I got t-boned on a crosswalk a few days ago by a car making a left turn. Light was green for both of us.
Already in contact with the other guy’s insurance, and I have bicycle liability insurance on my end as well.
Cops processed it as 物損事故, but I went to an ortho clinic to get some 湿布 as my back and neck hurt, and a hospital for a CT scan because I hit the back of my head and had some swelling. I gave the other guy’s insurance the information of the clinic/hospital and didn’t have to pay for the clinic, but the hospital refused to process the insurance (I went as a walk-in outpatient) and so I had to pay 200% for the CT out of pocket for now.
As for the bike, the wheels are out of alignment, brakes are jammed, and overall the bike’s scuffed around the wheels and pedals.
I took the bike to a nearby shop for an estimate, but as soon as I mentioned that it was involved in an accident they said that they wouldn’t be able to provide any warranties for any potential repairs. I ended up paying extra for their accident documentation package, where they’ll draft a list of all damaged components and take photographs. They told me they’ll likely say it was totalled (they told me this, I didn’t request that they do so), since they couldn’t be fully confident of the frame’s integrity. The fact that it’s a carbon frame/fork might have had something to do with it.
Which brings me to the issue–how much can I reasonably expect to get as compensation for the bike? The bike itself had an MSRP of around 2000-2500 USD, but that was back in 2011.
I got it used in early 2020 at below market price from a friend while in the US. The brand’s not that common around here, and my specific model was apparently never sold here. Their insurance is already talking about determining value via depreciation.
If they go by original manufacture date, then I’m worried that the value will be assessed at 0. If they go by my purchase date and my purchase price as a starting point, then I’d still probably get pennies.
Of course in an ideal world I’d like to get enough for a used bike of similar age and spec, but is that even possible? Is there any chance of getting them to assess damage by replacement cost rather than depreciation?
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If you don’t have bicycle insurance (required in most heavily populated prefectures) you’re boned.
Depreciation will start from purchase, so it’s based on whatever you paid and depreciation is 2 years. From what you said – still pretty much valued at zero.
The medical bills will be 80%ish on the other party, at least.
> Of course in an ideal world I’d like to get enough for a used bike of similar age and spec, but is that even possible? Is there any chance of getting them to assess damage by replacement cost rather than depreciation?
Nope. Law doesn’t work that way here.
>Of course in an ideal world I’d like to get *enough for a used bike* of similar age and spec
If they already stated that they’re using the depreciation method, the above is likely what you will get (plus or minus).
“Replacement cost” is different. That’s the cost to buy a *new bike* with similar specifications (or repairs to original / like-new specifications).