View Full Version : Twunt knocked over my bike. Advice, pls
xwhatsit
25th January 2008, 21:42
Did a rare thing at work today, a delivery. Work in a restaurant on Parnell Rd. Anyhow, return from my delivery, and find that a large black 4x4 has decided to park in my work's loading zone. No matter, I'll park just behind the loading zone in the convenient little gap, as I have many times before. (This is all illustrated at the bottom).
All is well until I go inside. A couple of minutes later I hear a large `clunk' and go out to find my bike knocked over and leaking fuel onto the pavement. Man in black 4x4 is looking like a stunned mullet. Pull open door and abuse the shit out of him. Comes behind to look as I pull up the bike, says `sorry mate, I didn't see it'. Resist urge to pull his spleen out through his eye-socket. He says, `what's damaged? I'll pay for the damage'. His wife offers business card, I give him my name and phone number, I take down the registration number of the car too. At this point he changes tact, saying `you were parked illegally, that means you should pay. I can't see your bike in my mirrors'. This makes me quite angry and he goes back to saying `but I will pay for the damage'.
So anyhow, the bike was still rideable to get me home. However, a cursory inspection shows a shallow dent in the LHS of tank, lots of small dents and paintwork missing on the RHS of tank. RHS exhaust is scratched and dented, and in fact it looks like he might've killed the exhaust studs because now it leaks and makes a hell of a racket (and kills low-end performance to boot). RHS clip-on bent, brake lever bent, front guard twisted, front brake lever missing knobby bit (just after I replaced it with my spare, too). Tail section missing a bit more paint. Headlight rim has additional dings.
All in all, probably write-off material. I'm thinking about getting a list of what it would cost in parts, giving him that, tell him I'll do the favour of all the labour myself and he can pay for the parts (except for the exhaust studs, I fecked the LHS ones previously, so he can pay half or summat for a cylinder head shop to fix it). I'm not keen for it to go to insurance because of potential for write-off, and he offered to pay for damage -- except I don't think he realises how pricey it might be.
Where do I go from here? Should I contact my insurance company?
Cheers guys. I know my bike wasn't the nicest, prettiest bike around, but I've spent many long hours and money getting it to run and go and it's mine. Feeling fairly fucked off right now.
gijoe1313
25th January 2008, 21:49
Geez :angry2: The cheek of the guy! I hope they stand by their word and actually pony up the readies, it was their frikk'n fault after all!
:weep: Poor Natalie, it seems a saga of epic proportions and I hope you don't lose heart! Keep fighting the good fight!
EJK
25th January 2008, 21:54
What was that dick riding? BMW X5? Mercedes M-Class? :argh::mad:
Cruisin' Craig
25th January 2008, 21:54
That sucks.
If you present him with a huge bill, he'll refuse to pay.
If you present him with a small bill, he may pay, or he may just never quite get around to it while making all the right noises and promises when you actually speak to him.
My advice: contact you insurance company and do it by the book.
xwhatsit
25th January 2008, 21:57
2005 BMW X5 3.0I A SAV E53 in Black
Funnily enough, nearly all of the really close calls I have had involved black SUVs. Finally got me :laugh:
Yes, I'm worried about saying `that'll be $500-600' as he might tell me to fuck off. But if I go through insurance, they'll write her off -- I really don't want this. May see what he says first, get some quotes for bits and pieces.
Drum
25th January 2008, 21:58
... Should I contact my insurance company?.....
You're kidding right? Of course you should.
xwhatsit
25th January 2008, 21:59
You're kidding right? Of course you should.
Well I dunno these things, first ve-hickle, took me a while to learn how to use the gas pump when I first got her:blink:
Anybody got any advice on the me-parking-in-funny-place situation? I spoke to a random parking inspector once and he laughed and said `that's fine! Like your bike, by the way, I used to have a Superdream back in the UK...', but that is hardly worth much. However, does this upset the legitimacy of my claim? Can he say `oh he was parked illegally, therefore he's at fault' later on?
kiwibryn
25th January 2008, 22:00
Insurance may not write the bike off... get quotes and check with your insurance people what their policy is
AND KEEP A PAPER TRAIL!!!
Ixion
25th January 2008, 22:03
If they do write it off can you not buy back the "wreck". And then have insurance money as well to contiunue the blingification,
Bikernereid
25th January 2008, 22:03
I was in an accident (UK) and the person said that they would pay without involving the insurance company. I called my insurance company anyway and told them that she would pay out of her own pocked just to make sure that if the woman didn't pay my arse was covered.
I would get to the insurane company first to make sure that you get your side of the story across. Don't want your them contacting you to let you know that the other side have stated that you are liable as it was your fault!
Just my opinion.
EJK
25th January 2008, 22:05
2005 BMW X5 3.0I A SAV E53 in Black
OMFG I knew it! DICKS! They never use their invention so called "Reverse sensors" do they? Or are they just retarded? lol
DingoZ
25th January 2008, 22:05
Yup..... Happened to a m8 of mine the other day....:(
Best bet - contact your insurance company. If the worst comes to the worst at least they can fight it out to get the money.....
xwhatsit
25th January 2008, 22:07
If they do write it off can you not buy back the "wreck". And then have insurance money as well to contiunue the blingification,
In the mean time, I have no bike -- means catching the bus (much, much more expensive than riding a bike to work/uni) -- and of course, the mere fact I don't have a bike. Then I have to go through re-vinning, which may or may not be hell with such an old bike. Can see things coming out about rust on the frame or brakes being useless.
If I contact my insurance company, am I then obliged to go through with the full-on insurance process? Or can I just tell them, then get the guy to cough up whatever it costs me to fix it?
breakaway
25th January 2008, 22:08
Shoulda started cracking skulls.
Take him to hte cleaners. Make him buy you a CBR600RR or something :p
xwhatsit
25th January 2008, 22:11
Young GiJoe is on his way with camera and shit. Show y'all some piccies.
Hey, was that mofo allowed to park for at least 30 minutes in my work's loading zone? Whilst he's eating dinner in some other restaurant? Smartass telling me I've parked illegally.
I feel very sad now. Who will give me a hug and let me cry on their shoulder :(
McDuck
25th January 2008, 22:11
The person backing is ALWAYS at falt. 100% of the time.
EJK
25th January 2008, 22:14
Young GiJoe is on his way with camera and shit. Show y'all some piccies.
You mean NOW??? :blink:
I feel very sad now. Who will give me a hug and let me cry on their shoulder :(
Welcome aboard! We are in the same boat..... Well, but my stop is just few days away tho :sweatdrop:
Speedracer
25th January 2008, 22:18
had the same thing happen, parked my bike behind a car, lady gets in 2 minutes later and immediately reverses into it. Funny thing was there was plenty of parking space, I only parked it there cos I coasted after I ran out of fuel!!
She said "I hope your bike is ok" and then got the hell out of there as fast as she could. Almost ran me over while she was turning around (this was in Invercargill not Auckland!!)
It was a cheap bullet proof bike which had already fallen over a number of times, although this time it broke the clutch handle. Of all things, I found out she was trying to sell insurance to the business across the road, and they gave me her card lol
I nicked a clutch off my spare bike and in the end never called her up cos the $ wasn't worth my time.
Another time, I was with a couple of mates, we were taking turns on my bike while the rest of us rode in the car.
Anyway we got to Collac? bay and stopped just off the road for a leg stretch. and this hoon on a dirt bike goes by. Just before he gets on the road he opens her up and sprays gravel at the car, shattering the rear window!!!
We're a bit gob smacked, and I jumped on my bike and gave chase.
Got to the other end of the bay and waved him down. He stopped, and about a minute later the car caught up.
He was apologetic and promised to source a windscreen for us. I later on heard from the car owner that he kept making excuses and his promise never eventuated. This guy was on a $5000 dirt bike and didn't cough up for a $100 windscreen.
Good luck..
As others have mentioned, if you involve insurance they can battle it out in court for you if the person is like 99% of these people and will make lots of excuses and hope you go away. At least mention it to them and ask them what your options are, I'm sure they will be happy to talk.
Cruisin' Craig
25th January 2008, 22:19
Here's what I think:
I can almost guarantee you that in the time that's gone by this guy has already convinced himself it's not his fault and he shouldn't have to pay.
Contact the insurance company and find out if you'll be able to buy back the wreck. If you can, fine. If not, then you have a choice.
Either - claim your insurance and risk losing you bike if they write it off, but at least you get some money.
Or - try to get the money from the guy yourself and risk having to wear the cost if he doesn't pay.
For the record, I have taken the latter option in the past and I got nothing.
xwhatsit
25th January 2008, 22:21
Here's what I think:
I can almost guarantee you that in the time that's gone by this guy has already convinced himself it's not his fault and he shouldn't have to pay.
Contact the insurance company and find out if you'll be able to buy back the wreck. If you can, fine. If not, then you have a choice.
Either - claim your insurance and risk losing you bike if they write it off, but at least you get some money.
Or - try to get the money from the guy yourself and risk having to wear the cost if he doesn't pay.
For the record, I have taken the latter option in the past and I got nothing.
So I can't contact my insurance company (Kiwibike by the way), tell them what's happened and that the guy may pay me himself, and then if he decides not to, call insurance again and tell them to carry on with the process?
Ixion
25th January 2008, 22:24
Yes. I believe you can. Though you may have to argue quite a lot. Legally , you are under no obligation to claim on your insurance company. But there may be a gotcha, there may be a clause that says you must claim within a certain number of days or miss out
Wait and see if some of the resident insurance guys come along with advice.
McDuck
25th January 2008, 22:28
So I can't contact my insurance company (Kiwibike by the way), tell them what's happened and that the guy may pay me himself, and then if he decides not to, call insurance again and tell them to carry on with the process?
Let me put it this way. Even if it is a good insurance company they will not pay out if they do not have to. IE you tell them 'this happened, other party is playing ball' they will be as happy as a pig in shit because they will not have to pay any money out. When i ran into somebody (long story) i ended up paying for it outright and her insurance gave me a call to make sure i was going o pay for it (had already payed the pannelbeater for the work anyway) so all ended up happy. but it is worth them knowing now than telling them later.
Cruisin' Craig
25th January 2008, 22:35
So I can't contact my insurance company (Kiwibike by the way), tell them what's happened and that the guy may pay me himself, and then if he decides not to, call insurance again and tell them to carry on with the process?
Yeah, I'm sure you can. But if you do, please make sure you find out exactly how long you have to make the claim. You don't want to have this guy dick you around for three weeks just to find out you had to make a claim within seven days.
The reason I feel that you should just go with the insurance company is that you're going to have to get a whole bunch of quotes, give them to the guy, and get him to pay all quick enough so you can still make a claim if it goes pear shaped. But maybe you're right and it's worth a shot giving this guy the bill first. Just please make sure you know how much time you have available to you :-)
fredie
25th January 2008, 22:53
you and your bike is not a second rate peice of material. he reversed and not take care .NEG DRIVE . GET THE POLICE INVOLVED . NOW . HE WILL GET A TICKET FROM COPS :clap: it has happened too me many times. this guy in 4x4 reversed into my r1 . knocked it down went too drive off . i stoped him told him too get out . turn your car off . he was that scared he wanted too ring police:clap::clap: he claimed he did not look. then thought it was a pushbike:gob:just a fuckenn idiot:gob:. this other guy did the same thing .but he fully paid through with a check on the cbr1000rr:yes:he was a very decent guy ..in 4x4 aswell... other time this woman knocked down the bike . she said its a carpark bikes arnt allowed in it:gob::eek5:if you did not hear your bike falling over . he would of drove off .:bash:
xwhatsit
25th January 2008, 23:20
Some piccies, courtesy of GiJoe1313 -- by the way Justin, I stupidly overwrote P1000736.JPG, which was a rather good shot of the tank. Shouldn't trust my own coding routines for shrinking images :sweatdrop
Damage is mainly cosmetic on the tank/side panels etc. How much would a repaint/filling in the dents (and pulling out the big shallow one on the LHS) cost? $300 to paint a tank?
Cylinder head exhaust studs are a pisser. Might go to an automotive cylinder head lot, I'm sure they do stuff like this all the time.
Worked out all I needed to do to fix the clip-on was loosen the bolts off and rotate it back -- me==genius :laugh:
EJK
25th January 2008, 23:22
pffft! Thats a write off!!! :bleh::bleh::bleh:
just kiddn, ;) well it looks alright :yes:
xwhatsit
25th January 2008, 23:23
MOAR PHOTOGS <img src=foo></img>
xwhatsit
25th January 2008, 23:26
<img src=foo></img>
Steam
25th January 2008, 23:34
Whether the dick didn't see the bike behind him doesn't make any difference - what if it had been a small child behind him?? It's the reseponsiblity of the driver backing to check.
Your insurance will back you up. Um, or should, anyway.
xwhatsit
25th January 2008, 23:38
Alright. At a guess,
$50 cylinder head studs fixed ($25 of which is really my fault for the LHS lol)
$??? Tank/side panels/front guard painted and un-dented
Parts courtesy Econohonda (guessing again);
$15 rear brake lever
$10 front brake lever
$30 rear indicators
Parts courtesy who-knows;
$50 new rim for Suzuki Bandit 400 headlight
So... $155 plus $??? for repainting/undenting. I could live with the scratched side-panels, but they're all painted a weird non-standard metallic silver shade, so it might not match.
Plus, as you can see, my bike is filthy as hell. I blame this fucker, it's clearly his fault I haven't bothered to clean it in a couple of weeks. I think he might've graffitied my number plate too, there's black shit all over it. And I need a hot sensual massage from some gorgeous Japanese tart to compensate me for my ongoing stress-headaches.
justsomeguy
25th January 2008, 23:39
If you can PM Grahameboy or ring him first. He knows about insurance matters (professionally).
Failing that contact your insurance company first thing tomorrow morning and tell them what happened.
Had the same thing happen to me too on Broadway, New Market. There's a thread on here somewhere I started similar to yours. My bike was fine and a piece of shit so I didn't bother and the lady was one of those bitches who drive SUV's.
Sorry about your bike, it is a lovely machine.
You and that insomniac GiJoe should sort something out - best of luck.
gijoe1313
25th January 2008, 23:47
Good grief! I ride home on Daisy, and theres already a novel in session! :lol: I was going to buzz by Trump Lady's place, but realised I'm the only mad biker to be zootling around at this time of night! :innocent:
As for the photo, just as well I still got them on the camera! :stupid:
I'll get it to ¥ou when its sensible! Oh yeah, went to fill up at my trusty BP tonight and I strike the only plonker who won't allow me to fill up my bike...
"I cannot be filling your bike unless you give me an amount.."
"uh dude, I come here all the time and at all hours of the morning and everyone else normally just switches it on!"
"I cannot be filling ..."
"I'll be back ..." :rolleyes:
Big Dave
26th January 2008, 00:01
Here's what I would have done.
Got his name and registration.
Say thanks - my insurance will be in touch.
Go inside and call the police and report it.
Call the insurance company in the morning.
You've paid the premiums huh? Why would you even hesitate?
It's an old machine Xey. Not worth dicking around with obviously stupid fuck-knuckes over.
Grub
26th January 2008, 00:03
So I can't contact my insurance company (Kiwibike by the way), tell them what's happened and that the guy may pay me himself, and then if he decides not to, call insurance again and tell them to carry on with the process?
Yes you can ... and you must! That's exactly the way it will pan out. They're really good to talk to, they have no wish to embark on the whole claim process if you can get the money for them. For them to get involved they have to spend time on it, pay assesors etc etc
They'll want to know so that they can stich the guy up for liability if it all goes south and they will want to know now .. today!
xwhatsit
26th January 2008, 00:09
Call the insurance company in the morning.
You've paid the premiums huh? Why would you even hesitate?
It's an old machine Xey. Not worth dicking around with obviously stupid fuck-knuckes over.
I've only got 3rd party. Didn't seem worth insuring such a low-value bike at the rates they wanted.
Thing is, I've got this dumb affection for the machine. Planned on keeping it for good after upgrade and all of that.
MaxB
26th January 2008, 00:15
That sucks, shame about your bike.
+1 on ringing the insurers. Can you imagine when bozo gets the bill and refuses to pay the insurance saying why didn't you tell us earlier? Remember it is in the X5 blokes interest for all this to go away. Don't expect him to give a shit about you or your bike despite what he says.
Now is the time to look for as many witnesses as you can find.
Also most insurers will allow you to buy the wreck back with a cash adjustment.
Big Dave
26th January 2008, 00:16
I've only got 3rd party. Didn't seem worth insuring such a low-value bike at the rates they wanted.
Thing is, I've got this dumb affection for the machine. Planned on keeping it for good after upgrade and all of that.
Ahh ok - forget all that then.
You have to pursue his insurance co like your insurance co would if you had one.
Get the quote and send him the note.
gijoe1313
26th January 2008, 00:33
And somewhere, the biker gods watch down on the mere mortals, slumbering their nocturnal dreams ... infused with the spirit of the ride and casting afflictions of machines masked by maintenance issues, crumpled in unplanned departures from those lanes of freedom, some spirits to take into their halls, assisted by Valkyries riding cruisers to pillion their charges to the Biker Gods stables ...
Alas, a choral note sounded clarion clear, collecting the crashed constituents of those elegant two wheeled preambulators!
Poor Xerxesdaphat, another paean of will over adversity writes its mote in his soliloquy of an emerging biker legend. Go ye well and rest your head, stir not more in this toil of your saga.
Tomorrow chimes in another day, to arise phoenix like and to joust with those who dare to deign to desecrate your god like ability to ride with freedom!
Wiki Drifter
26th January 2008, 00:38
damn that sucks dude, I just realised that CB250RS on Parnell road is yours. I see it every single time I go past that place... good luck in sorting this out :blank:
Big Dave
26th January 2008, 00:46
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rwh
26th January 2008, 01:28
On the subject of the legality of your parking ... the loading zone finishes behind the 4WD, so you're not in that. There appears to be a broken yellow line where you're parked, but ...
A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of a roadway where the road controlling authority has marked a broken yellow line parallel to, and at a distance of not more than 1 m from, the edge of the roadway.
I'm thinking that line is more than 1m from the edge of the roadway?
Though I don't think it really matters anyway; illegally parked vehicles don't offer an excuse to run them over.
Also, IANAL.
Richard
Mole_C
26th January 2008, 08:49
I can't see your bike in my mirrors'.
Opps sorry lady, I ran over your small child. I couldn't see her in my mirrors.
Matt_TG
26th January 2008, 09:07
Contact your insurers and lodge a claim. Go and get a quote to fix it from a repairer, so you know how much the value of repairs are, parts and labour.
Insurers involve assessors to establish whether the repair cost is reasonable, the assessor fee would be $300 ish, you don't pay this and insurers won't sting you for it if you pull out of the claim.
It doesn't always transpire that a bike will be a write off, if the cost to repair is less than the market value of the bike it would still be economical to fix, however they will take into account what the salvage would be and what you insured it for to work out whether it's in their best financial interests to call it a total loss or fix it.
Insurers will get pre accident valuations (and pay for them, usually $35-40 a pop) to see what it was worth before the accident.
You can always withdraw the claim if you get compensated elsewhere without it affecting any premium / no claim bonus.
If the third party doesn't pay then you have documentation of the process, costs and value, and can proceed with insurers, let them have the hassle of chasing the at fault third party, and if they write it off you could retain the wreck.
Hope this helps!
Big Dave
26th January 2008, 09:12
What claim? - He only has third party insurance. (as I would as a student on a 1980's Honda) - but His bike is not insured. It's only insured for the damage it does to someone else.
(unless this means something different in NZ?)
From westpac:
Third party cover
You’ll need help if your vehicle accidentally damages someone else’s property - say their new car (hopefully not their house!) Third party cover won't pay for the damage to your car, but it will cover your liability for the damage to their property for which you are liable.
jafar
26th January 2008, 09:26
The deal is that the BMW hit a stationary object , that alone puts him in the wrong, wether you were parked legally or not is irrelevant . Your insurer may come to bat for you if you show them the facts. This does depend on the insurer. Put the claim in anyway, it will be his insurance that has to pay due to him being @ fault & admitting it !!!!
jafar
26th January 2008, 09:30
What claim? - He only has third party insurance. (as I would as a student on a 1980's Honda) - but His bike is not insured. It's only insured for the damage it does to someone else.
(unless this means something different in NZ?)
From westpac:
Third party cover
You’ll need help if your vehicle accidentally damages someone else’s property - say their new car (hopefully not their house!) Third party cover won't pay for the damage to your car, but it will cover your liability for the damage to their property for which you are liable.
the claim is against the BMW drivers insurance, not the biker's
As the bmw driver has admitted that he is in the wrong & he did indeed hit a stationary object then it is his insurer that is coughing up the big bucks :jerry:
Matt_TG
26th January 2008, 09:30
Yes, if you don't have comprehensive cover the goal posts move a bit....
You then become an Uninsured Third Party, and can push things with the car driver's insurance (and going on how many UTP's we get it's not uncommon, but don't expect the process to be quick for you).
Cruisin' Craig
26th January 2008, 10:29
It seems to be a common misconception that illegally parking a vehicle gives others the right to damage them. Total justice here would be for her to pay for the damage, and the motorcyclist to get a parking ticket. I reckon she's gonna have a hefty bill to pay.
Ixion
26th January 2008, 11:17
On the subject of the legality of your parking ... the loading zone finishes behind the 4WD, so you're not in that. There appears to be a broken yellow line where you're parked, but ...
I'm thinking that line is more than 1m from the edge of the roadway?
Though I don't think it really matters anyway; illegally parked vehicles don't offer an excuse to run them over.
Also, IANAL.
Richard
That broken yellow line isn't a no parking line.
Why do you think the loading zone finishes behind the 4WD? It's a zone, with a praking space and a bit of extra space. Subject to seeing the signs, I'd say the persian gentleman was parked in a loading zone, which is completely legal because he was delivering goods.
xwhatsit
26th January 2008, 11:21
Was wondering about the twunt's parking. IIRC, the sign says nothing about `loading zone between hours of xxxx and xxxx'. Was he even allowed to park there?
Not that it really matters, but I'd like some ammunition.
delusionz
26th January 2008, 11:30
They always have a change of heart when they realise a motorbike costs alot of money to repair.
In my example where my bike was knocked over with me on it, After my insurance company tried to re-claim my excess that they waved, The bitch refused and said she was going to defend the charges (dangerous driving causing injury).
U turn across a right turn bay without being in it already? Yeah right bitch
Ixion
26th January 2008, 11:32
Was wondering about the twunt's parking. IIRC, the sign says nothing about `loading zone between hours of xxxx and xxxx'. Was he even allowed to park there?
Not that it really matters, but I'd like some ammunition.
?. Do you mean that he was not delivering goods ?
cold comfort
26th January 2008, 12:15
That sucks.
If you present him with a huge bill, he'll refuse to pay.
If you present him with a small bill, he may pay, or he may just never quite get around to it while making all the right noises and promises when you actually speak to him.
My advice: contact you insurance company and do it by the book.
This man is 100% on to it. My own experience of being on the receiving end of someones stupidity is they always become amnesic later. VERY low probabilty of recompense. I will ALWAYS take the official line now. If it involves a traffic violation (ie not giving way etc) always call the cops.
Some stupid cow nearly killed me one day (would have munted my leg if i did'nt lift it out in time) promised to pay for the damage, instead sent her wrestler boyfriend to threaten me when i tried to remind her
Cache Wraith
26th January 2008, 12:49
..... Pull open door and abuse the shit out of him. Comes behind to look as I pull up the bike, says `sorry mate, I didn't see it'. ...
Sorry mate, you lost my sympathy as soon as I read the above. Don't care who was in the wrong, that's the sort of shit the makes things worse and solves nothing. Had a guy in a 4x4 back into a very nice BMW convertible I once owned. he said sorry mate, I didn't see it. I was highly gutted but didn't resort to abuse. He was a decent bloke WHO JUST DIDN'T SEE IT.
xwhatsit
26th January 2008, 13:59
?. Do you mean that he was not delivering goods ?
No. The wife is the managing director/CEO of a large health-food/vitamin thingie company. God knows what the guy does, but he was wearing a suit which probably cost twice the price of my bike. They were out eating dinner in a restaurant a few doors down.
Sorry mate, you lost my sympathy as soon as I read the above. Don't care who was in the wrong, that's the sort of shit the makes things worse and solves nothing. Had a guy in a 4x4 back into a very nice BMW convertible I once owned. he said sorry mate, I didn't see it. I was highly gutted but didn't resort to abuse. He was a decent bloke WHO JUST DIDN'T SEE IT.
Ever heard of `SMIDSY'? Say those magic words to any biker and he'll try and knock yer block off.
Alternatively I could back over your bike wot you've rebuilt over with your bare hands (and saved every last dollar for) and see whether you'll smile and be polite about it.
My apologies if I'm not as reserved and controlled in these situations as you might be.
xwhatsit
26th January 2008, 14:11
Well I rang Kiwi Bike. Donna answered the phone -- I know plenty of you have talked with her before and she was wonderful as per usual. Said to work out how much it'll cost approximately, ask him for the money (I'm thinking $400-600 at this stage, the tank will be the expensive bit) and hopefully that'll be fine. If he changes his mind then they'll will go into bat for me and get the money out of the other insurance company. This is despite me only having 3rd party fire/theft. She said the twunt's insurance company will tell him to deny liability, but he's already admitted it (with witnesses) and offered to pay for damage, so he's screwed.
twotyred
26th January 2008, 14:32
Well I rang Kiwi Bike. Donna answered the phone -- I know plenty of you have talked with her before and she was wonderful as per usual. Said to work out how much it'll cost approximately, ask him for the money (I'm thinking $400-600 at this stage, the tank will be the expensive bit) and hopefully that'll be fine. If he changes his mind then they'll will go into bat for me and get the money out of the other insurance company. This is despite me only having 3rd party fire/theft. She said the twunt's insurance company will tell him to deny liability, but he's already admitted it (with witnesses) and offered to pay for damage, so he's screwed.
I like the sound of this insurance company,next time you speak to them please let them know that they sensible attitude has led another prospective custermer and his machines to their door
homer
26th January 2008, 14:51
Did a rare thing at work today, a delivery. Work in a restaurant on Parnell Rd. Anyhow, return from my delivery, and find that a large black 4x4 has decided to park in my work's loading zone. No matter, I'll park just behind the loading zone in the convenient little gap, as I have many times before. (This is all illustrated at the bottom).
All is well until I go inside. A couple of minutes later I hear a large `clunk' and go out to find my bike knocked over and leaking fuel onto the pavement. Man in black 4x4 is looking like a stunned mullet. Pull open door and abuse the shit out of him. Comes behind to look as I pull up the bike, says `sorry mate, I didn't see it'. Resist urge to pull his spleen out through his eye-socket. He says, `what's damaged? I'll pay for the damage'. His wife offers business card, I give him my name and phone number, I take down the registration number of the car too. At this point he changes tact, saying `you were parked illegally, that means you should pay. I can't see your bike in my mirrors'. This makes me quite angry and he goes back to saying `but I will pay for the damage'.
So anyhow, the bike was still rideable to get me home. However, a cursory inspection shows a shallow dent in the LHS of tank, lots of small dents and paintwork missing on the RHS of tank. RHS exhaust is scratched and dented, and in fact it looks like he might've killed the exhaust studs because now it leaks and makes a hell of a racket (and kills low-end performance to boot). RHS clip-on bent, brake lever bent, front guard twisted, front brake lever missing knobby bit (just after I replaced it with my spare, too). Tail section missing a bit more paint. Headlight rim has additional dings.
All in all, probably write-off material. I'm thinking about getting a list of what it would cost in parts, giving him that, tell him I'll do the favour of all the labour myself and he can pay for the parts (except for the exhaust studs, I fecked the LHS ones previously, so he can pay half or summat for a cylinder head shop to fix it). I'm not keen for it to go to insurance because of potential for write-off, and he offered to pay for damage -- except I don't think he realises how pricey it might be.
Where do I go from here? Should I contact my insurance company?
Cheers guys. I know my bike wasn't the nicest, prettiest bike around, but I've spent many long hours and money getting it to run and go and it's mine. Feeling fairly fucked off right now.
Oh yes you contact your insurance ,go see them give them all details
hes in the wrong no matter what
cause the simple fact is he was trying to leave a car park
so its his fault , you already know that
but your insurance will sort it with his insurance if it goes to that extent
Under no circumstances do you admit anything
all you tell them is you parked at point A and he was in point B
thats all you know
You cant assume what you never saw either ,In other words you know he backed in to you but you didnt see it so dont say that happened ,cause you dont know
rwh
26th January 2008, 15:07
That broken yellow line isn't a no parking line.
Why do you think the loading zone finishes behind the 4WD?
Because of the perpendicular yellow line in the picture (and the change in pitch of the broken yellow line, though I don't know how accurate the drawing is). I've never seen a loading zone split up into parking spaces.
Knowing what/where the signs were would help.
Richard
xwhatsit
26th January 2008, 15:10
Because of the perpendicular yellow line in the picture (and the change in pitch of the broken yellow line, though I don't know how accurate the drawing is). I've never seen a loading zone split up into parking spaces.
Knowing what/where the signs were would help.
Richard
I'll take a look tonight. Bludged the exhaust shut, sort of. Work out where the hell to park now -- perhaps the footpath :Pokey:
Littlewheels
26th January 2008, 15:53
my daughter was rear ended when in her car the guy thought not too much damage and offered to pay so she said I will check with parents and got quotes. The guy got really funny over the prices and so we rang the cops "if she had agreed to him paying then she would have a legally binding contract and the insurance co would not get involved at all" was what we were told so she went through the insurance and got it fixed properly. my advice go throu the insurance as he sounds like a really straight up kind of wanker
Big Dave
26th January 2008, 17:49
the claim is against the BMW drivers insurance, not the biker's
Then he (the BMW driver) has to make the claim.
Ixion
26th January 2008, 18:07
No. The wife is the managing director/CEO of a large health-food/vitamin thingie company. God knows what the guy does, but he was wearing a suit which probably cost twice the price of my bike. They were out eating dinner in a restaurant a few doors down.
So, he was illegally parked then.
Owl
26th January 2008, 19:03
Well I rang Kiwi Bike. Donna answered the phone -- I know plenty of you have talked with her before and she was wonderful as per usual. Said to work out how much it'll cost approximately, ask him for the money (I'm thinking $400-600 at this stage, the tank will be the expensive bit) and hopefully that'll be fine. If he changes his mind then they'll will go into bat for me and get the money out of the other insurance company. This is despite me only having 3rd party fire/theft. She said the twunt's insurance company will tell him to deny liability, but he's already admitted it (with witnesses) and offered to pay for damage, so he's screwed.
Then he (the BMW driver) has to make the claim.
This is where things could get tricky. BMW driver is under no obligation to disclose his insurance company to you or your broker xerxesdaphat. If his excess is $500+, he's hardly likely to make a claim. If he refuses to pay, you may be going to court.
homer
26th January 2008, 19:18
Can't offer any help mate, although I can tell you that going through the public civil courts here in Chch is a Ducati owner who had his bike knocked over by a lady... she claims he was parked to close to the driveway, and thus illegally, and thus won't pay out (as I understand it). It's more ($$$ wise) than the disputes tribunal handles ($14k in damages iirc), so it's off to civil they go. I'll see if I can find out what happens there (although could be a while).
must have been really close
you can park with a distance of 150 mm and your fine
Big Dave
26th January 2008, 19:22
This is where things could get tricky. BMW driver is under no obligation to disclose his insurance company to you or your broker xerxesdaphat. If his excess is $500+, he's hardly likely to make a claim. If he refuses to pay, you may be going to court.
Yeah - bad wording - the onus is on him to rectify, then.
Owl
26th January 2008, 19:30
Yeah - bad wording - the onus is on him to rectify, then.
With a bit of luck the guy will just cough up. What's $600 when you drive an X5?
McDuck
26th January 2008, 19:54
With a bit of luck the guy will just cough up. What's $600 when you drive an X5?
It is 600 bucks.
People dont get to drive those tanks by giving money away.
Owl
26th January 2008, 20:23
It is 600 bucks.
People dont get to drive those tanks by giving money away.
Too true!:niceone:
xwhatsit
26th January 2008, 21:23
So, he was illegally parked then.
Talked about that with the Mad Hornet Rider tonight at work, he tells me loading zones don't take effect after 5pm.
Will call her tomorrow, tell her I estimate $400-600, see what she says. She seemed very reasonable, or at least diplomatic (I suppose CEOs of large companies have to be like that), so with a bit of luck...:niceone:
That sort of figure would fall under the small claims court, would it not? If he turns out to be a sneaky smart-arse, then that's where we might end up. In the light of day, both of them seem to be fairly decent people. I'll apologise for the foul language and abuse I let loose at the guy.
HungusMaximist
26th January 2008, 21:50
I am all for you Tom and I commend you on venting out your anger on the bloke.
Sure it may be abuse, but who wouldn't let out a bit of steam when your bike has just been knocked over.
I say, squeeze the money outta him and make him pay.
If it's CLEARLY his fault why shouldn't he pay?
btw, what time did this happen?
xwhatsit
26th January 2008, 21:52
btw, what time did this happen?
Shit, should've looked at the clock. It would've been 8.00-8.30 I would guess. If it becomes really important, our work has security cameras (for indoors, but they'll be able to see when I run out of the restaurant in a hurry).
Big Dave
27th January 2008, 00:40
With a bit of luck the guy will just cough up. What's $600 when you drive an X5?
Half the monthly payment.
heap rider
27th January 2008, 01:12
yo fairy sure you cant be in the wrong as your bike was a staionary vechile at time of incident , go though insurance that way he cant palm it of .
or you could end up riding a bike like mine full of duck tape!
xwhatsit
27th January 2008, 02:15
Kick has ass ESSAY:baby:
Whiskey Tango Foxtrot?
iwilde
27th January 2008, 09:06
Were you parked in a propper parking zone? If not you pay, end of story.
Owl
27th January 2008, 09:29
Were you parked in a propper parking zone? If not you pay, end of story.
I'll laugh and clap here :clap: as I"m guessing you are taking the piss?
EnzoYug
27th January 2008, 10:22
Get 2 quotes (or more) for full repairs. Take the average of these two quotes and present it to the guy.
*hint - if you tell the bike stores that the quote is for insurance they will put the price as high as possible, assuming that the insurance company is going to be feeding their kids next week.
Give the quotes and price you're asking to the guy in a letter this way if you go to court you've got documentation. Keep a copy for yourself. In the letter give the guy 10 working days to respond and either pay or being payments. Do not give him your bank details - you don't want him to start paying untill you've agreed on whats going to happen.
If the guy doesn't pay or respond contact him again and tell him he has 7 days to get his shit together or you will see him in court.
Start getting your paper work together and assume the worst.
The guy will either pay - or you'll go to court. If you do go to court ask for much higher damages than you would otherwise. Everthing you can think of - even money for catching the bus to uni and what not... the court will probably award it if you show that you gave him every chance.
At this point he'll either start paying, or you've got a legal debt logged against him. Offer him the option of getting a loan to pay for it or threaten to sell the debt to a debt-collector. this will help destroy his credit rating very quickly. Remind him of this.
If you keep paper work, always give him 7-10 days to respond to any letter and follow the proper channel - you'll be sweet.
Also check out this link:
http://www.landtransport.govt.nz/roadcode/about-driver-responsibility/responsible-driving.html
http://www.landtransport.govt.nz/roadcode/about-driver-responsibility/crashes.html
This is from the road code. Point this out to him. Your parking had NOTHING to do with the crash.
YellowDog
27th January 2008, 10:47
That sucks.
If you present him with a huge bill, he'll refuse to pay.
If you present him with a small bill, he may pay, or he may just never quite get around to it while making all the right noises and promises when you actually speak to him.
My advice: contact you insurance company and do it by the book.
This is good advice, but you will need a to have a witness.
You need to tell him that the guy you were delivering to saw it all.
If that was a baby in a pram he knocked over, would he be saying the same thing?
If he has an offensive vehicle with poor rear vision then he should either get a downward back mirror OR look behind the vehicle on foot, like the highway code says to do! What a tosser.
I had a similar experiece a few years back. Almost destroyed my bike. The insurance company chased them until their own insurance company admitted they were liable. Took 2 years. Lucky I was fully comp.
Good luck.
YellowDog
27th January 2008, 10:52
Don't they have full-face helmets in Devon?
Cruisin' Craig
27th January 2008, 10:57
When I was still at school (admittedly that's a few years back)), my bike was knocked over by one of the highschool teachers. Even a teacher (who is supposed to be setting a good example) refused to pay once she found out how much the bill was, and resorted to the same "it shouldn't have been parked there anyway" approach that we see so often. Seems to me it's just the same ignorant and selfish attitude again and again. In my particular case, the bike "shouldn't have been parked there" because it turns out only teachers were allowed to park on school grounds.
The thing people don't seem to get, is that someone parking in the wrong place doesn't mean that it's now O.K to smash their vehicle. Although I can see that there may be possible execptions when a vehicle is parked dangerously.
Pixie
27th January 2008, 10:58
Were you parked in a propper parking zone? If not you pay, end of story.
Bullshit
It doesn't matter if he was parked on the steps of parliament,it does not absolve a third party from damaging his vehicle.The only exceptions being if the vehicle is blocking emergency services and they damage it gaining access.
iwilde
27th January 2008, 21:40
Bullshit
It doesn't matter if he was parked on the steps of parliament,it does not absolve a third party from damaging his vehicle.The only exceptions being if the vehicle is blocking emergency services and they damage it gaining access.
Mate, I'm not taking the side of the prat that backed into the bike. I'm looking at it from the bloody insurance company side. Could have easily been my bike and I would have been out for blood.
Swoop
27th January 2008, 21:57
he said sorry mate, I didn't see it. I was highly gutted but didn't resort to abuse. He was a decent bloke WHO JUST DIDN'T SEE IT.
Perhaps he "just didn't look", which then leads into "didn't see it"?
xwhatsit
30th January 2008, 22:30
A'right. Went and got some quotes for the tank today.
Onehunga Panel & Paint came up with $528.75. $90 of that is for pulling the tank off, so that's gone, leaving $180 for fixing the dents and $200 for paint (plus GST). Really impressed by these guys, very professional (and were doing some beautiful work in the workshop). Apparently they've got some magic paint-matching machine that scans the paint and comes up with the appropriate brew.
Second quote was from Spot On Panelbeaters on Barry's Point Rd. $433.13.
Popped into Mt Eden MC and Cyclespot Honda and they said they send their stuff off to somebody in Huntly and Reflections respectively. Ran out of time to see Reflections (do they take out dents and stuff as well?).
Now to email the guy with the quotes and see what kind of abuse he meters out. Talked to him on the phone the other day, what an unpleasant man. I was being very polite (and trying even to be friendly), he was getting quite wound up and heated. Interesting, seeing as it was my beloved bike that he carelessly backed over *scratches head*
Waxxa
31st January 2008, 08:21
Go to the Small Claims Court. Have pictures and several quotes from bike shops to go with.
ManDownUnder
31st January 2008, 08:31
It's a lose lose bro. Take it on the chin - don't get too wound up about it and park on the footpath next time.
sunhuntin
31st January 2008, 11:34
Now to email the guy with the quotes and see what kind of abuse he meters out. Talked to him on the phone the other day, what an unpleasant man. I was being very polite (and trying even to be friendly), he was getting quite wound up and heated. Interesting, seeing as it was my beloved bike that he carelessly backed over *scratches head*
keep all emails, and if possible, record any future phone convos.
i quite often tuck onto the end of parks when theres heaps of room [ie, if theres only a mini in there taking half the space, i park on the far end, leaving heaps of room for them to move.]
Renegade
31st January 2008, 12:39
time to take a step back and look at what you are going to need in court.
-scene photos with time date stamp, including sign posting in area
-letter from boss saying you were making a delivery(obviously you were unable to park in the loading zone cos it was occupied)
-find out where they were eating, maybe they have footage of them eating, it will show they were parked illegally, if its relevant in relation to sign posting
-all LTSA info regarding parking thats relevant
-all quotes
-all costs of loss you have incurred
-all corrospondence with other party
thats all i can think of right now, some may say its going over the top, i say be TOTALLY prepared and play to WIN!!
when he turns around and says im not paying you say sure, whats your address so i can send you your court disclosure package so you are fully aware of the evidence i will be presenting against you in court when i seek full compensation for the damages and losses i have incurred.
Phurrball
31st January 2008, 13:01
XD - if you need any help preparing for Disputes tribunal, or want any info, PM me. Have just been through the process and am just about at the end of my law degree...
Ross.
xwhatsit
31st January 2008, 13:50
XD - if you need any help preparing for Disputes tribunal, or want any info, PM me. Have just been through the process and am just about at the end of my law degree...
Ross.
Cheers, mate -- I was just thinking about the small chat I had with you at the Wild West/Wet BBQ for SMC. Remembered you talking about going through similar situations before. I'd be delighted to leech some of your knowledge for my own purposes if need be.
Let's hope it doesn't get that far.
Big Dave
31st January 2008, 21:12
Don't ring or talk to him again.
All future correspondence in writing and keep a copy.
Look at this Phurrball - your first gig could be a 'class action' - well, action by committee anyways.
gijoe1313
31st January 2008, 21:14
:corn::spudwow::spudwhat::brick::apumpin: Keep fighting the good fight Xerxes!
Give him nothing, but take from him ... everything! This is not madness!
Big Dave
31st January 2008, 21:15
I'm just trying to sniff a Kiwi Rider angle here....some sort of hypothetical 'Biker and the law' scenarios....hmmmm?
xwhatsit
31st January 2008, 21:45
I'm just trying to sniff a Kiwi Rider angle here....some sort of hypothetical 'Biker and the law' scenarios....hmmmm?
Heheh, feel free to use bits and pieces from this if you feel there's something to write about. `Any resemblance to persons fictitious or real is entirely coincidental, or a by-product of our writers spending too much time on intarweb forums'.
Yep, I'm doing things by email now -- he's an angry little man, and tends to talk right over the top of me in real life and on the phone (I haven't exactly got John Cleese's speaking voice). Tend to write better than I speak as well.
Big Dave
1st February 2008, 00:15
Dear fascist bully-boy,
etc etc.
discotex
1st February 2008, 21:52
I like the sound of this insurance company,next time you speak to them please let them know that they sensible attitude has led another prospective custermer and his machines to their door
Who would you rather have handling your claim? Some random guy who deals with cars all day at one of the major companies (and considers bike claims a hassle and waste of money) or a couple of really nice people who ride and love bikes themselves.
If the answer is the latter give the friendly folks at Kiwibike a call :)
sefer
2nd February 2008, 03:00
Even if you've only got 3rd party your insurance company should deal with it for you, at least as far as contacting his company and getting them to contact you (or giving you the details), if not the whole deal. Especially when it's a case of you not being at fault (after all, it's not them who pay out). State did it for my sister when some fuckwit smashed up here car coming out of the local pub.
Just be aware that if you end up being the one to deal with his company they'll piss you around as much as possible in the hope you'll give up.
(and should you have the same company you'd probably have a harder time!)
Patch
2nd February 2008, 06:11
Communicate with his insurance company, don't talk to the prat. If your ins. co. will help you - great, if not, use phurrball to hound his ins. If they start stalling (they might, don't tell them anything about you, student etc :nono:) threaten them with court action, fair go etc, and then follow through.
Keep a paper trail, photo's of alleged incident etc, get three quotes for the repairs, pay for nothing at this stage - they may say drop it here and we'll pay for it, be prepared to negoiate, and/or have your quotes, take the average and have them pay you - then repair it.
Good luck.
Ps. go smash the asshole for causing this :devil2:
Donor
2nd February 2008, 07:57
Dear fascist bully-boy,
etc etc.
Boomshanka...
Maki
5th February 2008, 15:15
Be cold, be calculating, and make him pay. He ran into your stationary bike and damaged it, end of story. Where the bike happened to be at the time is totally and utterly irrelevant.
You have found out exactly how much you need to repair the bike. My suggestion is to send him an email, (don't talk to him on the phone if that makes you feel uncomfortable).
This is what I would write:
+++++++++++++++++++++++++++++++++++++++++++++
We can do it the easy way or the hard way. You either pay me $XXX amount tomorrow to compensate for the damage you did and the matter is finished. If you don't, I will never ever stop until 100% justice is done. To start with I will report your careless and dangerous driving to the police (you are in fact obliged to check where you are going when driving a motor vehicle). Then I will go through all correct channels insurance companies and courts if need be. I will be delighted to spend time and effort on this because I believe in justice and doing the right thing.
My suggestion is to pay and save yourself a great deal of time, trouble and probably money. You are going to pay. Whether you do it the easy way or the hard way is up to you.
Kind regards...
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++++
If he doesn't pay the day after you send this email, report him to the police.
If for some reason you still get screwed after going through all the correct channels you may like to offer some work to you friendly neighborhood chapter of the Mongrel Mob. Just don't let him get away with it.
hobdar
5th February 2008, 22:18
STAY AWAY FROM I WAS DELIVERING FOR WORK.............
Most insurance companies have a clause which indicates if you are using it for work purposes even going to and from a site you are NOT insured.
Simply if you were stationary and he hit you he is at fault. End of conversation.
your bike could have been stopped and parked in the middle of the road and got hit and he would have been at fault cause it was not moving.
Though if you wanted call Citizens Advice beaureau and ask for the local legal aid person and check with them
Also small claims court is up to 5000 i think check out www.justice.govt.nz and look for dispute tribunals...i think it costs 50 bucks.:cold:
fredie
7th February 2008, 00:48
im sorry i just reversed into your baby an pram . you should not have been there . goodbye:jerry:
Biggles2000
7th February 2008, 13:58
Sounds like this is going to end up in the small claims court. He backed over your bike so its his fault. Get your bike fixed, keep all the receipts, quotes and take him to the small claims court. At court the magistrate will award damages as he see fit, so be reasonable about what you claim.
Can you show the condition of the bike before the accident? Mr BMW will say the bike was damaged before he knocked it over.
xwhatsit
7th February 2008, 14:17
Woohoo! Got a reply from him (I chased him up through his wife), he said he'd been away heheh. Anyhow, he's found some el-cheapo panelbeaters that has said they'd do it for about 2/3rds of the price of my other quotes. He's offering $350 in that case.
Of course I'll go and see them and find out if they can really do it that cheaply, if not I'll get an appropriate quote and make sure I get enough money to actually do the job.
It's a start, though! At least he's offered something, hopefully this means I don't have to do the disputes tribunal thing :)
jonbuoy
7th February 2008, 14:25
Bummer mate.
sefer
7th February 2008, 14:38
Woohoo! Got a reply from him (I chased him up through his wife), he said he'd been away heheh. Anyhow, he's found some el-cheapo panelbeaters that has said they'd do it for about 2/3rds of the price of my other quotes. He's offering $350 in that case.
Of course I'll go and see them and find out if they can really do it that cheaply, if not I'll get an appropriate quote and make sure I get enough money to actually do the job.
It's a start, though! At least he's offered something, hopefully this means I don't have to do the disputes tribunal thing :)
Don't take it to 'a place I know that can do it cheaper' you'd be amazed at the problems they find that must have already been there, 'aren't as bad as they look', and 'just need a little touch up'.
One hopes and expects that anywhere you take it will act professionally and do a A class job, but you'd be surprised at how many places will do a half arsed job for a mate, even places that would usually be great. The fact that they seem to know it's going to cost less without even seeing it is not a good sign either.
xwhatsit
7th February 2008, 15:09
I don't think it's a case of the company in question being shit, I suspect it's more likely said twunt slightly underestimated the damage he did on the phone. Fair enough, he's not a biker, he probably doesn't know what a tank is supposed to look like. I mean, it's a sight-unseen quote. So I'll take it to them and see what they say when they do a proper quote.
I may just pocket the money, and save for that RC164 fibreglass tank I keep dreaming about :D
McDuck
7th February 2008, 17:34
Maby you should lern how to do some pannel beating? Good skill to have...
sefer
7th February 2008, 20:32
I don't think it's a case of the company in question being shit, I suspect it's more likely said twunt slightly underestimated the damage he did on the phone. Fair enough, he's not a biker, he probably doesn't know what a tank is supposed to look like. I mean, it's a sight-unseen quote. So I'll take it to them and see what they say when they do a proper quote.
I may just pocket the money, and save for that RC164 fibreglass tank I keep dreaming about :D
Don't get me wrong, I'm not saying the company or repair will be shit just because they are charging less, I'm saying that it's an unknown company to you, and you have no idea what kind of relationship they may have with the guy. The fact they gave a cost over the phone would make me wonder though.
If he doesn't agree with the quote you already have and wants another that's fine, but get it from a randomly chosen place. If he insists on his suggestion I would: a) wonder why, and b) do it, and get another quote from somewhere else anyway. If you end up with two of your own that are both higher than the place he has suggested you'll need to wonder what they are skimping on.
Rotor
7th February 2008, 22:05
Go for the insurance
fredie
7th February 2008, 23:58
why was the police pigs . not involved :bash:if this bmw moron knocked over a ducati or mv :Oops:i wonder if is bodgey panel beater could fix it up:whistle:
Patrick
10th February 2008, 11:43
I'll park just behind the loading zone in the convenient little gap, as I have many times before. (This is all illustrated at the bottom).
. At this point he changes tact, saying `you were parked illegally, that means you should pay. I can't see your bike in my mirrors'. This makes me quite angry and he goes back to saying `but I will pay for the damage'.
Cant be arsed reading the whole thread, and fredies knuckle dragger one just above makes me wonder why I bother... but hey... its what I do...
It has probably been said already, but going from the scene, you were not parked illegally and even if you were, he has no right to drive over you. What if it was a kid? Too reliant on mirrors, that fella was. Couldn't he see a bike parked there when he returned to his car? Anyway, he is in the wrong.
Report the matter so it is documented, even if nothing more comes from reporting it. See if he comes to the party and pays. If not, small claims court will see a reult in your favour anyway.
fredie
13th February 2008, 01:28
did the cops pigs give him a ticket ??? :Police:
fredie
14th February 2008, 22:39
hello :whistle:did u report him too the pig cops;)
Gubb
15th February 2008, 07:17
Have you read the fuckin' thread?
pig cops? What a badass.
fredie
16th February 2008, 00:49
well. were the cop pig involved:argue:..............:whistle:,...:2thumbs up
Macstar
16th February 2008, 07:30
About 18 months ago I parallel parked my Suzuki on Dominion Rd (in it's own legal parking space) and went into a store. In the store I spoke to a lady who had watched me walk in while I waited for a key to be cut. Then the lady leaves and jumps in her Jeep Wrangler. I watch her start the car and then chuck it in reverse (Jeep is in the car space in front of me). She then proceeded to reverse very quickly i.e. not your normal backing up speed and despite talking to me in the store, exiting the store and seeing my bike behind her 4wd etc slammed into my parked bike. She hit it with such speed that it didn't just fall off its stand, it actually went skidding across the ground.
I ran out of the store with my hands on my head, she gets out of the 4wd, "oh I didn't see your bike". My bike was a RF900 approx 2metres long and 1.6 metres high i.e. twice the size of a baby pushchair.
Anyway, having been in these situations before, and in this case not being able to track down any witnesses (surprisingly), I ask / insist that she comes with me to the local cop shop 100m away to register the incident. I had to take this step because I was uninsured at the time (restricted license 900cc bike).
Anyway, long story short - when she discovered how much the repair bill was going to be ($4000) she tried to squirm out of it - but I had the Police report and ended up ringing her insurance company on her behalf (another good idea after an accident is to get their name and insurance company). My persistent calls worked and I got the money from the insurance company.
My lesson learnt was to ride with insurance and after an accident where it's not your fault:
Get witnesses details
Get their name, phone, license number, registration
Try to get the Police to come
Anyway Tom, hope it all works out for ya! These sort of things usually drag on for some time but you gotta hang in there for the fight!
caseye
16th February 2008, 20:49
Come on then shoulder for free over ere!
Now, if your'e sure he's going to pay then perhaps you need to follow up with a bill for the parts required to restore your mint Honda to it's original condition
and see where he stands for real.
Otherwise my advice is as follows.
OK 1st thing is bike insured fully?
Is it currently registered?
Warranted?
If fully insured what is current market value?
Are you going to get enough to start another bike or to buy back your one and spend insurance money on it?
Though this might seem like a lot of questions it's really not going to take you long to ascertain whether or not it's going to be worth a full on insurance claim.
Also, REPORT THIS ACCIDENT TO THE Police.
This way he's got to be properly identified and you get to know that he is who he said he was and where he lives.
Where you parked though not strictly a legal park is outside of his parking space and no matter what, when reported he will be found to be in the wrong.
You have to have a Police report to make any Insurance claim these days.
Don't dilly dally go for it and make sure he's nailed for being an ignorant SUV cage dweller.
Hope this hejps.
fredie
17th February 2008, 21:05
first get the police involved too give him a ticket .for being a danger too fellow road uses :headbang:
fredie
9th March 2008, 03:18
so what happened?? did you get reamed:doctor:or did u get it good:headbang:
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