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CARBON FIBER BIKE©
REPAIR AND RECOVERY
By: Richard L. Duquette, Esq.
Let’s
explore several different options to recover for
damage to your carbon fiber bike. Its
heart breaking to see these works of art
damaged.
First, a little background on Carbon Fiber (CF).
The industrial fiber is called polyacrylanitrile
or PAN for short. Most CF has a tensile
strength/stiffness of 33 million pounds per
square inch. Alternatively, there is CF
pre-impregnated and reinforced with epoxy (Pre-Preg).
You probably know an engineer or two, ask them
to calculate the degree and
mechanism of force to see if your bike
accident was scientifically sufficient to crack
the carbon fiber. Or was it a preexisting
manufacture defect that gave out.
I’d also take a quick look at the warranty on
your bike. See what’s described and
disclaimed. Ordinary wear and tear is
often expected, whereas misuse of the produce is
not covered. Warranty coverage will
ordinarily depend on the disclaimer language.
Further, in light of the fact that carbon fiber
is touted as superior in strength, it might be
foreseen that a mere tipping over of the bike
(as opposed to an accident) should be covered
because you are not intentionally misusing it
and this accidental contact might not be
expected to shatter a 33 million per square inch
strength carbon frame.
Another factor to consider is the product
advertising. Business and Professions Code
Section 1700 et sec might afford you some relief
from sharp business advertising practices if the
product literature can reasonably be said to
cover your accident. Don’t push it unless
it’s clear from the literature your bike is
covered for minor mishaps. Advertising
representations must be fair. Now days,
class actions are commonplace and provide
deterrence and a consumer remedy for false or
misleading representations.
If your bike was damaged out of the use
and maintenance of your car, submit a
claim to your auto carrier. If no luck,
try reviewing your homeowners policy
for accidental damage coverage. Your agent
might help you. This might get you a new
bike frame set.
As a practical matter, analyze
the testing method used to diagnose your
damaged frame. Some non destructive
testing includes, ultrasound, x-ray, electrical
current/voltage, infrared, black light – paint
analysis and the good old human eyeball
inspection.
You might shop a second repair opinion by
calling Craig Calfee at 800.965.2171. He
repairs carbon as well. View his
website at www.calfeedesign.com
(photograph your bike before you send it out for
repairs.)
In any event, make sure you trash the bike, if
it gives you a high speed wobble.
I hope the above information will help you in
the event your carbon bike is damaged in an
accident.
Richard Duquette is a local Carlsbad, California
Personal Injury who, since 1983, has mixed law
with his love of bicycling and surfing from Baja
to Bali. He can be reached by
clicking here
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