A Guide to Understanding Bike Damages Claims in New York
Our firm gets several calls or e-mails each week from New York cyclists involved in a crash, where their bikes were damaged or totaled. They call for advice on whether they need to hire a lawyer to pursue a property damage claim when a negligent driver causes damage to their bike. If the cyclist was injured in the crash, then our firm can and will help. It is our normal practice that while representing cyclists in their personal injury claim, we will gladly and aggressively pursue the claim for damage to their bike as well. This is a service that we provide free of charge when handling the underlying personal injury lawsuit.
If the cyclist was thankfully not injured in the crash, but wants to pursue a property damage claim, they most likely do not and will not need the assistance of a lawyer.
Handling the property damage claim should be relatively simple. By law, you are entitled to be compensated for the cost of repairs. If the bike was totaled and cannot be repaired, you are entitled to be compensated for the replacement value of your bike. Do not let the insurance company tell you that you should settle for a "depreciated" value of your bike. There is no such thing as a "Kelly Blue Book" for bikes.
It is our position that if a bike is no longer manufactured, and the closest or similar model costs more, the company is responsible to pay the increased replacement cost. They normally don't agree, but this remains our position, and we suggest you do the same. It's not your fault that your perfectly good bike is now trashed. Why should you have to pay more to replace it? Also, BEFORE you have any repairs performed, offer to make the bike available for the insurance company to inspect themselves.
If you were involved in a crash, we always suggest speaking to lawyer FIRST. Most lawyers, like our firm, offer free consultations. We also suggest contacting a lawyer before speaking to an insurance company. The statements you make to an insurance company are usually recorded. The adjuster may act warm and friendly, but remember that they are not your ally. The innocent statement you make may be detrimental to your claim later on.
Here our suggestions in how to handle property damage claim:
- Get the Police Report. This will give you all the contact information you need, and hopefully the driver's insurance information as well. If there is a witness on the report, contact the witness and ask that he or she provide you with a statement.
- Locate the driver's insurance company using the police report. A link to looking up insurance companies in New York is here: http://www.newyorkbikelawyer.com/Bike-collision/How-to-Identify-Insurance-Co-s.aspx
- Take pictures of your bike. The pictures should show the whole bicycle, as well as the individual parts that were damaged. We also suggest taking photos of serial numbers or other identifying labels or inscriptions.
- Get one or more estimates for the repairs. If the bike is totaled, try to obtain your original purchase receipt. Most bike shops are very helpful in this task, as they hope you will return to their shop to make your new purchase. If you can't get the original receipt, some insurance companies will accept a credit card bill. Internet searches are also helpful in obtaining the original and replacement costs of the Bike.
- Document other damages that you will claim. Did you make improvements to the bike such as bags, water bottle cages, bike computers? Was your clothing or were other items damaged in the crash? If so, you are entitled to be reimbursed for these items as well.
Once you have compiled all your evidence, you'll need to call the insurance company and file a claim. Do this as soon as you can. You should be provided with a claim number. Use this to identify your claim when calling and writing. After you send them the documentation, give them some time. Insurance companies are notoriously slow. Give them a call and ask if they received everything, and if they require anything else. Expect a call back within 2-3 weeks. They will usually tell you that they are completing their investigation and need more time. If you don't hear from them, call again to follow-up on the claim.
If the insurance company continues to ignore you, tries to lowball you, or flat out denies your claim, you can file a "Small Claims" lawsuit. If you are suing a NYC yellow taxi cab, plan on being ignored and move forward with the Small Claims suit right away. Each county in New York has a small claims court. In New York State, Small Claims Courts can hear disputes up to the amount of $5,000.00.
Links to the Small Claims Courts in New York City are here:
- http://www.nycourts.gov/courts/nyc/smallclaims/civilhistory.shtml
- http://www.nycourts.gov/courts/nyc/smallclaims/addresses.shtml
Small Claims Court is specifically for people with cases that might not warrant hiring a lawyer. Small claims courts are generally more informal, and often have relaxed rules surrounding evidence to make it easier for people to seek legal relief without representation by an attorney. When filing your Small Claims case, remember to sue both the driver and the owner of the vehicle, as in New York State, the owner is almost always responsible for the driver's actions. The owner is the one who holds the insurance policy for the car. You and the Judge will want a representative of the insurance company present in Court to be able to settle your claim.
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"Went above and beyond to get a favorable settlement"Dan and his team were quick to respond after my bike accident and went above and beyond to get a favorable settlement.- Jared
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"Daniel and his team made what was a stressful situation much less overwhelming"After being hit on my bike, Daniel and his team made what was a stressful situation much less overwhelming. Daniel himself explained everything thoroughly and I felt supported throughout the whole process with followup from his team. Super grateful to have found Daniel and wouldn't hesitate to recommend him.- Cody
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"Phenomenal Team!"The team here is nothing short of phenomenal. I reached out about my case on a Sunday afternoon from the hospital and we spoke before the evening was over. Since then, they have been happy to answer any question I have, and walked me through the entire process from handling my no-fault insurance to ultimately getting a settlement offer.
To any cyclist in search of a lawyer who understands the challenges of biking in this city, look no further than Daniel and his team.- Conor -
"I am grateful to her and her firm for their expertise and diligence."Almost 4 years ago I was struck by a delivery truck while on my bike and suffered a shattered wrist. Cathy Flanzig guided me through the process of bringing a suit against the company that owned the truck and the driver. Ms. Flanzig was professional and compassionate and realistic throughout the whole process. I am grateful to her and her firm for their expertise and diligence.- Kathe D.
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"Combination of legal expertise with a compassionate approach"If you are in search of a lawyer who combines legal expertise with a compassionate approach to client care, look no further than Daniel Flanzig and his team at Flanzig and Flanzig. From start to finish, Daniel not only holds an impressive depth of legal knowledge, especially in bicycle laws, but also a remarkable commitment to achieving the best possible outcome for me. Daniel took the time to thoroughly understand the nuances of my case, patiently listened to my concerns, and provided clear, concise explanations of the legal strategies available. This level of transparency and communication instilled a sense of confidence and reassurance during what was initially a daunting process. I highly recommend him for anyone seeking top-tier legal representation.- Runa R.
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"Supported me since DAY ONE of my 2.5 year journey!"Daniel Flanzig was with me on DAY ONE of my 2.5 year journey through the fractured legal system following a serious bicycle accident which left me with two broken wrists. The thirteen day hospital stay included surgeries on both, titanium plates implanted on both, and a severe challenge to my mental health and way of life. Unfortunately, I needed two
more surgeries on the significantly more damaged right wrist. Dan navigated me through the strained New York City Medical System, still struggling in late 2021 from the wrath of COVID. When the lawsuit needed to be moved to New Jersey, Dan seamlessly transferred the case to Joseph G. Hughes. Both men proved to be upstanding attorneys and outstanding human beings, emotionally invested in my traumatic, drawn-out experience, and committed to reaching the settlement deserved. After matters were resolved by Mr. Hughes, I received a call from Dan, closing this chapter of our time together, but cementing a lifelong connection filled with the utmost respect and gratitude.- Marty Keiser -
"Helped me through a difficult time with great results!"I recently suffered a grievous injury being struck by a drunk driver while cycling, when dealing with short-term disability, hospital bills, and all manner of associated paperwork I received care and support from the lawyers at Flanzig & Flanzig. Can't recommend their services enough, they really helped me through a difficult time with great results!- Brandon W.
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"Ever since my accident, they paid close attention to my needs & welcomed any questions."Exceptional lawyers with great client services. Ever since my accident they paid close attention to my needs and welcomed any questions. Any issue I had was met with a prompt response via phone or email. They made the process easy and produced results. I would definitely return if I ever needed their services again.- Efren V.
Why Choose Flanzig & Flanzig, LLP?
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Leaders in the Safe Streets Movement
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Committed Advocates for New York Cyclists
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Top-Rated New York Attorneys
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Dedicated to Helping Cyclists
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