most of these contract are designed to protect the organizer and or sponsors and not other participants.
I'll stop here unless someone wants to hear more about my fascinating world of of insurance companies and lawyers.

 

[tonyzackery]

As far as a hold harmless some courts don't recognize exculpatory contracts at all, I think Virginia is one.I have had considerable problems with courts excluding releases on minors even if a parent signs the waiver, citing that a parent cannot sign away the childs rights.
There is also the issue of negligence versus gross negligence and whehter a hold harless should apply.
There is also an issue of assumed risk. riding a bicycle is dangerous, you know, however it is not necessarily forseeable that you will get rearended. I am thinking that most of these contract are designed to protect the organizer and or sponsors and not other participants.
I'll stop here unless someone wants to hear more about my fascinating world of of insurance companies and lawyers.

Some on this forum may not know but right after the NFL gig, I was an insurance claims adjuster/supervisor/manager with 4 different carriers over 13 years...

Indeed there are alot of variables to consider, but the OP should not get 'paralysis by analysis' here. This is a simple negligence matter with, hopefully, a simple resolution. Not even gonna broach the political issue within club if you have to sue another member, but $1000 is $1000 - not a drop in the bucket...

 

[jhuskey]

It hard for me not to jump in on something like this since I live it 5 days a week but you are correct. Get the estimate or repair bill, put it in writing and request payment from the dude in a nice way.

 

[aldocg]

Well it depends, if I crashed into someone and broke his $1000 frame I would have to sell a kidney to pay it(I'm not kidding).

I would be very sorry but there's no way in hell I could pay that amount of money even if given a 3 month+ timeframe.

It depends on his situation, though.

 

[scooter38]

Thanks for all the info and opinions.

Looks like things got out of hand here....money wasn't the issue.

I just needed an idea of cycling conduct with the matter at hand.



Scot

 

[Chapeau!]

Time to get serious Scot.

Not riding with guys/gals fluttering there eyelashes at one another.

 

[tonyzackery]

Thanks for all the info and opinions.

Looks like things got out of hand here....money wasn't the issue.

I just needed an idea of cycling conduct with the matter at hand.



Scot

LOL! You state in your original post, "So now I'm looking at $945 crash replacement...!" Now you say "money wasn't the issue"??? Not exactly following where you were going in starting this thread...

Yeah, if a frame cost me $94.50 and somebody wrecked it, I agree, then money wouldn't be an issue...

"Cycling conduct". Interesting term. I take it to be no different than conducting oneself anywhere else - you damage someone's property through your negligent conduct, then you should act responsibly and repair/replace said property. If you don't follow through on your free will, then the damaged person has the right to remedy...

 

[Funseeker]

Thanks for all the info and opinions.

Looks like things got out of hand here....money wasn't the issue.

I just needed an idea of cycling conduct with the matter at hand.



Scot

Like others now I'm confused. You were talking money before with a tinge of outrage. Now you seem to be more concerned about bike culture and possibly offending someone than being made whole. Please make up your mind.

My advise is still to as quickly as possible get the guy's formal agreement to pay and move to collect. If he doesn't have any money then you'll have to decide whether it is worth it to pursue assets and future income. But, whatever you do, do it now rather than later.