Dinged bike got crashed into (Insurance question)

**ThisSideUp** · 27th August 2016, 18:35

Hi guys and gals,

I'm sure you all have things to see and people to do, so I'm just going to try and keep this short.

Bought my first bike for cheap because there was already some pre-existing damage (on the right). Had a pre-purchase inspection done before buying, everything checked out, WOFed nicely, damage only cosmetic.

Here's the tricky bit, I was involved in an accident with the other person fully at fault (pulled out of a stop sign without looking) and there was damage on the left side of the bike (the side that looked shiny)

Their insurer came over to assess the bike, the assesser said they're not giong to cover the tank unless I go halves with them on it because of the existing damage from before looks worse than the one caused by The Biker-Eliminator 9000. Is this right?

Also, they might refuse to cover my kavlar jeans that saved my knee because I refused to walk around all day with massive holes in my pants and stitched it up after the accident (What?)

I am uninsured at the moment, but I get the feeling I'm being shafted here.

Thanks a lot guys. Looking forward to being part of the community here.

**G Nine T** · 27th August 2016, 18:49

The issue here is you are not insured ! If you where insured your insurance co would deal with the other party's insurance co , so bassicly you will have to take them to court !

**AllanB** · 27th August 2016, 18:57

What - typo? You last sentence says you are uninsured.

No insurer will not cover pre-existing damage. Thus the half tank solution, which is reasonable.

Trousers - hmmm interesting. You'll be covered but I am wondering if they were thinking they could just stitch patches or similar over the rips instead of replacing the pants. Or they are questioning if the damage was caused by the accident - did you take any photos?

**ellipsis** · 27th August 2016, 19:06

...welcome to the kevlar swallowing, gnashing teeth of KB...you are in for a walloping, bejesus, odin and St patrick can't save you now...

**ThisSideUp** · 27th August 2016, 19:34

Originally Posted by G Nine T

The issue here is you are not insured ! If you where insured your insurance co would deal with the other party's insurance co , so bassicly you will have to take them to court !

I hear ya buddy... Just gotta deal with the situation I'm in now as best I can. :\

Originally Posted by AllanB

What - typo? You last sentence says you are uninsured.

No insurer will not cover pre-existing damage. Thus the half tank solution, which is reasonable.

Trousers - hmmm interesting. You'll be covered but I am wondering if they were thinking they could just stitch patches or similar over the rips instead of replacing the pants. Or they are questioning if the damage was caused by the accident - did you take any photos?

Nah, not a typo, just an exclamation. Yeah, I sent them some photos of the damage and it conincide with the medical (part of a the whole disputes thing). I was just surprised they would go down that avenue considering it was the person who hit me that decided to drag this on for 6 months.

Originally Posted by ellipsis

...welcome to the kevlar swallowing, gnashing teeth of KB...you are in for a walloping, bejesus, odin and St patrick can't save you now...

< puts visor down >

**caseye** · 27th August 2016, 20:37

Originally Posted by ThisSideUp

I hear ya buddy... Just gotta deal with the situation I'm in now as best I can. :\

Nah, not a typo, just an exclamation. Yeah, I sent them some photos of the damage and it conincide with the medical (part of a the whole disputes thing). I was just surprised they would go down that avenue considering it was the person who hit me that decided to drag this on for 6 months.

< puts visor down >

Lesson one.
Insure your bike and your gear.
Lesson two.
if you haven't insured your bike and your gear the other guys are going to fuck with you.
'Lesson 3.Take their offer of going halves in the tank repair/replacement, push for replacement.
Don't take any shit about your kevlar jeans, they can't prove they wer'nt ripped in the accident, let them go all the way to court if you have to, but if it does they will lose.
Don't worry about the trolls and the doom sayers here in KB, most of em don't even ride anymore, too scared in case they meet up with cassina.

**Moi** · 27th August 2016, 20:43

Originally Posted by caseye

Lesson one.
Insure your bike and your gear.
Lesson two.
if you haven't insured your bike and your gear the other guys are going to fuck with you.
'Lesson 3.Take their offer of going halves in the tank repair/replacement, push for replacement.
Don't take any shit about your kevlar jeans, they can't prove they wer'nt ripped in the accident, let them go all the way to court if you have to, but if it does they will lose.
Don't worry about the trolls and the doom sayers here in KB, most of em don't even ride anymore, too scared in case they meet up with cassina.

+ 1

The only thing I'd add is: if you can't afford comprehensive insurance, at least have third party

... you don't want to have an accident which is your fault in which you hit someone's new car.

**ThisSideUp** · 27th August 2016, 20:47

Originally Posted by caseye

Lesson one.
Insure your bike and your gear.
Lesson two.
if you haven't insured your bike and your gear the other guys are going to fuck with you.
'Lesson 3.Take their offer of going halves in the tank repair/replacement, push for replacement.
Don't take any shit about your kevlar jeans, they can't prove they wer'nt ripped in the accident, let them go all the way to court if you have to, but if it does they will lose.
Don't worry about the trolls and the doom sayers here in KB, most of em don't even ride anymore, too scared in case they meet up with cassina.

Thanks, man. This is pretty much what I was looking for.

Not sure who cassina is, but I'll keep the rest in mind. Cheers.

Originally Posted by Moi

+ 1

The only thing I'd add is: if you can't afford comprehensive insurance, at least have third party

... you don't want to have an accident which is your fault in which you hit someone's new car.

**avimistry** · 27th August 2016, 20:52

I'd say going half on the tank is quite reasonable. I have no idea of the cost to replace or repair, but I'd say ask their insurer for quotes on both so you can decide which to go with. It is your money (half of it) after all.

As for the gear, you should've taken pics of the damage to the pants before stitching 'em up. Ideally, you wouldn't use 'em again as they are essentially evidence. I'd think if you settle on the tank, they might take it as good faith and do the pants.

**ThisSideUp** · 27th August 2016, 21:37

Originally Posted by avimistry

Ideally, you wouldn't use 'em again as they are essentially evidence.

That's what I told my boss when I got to work after the accident! But he told me to put my pants back on 'cause the look was "unprofessional". Haters gonna hate.

But in all seriousness though, yeh, I might go halves on the tank. In retrospect, I agree, pictures before stitching them up, but after the crash she said she'd take full responsibility and there would be no issues and I took the liar's word for it.
Grown-ass adult with grown-ass adult kids still trying to get out of responsibilities. Sigh...

FYI for anyone reading this in the future, ALWAYS TAKE WITNESS DETAILS, TRUST NO ONE.

**Mike.Gayner** · 27th August 2016, 21:44

On the tank issue, the insurer is being entirely reasonable - sounds like a good offer for both parties. Regarding the pants, just fight them, they'll cave.

**mossy1200** · 27th August 2016, 21:51

Take cash settlement for repair based on parts at new price buy good second hand parts and fix the damage yourself. Must be a few hyo second hand tank and fairing sets for sale. I would say a few died engine failures now.

**Akzle** · 28th August 2016, 05:13

what the fuck cunt

it's their job to fix your shit to pre-jewing state. if you want your shit fixed do what mossy said.
if you want to stick it to the man, then demand (as your within your rights to do) that they fix your shit. this relies on you being able to prove the state of things before this woman drove into you.
if they have to cut the tank in half and fucking panelbeat only the left side, then weld it together, then fucken make em. (im assuming hyoshits are made of real metal, not some kind of duct tape and metal filing faggotry)
they are obliged to sort out their victim, err, client's fuckups. jeans included.

when dealing with jews, it's not what you know, but what you can prove.

he-said she-said doesn't stand up in court so it doesn't matter if she promised you a blowie and a unicorn ride. unless you got it on tape.

**jasonu** · 28th August 2016, 05:43

Originally Posted by Mike.Gayner

On the tank issue, the insurer is being entirely reasonable - sounds like a good offer for both parties. Regarding the pants, just fight them, they'll cave.

Don't expect them to pay half the cost of a new tank. They will depreciate it and you will be lucky if you get 25% the cost of a new one.
As for the pants, what a bunch of miserable penny pinching jew cunts! I guess it is a NZ thing.