Lid/gear compensation question???

Long story short i have recieved a cheque for my gear that got wrecked in the crash, but they have only paid out 75% of the agreed costs of the items as it "allowed for wear and tear and depreciation".

Most of the gear was new anyway, but surely the whole point is to enable me to get like for like replacements, which won't be possible unless i chip in myself. Just seems a bit of a **** take to me...am i wrong? Or is this normal?

The lid was the only item that was not really new, circa 1 year old, but surely as it was in good condition prior to the accident they should make good my losses and allow me to get one of similar value/spec. This also leads me on to another question...i paid £300 in a sale for it, but to replace it would cost more like £400...how much should i get...what i paid or what it will cost to replace?

Lots of Q's but hopefully some of you with the experience/knowledge can shed some light on the subject

Cheers Mark

Originally Posted by ASM-Forever

Long story short i have recieved a cheque for my gear that got wrecked in the crash, but they have only paid out 75% of the agreed costs of the items as it "allowed for wear and tear and depreciation".

Most of the gear was new anyway, but surely the whole point is to enable me to get like for like replacements, which won't be possible unless i chip in myself. Just seems a bit of a **** take to me...am i wrong? Or is this normal?

The lid was the only item that was not really new, circa 1 year old, but surely as it was in good condition prior to the accident they should make good my losses and allow me to get one of similar value/spec. This also leads me on to another question...i paid £300 in a sale for it, but to replace it would cost more like £400...how much should i get...what i paid or what it will cost to replace?

Lots of Q's but hopefully some of you with the experience/knowledge can shed some light on the subject

Cheers Mark

Good question. I'd be interested to hear any answers as I'm just about to make a v similar claim too.

In an unusual about turn from my usual flippant attitude to such things i want the whole 100% as that 25% reduction equates to £300-400.

Originally Posted by ASM-Forever

The lid was the only item that was not really new, circa 1 year old, but surely as it was in good condition prior to the accident they should make good my losses and allow me to get one of similar value/spec. This also leads me on to another question...i paid £300 in a sale for it, but to replace it would cost more like £400...how much should i get...what i paid or what it will cost to replace?

You bought a an almost $800 helmet?! Holy crap. I'd want to get full compensation too!

I don't get anything for ruined gear in a crash (the insurance company isn't liable for it). I'd be happy with 75%.... but not if I had a helmet with as much as your's. I'd just pray my ass off if I were you and hope for the best.

I hope it all works out!

Originally Posted by Posky

You bought a an almost $800 helmet?! Holy crap. I'd want to get full compensation too!

I don't get anything for ruined gear in a crash (the insurance company isn't liable for it). I'd be happy with 75%.... but not if I had a helmet with as much as your's. I'd just pray my ass off if I were you and hope for the best.

I hope it all works out!

I don't think ASM is trying to claim from his insurance company, I think he's claiming from the person who knocked him off his bike

Originally Posted by sarah

I don't think ASM is trying to claim from his insurance company, I think he's claiming from the person who knocked him off his bike

Indeed.

Completely off topic and at odds with my protracted legal wranglings...i have just checked my premium bonds online as i found some paperwork whilst searching my room and since 1994 have won 3 times!

Huzzah etc

Originally Posted by ASM-Forever

Completely off topic and at odds with my protracted legal wranglings...i have just checked my premium bonds online as i found some paperwork whilst searching my room and since 1994 have won 3 times!

Huzzah etc

good work, congrats

The principle of the law is to put you back in the position you were in, before the accident happened. It's open to interpretation, but I'd argue that means the same kit (or as near as damn it) as you had before. If you bought it in a sale, but it's now not in the sale, you need what it costs now to replace it. I got my textiles for £300 (sale and a deal on top of that and prior to a price rise) the exact same suit costs £500 now. If I was not in an accident I would still have the use of it. If I was in an accident, why the hell should I have to have a (vastly inferior) £300 suit?

To those who would disagree. What if you won your £400 lid in a competion. Should you get £0 for it when some numpty decides to pull out without looking?

[phil24_7]

Do you have any reciepts for your newer clobber? This would show them that wear and tear/depreciation would be negligable.

In my opinion you should get what it would costs to replace on a like-for-like basis.

I'm sure someone will come along to give you the legal low-down.