[dklindsey]

I was riding on a public highway when I was hit from behind by a motorist. My fibula was broken among other assorted injuries. My question has to do with the property settlement. I was riding a 2003 TCR 0 which is the best bike Giant makes and has a carbon fiber frame which was damaged in the accident. The driver of the car admitted fault. My concern is that the bike I paid $5000 for in 2003 now costs $7000. What can I expect in a property settlement of this type.

[nikosmom]

You will get payment for your losses which is the value of your bike, not for the cost of a new one. The driver is only responsible to indemnify you which means to put you back in the same place you were before. So no, you don't get a brand-new bike.