Etiquette

[All]

What do you think is fair practice (with regard to paying for damage) for if someones bike blows over into yours?

[Katman]

Sue God.:msn-wink:

[Nagash]

Err.. yeah personally i'd just let it go but then again my bike's nothing impressive.

If it was a fair bit of damage that i couldn't fix me self I would get the guy to pay who's bike fell on mine. would probably have to take it to small claims and see how that goes..

Mostly just comes under, shit happens.

[Grahameeboy]

You are not liable...unforseen event...

[Steam]

You are not liable...unforseen event...

Unless you can prove negligence. Which isn't very likely.

[swbarnett]

This is just what I would consider fair, I'm no lawyer.

Depends if the other bike was parked properly and legally.

If, in all fairness, there was nothing wrong with the way they'd parked I'd just say each pay for their own damage and involve insurance if it is substantial.

If, on the other hand they were being a dick, maybe parked in a way that you could've blown on it and it would've fallen over, then I'd be inclined to try to get them to pay for all the damage because fault could potentially be established.

[Grahameeboy]

This is just what I would consider fair, I'm no lawyer.

Depends if the other bike was parked properly and legally.

If, in all fairness, there was nothing wrong with the way they'd parked I'd just say each pay for their own damage and involve insurance if it is substantial.

If, on the other hand they were being a dick, maybe parked in a way that you could've blown on it and it would've fallen over, then I'd be inclined to try to get them to pay for all the damage because fault could potentially be established.

Illegal parking is irrelevant.

You would not expect a bike to get blown over by the wind? If it would not have fallen over but for the wind it's a no brainer

[McDuck]

Yea. I think with the others that if it was safely parked then stuff happens and get over it. If it was parked like it was going to fall over i would be asking for my insurance excess

[swbarnett]

Illegal parking is irrelevant.

You would not expect a bike to get blown over by the wind? If it would not have fallen over but for the wind it's a no brainer
I've seen bikes parked on hills with side stand uphill that were vertical. The slightest nudge would've toppled them. If I park my bike in said manner but because of my side stand length have a good lean uphill (i.e. stably parked) and somebody perches their bike precariously uphill of mine I would expect that they would be liable for any damage because they parked in an unsafe manner (i.e. should've known better).

[Trouser]

I've seen bikes parked on hills with side stand uphill that were vertical. The slightest nudge would've toppled them. If I park my bike in said manner but because of my side stand length have a good lean uphill (i.e. stably parked) and somebody perches their bike precariously uphill of mine I would expect that they would be liable for any damage because they parked in an unsafe manner (i.e. should've known better).

Illegal parking and incompetent parking are rather different things. Legality has nothing to do with it.

[Grahameeboy]

I've seen bikes parked on hills with side stand uphill that were vertical. The slightest nudge would've toppled them. If I park my bike in said manner but because of my side stand length have a good lean uphill (i.e. stably parked) and somebody perches their bike precariously uphill of mine I would expect that they would be liable for any damage because they parked in an unsafe manner (i.e. should've known better).

Yep, but the topic was wind...please keep up...

[cowboyz]

To all those who said "shit happens" if you see a green zx9r parked in the street and it is a windy day then do not park next to it. If someones bike falls onto mine and damages it then I WILL be expecting it to be repaired to its previous state without question. If you want to start calling it act of god then you can pay for my bike and get the money back off god at a later date.
I have had only one experience kind of like this but it was my car and a bike parked in front of me side on. The bike fell over onto the bonnet of my car and put a small dent in the bonnet. The bike owner was there and so was I and before I could say anything he pipped up with "oh shit, sorry, get that off to a panelbeater as soon as you can and send me the bill"
I helped him with the bike, drove round to a panelbeater, $80 later (which he paid) we were both happy.

There should never be a question about it. Your bike causes damage. You pay.

[James Deuce]

There should never be a question about it. Your bike causes damage. You pay.

Rubbish. Your bike is an inanimate object and if something other than you causes it to damage someone else's property you aren't personally, instantly liable.

I can only guess that you were being your usual intimidating self.

If you're riding it or sitting on it while you are parking or damage someone's bike while leaving a park then yes you are liable as you directly damaged someone else's property.

If someone backs into a line of bikes and knocks them all over are you seriously suggesting that each bike's owner is responsible for the damage to the bike under it?

[Steam]

There should never be a question about it. Your bike causes damage. You pay.

If you park your bike next to mine, then mine is blown over in an insane gust of wind and smashes yours... I'm not going to pay. You parked too close. I was there first. Your fault.



I came back to my bike after work one day in Wellington, I had parked it on Queens Wharf where the helicopters are, and it was gusting 110kph that day. Blew my bike right over even though it was well parked.
Most of the petrol spilled out but there was enough to get me home.

[cowboyz]

Rubbish. Your bike is an inanimate object and if something other than you causes it to damage someone else's property you aren't personally, instantly liable.

I can only guess that you were being your usual intimidating self.

If you're riding it or sitting on it while you are parking or damage someone's bike while leaving a park then yes you are liable as you directly damaged someone else's property.

If someone backs into a line of bikes and knocks them all over are you seriously suggesting that each bike's owner is responsible for the damage to the bike under it?

hmmmmmm... Sometimes I wonder.........

I am not even going to bother researching legal aspects of this. I am purely going to post on people doing what they should think is right.

If your bike falls over/gets blown over and you put it there then you should pay for the damage it caused. If it blows over and knocks one bike into another into another into another then you should pay for all of them.
When did personal responibility leave the building?
Surely you are not suggesting that you have no control over how and where you park your bike?

[Unit]

I think the obvious here is this is a question from someone who lives in Wellington. Dont they have wind exclusions on your insurances down there?

[Rockbuddy]

Sue God.:msn-wink:
which one yours or theirs??

[cowboyz]

If you park your bike next to mine, then mine is blown over in an insane gust of wind and smashes yours... I'm not going to pay. You parked too close. I was there first. Your fault.



I came back to my bike after work one day in Wellington, I had parked it on Queens Wharf where the helicopters are, and it was gusting 110kph that day. Blew my bike right over even though it was well parked.
Most of the petrol spilled out but there was enough to get me home.

Fortunately, for both of us, it simply would never happen.

I care about my bike... alot.
I am extremely careful where I park it. So much so that if I happen to be walking round town and have had parked my bike and see that someone has parked to what I feel is too close to mine I will go move mine.
It is not difficult to give a fuck when parking to make sure that (providing noone parks dodgerly (sp?) after you have left that it will still be there when you get back.
BTW> By definition, if you came back and your bike was on the ground it was not "well parked"

[cowboyz]

Interesting slightly off topic but not really.

Common knowledge I am a greenkeeper. It is written into our contracts that if someone hits a golf ball wayward and it hits our vehicles then we can not claim damages against the golf club or the player who hits the ball.

Solution: I get to work, take all the machinery out of the shed. Put my bike in the shed round the corner and put a piece of plywood up against it to protect it.
2 others I work with think I am a little anal about it but both of them (one with a 95 BMW 316i has 3 dents in the side of his car and the other in a Nissan 4x4 has about 20. My bike has never been hit.

[FJRider]

I've seen bikes parked on hills with side stand uphill that were vertical. The slightest nudge would've toppled them. If I park my bike in said manner but because of my side stand length have a good lean uphill (i.e. stably parked) and somebody perches their bike precariously uphill of mine I would expect that they would be liable for any damage because they parked in an unsafe manner (i.e. should've known better).

Since WHEN has "common sense" been the basis of a legal argument. Discuss such things with your insurer. NO INSURANCE ??? you DONT get, what you dont pay for. You take the risk...

[jcupit69]

This is why i never park next to anyone at uni, id rather get a bid of bird shit on my bike from parking where noone can park next to me than risk some fukwit on his moped knocking mine over

[Tank]

I'm guessing that a bike parked well wouldn't blow over. I would also assume as the owner of a bike that has been damaged by another bike falling on it that I woudnt have to put my hand in my pocket to pay for something that wasn't my fault. So I would take you to small claims for the full amout.


Call me hard nosed (or whatever) but that's why I'm clever and have insurance.

[Gibbo13p]

Take there plate number...if they are still there and give the details to the insurance company if its that bad....who can control the wind, and most people make sure the bikes on the stand ok before they walk off...well I do anyway. :wari:

[All]

Well, one thing's for sure; this is not a straight forward situation.

[cowboyz]

its all good saying, its fine. Im insured. Insurance will take care of it.

Are people forgetting the excess that you will have to cough up for repairing your bike because someone else cant park?

[All]

its all good saying, its fine. Im insured. Insurance will take care of it.

Are people forgetting the excess that you will have to cough up for repairing your bike because someone else cant park?I hear that loud and really fucking clear. I have a thousand dollar excess...

Also, I'd rather not lose my no claims bonus (they charge the earth when you lose this).

[McDuck]

I hear that loud and really fucking clear. I have a thousand dollar excess...

Also, I'd rather not lose my no claims bonus (they charge the earth when you lose this).

You may have a lower excess when not riding it. I know that mine is 350 genrally but 1400 if i am riding it.

[swbarnett]

Yep, but the topic was wind...please keep up...
The situation I referred to would easily become nasty with a bit of wind.

[swbarnett]

Since WHEN has "common sense" been the basis of a legal argument.
Too true...

[Grahameeboy]

The situation I referred to would easily become nasty with a bit of wind.

Yeah...especially on a GN250:girlfight:

[Timber020]

Fortunately, for both of us, it simply would never happen.

I care about my bike... alot.
I am extremely careful where I park it. So much so that if I happen to be walking round town and have had parked my bike and see that someone has parked to what I feel is too close to mine I will go move mine.
It is not difficult to give a fuck when parking to make sure that (providing noone parks dodgerly (sp?) after you have left that it will still be there when you get back.
BTW> By definition, if you came back and your bike was on the ground it was not "well parked"

This reminds me of the US legal attitude of being able to find someone to blame and sue whenever something bad happens. If the bike is so precious perhaps its better left in a parking building or at home. Nobody parks a bike for it to fall over, and the wind in this town can drop them all.

[cowboyz]

That is really insulting.

The US legal attitude is all about assigning blame and failing to take personal responsibility.
I am not assigning blame. I am saying if your bike damages property you should stick your hand up and pay for the damage it caused.
I frequent wellington alot. None of the bikes I have owned have ever fallen over. Are you suggesting I am just lucky?
I live in Ashhurst, right under a shitload of windmills. This would suggest we get our fair share of wind here too. Again, my bike has never fallen over.


If the bike is so precious perhaps its better left in a parking building or at home.

by this are you saying that you are fine with your bike being damaged?

[No FX]

If the they parked the bike properly then i think that its a "shit happens" thing, if it was due to the way they parked i.e on a hill the wrong way, then its something they did wrong that caused the damage to your bike so you have reason to hit them up about it.

[All]

A policeman I talked to thought it was definitely the responsibility of the person whos bike blew over (I just happened to talk to one, I didn't actually go to the police over it!).

[Tank]

A policeman I talked to thought it was definitely the responsibility of the person whos bike blew over (I just happened to talk to one, I didn't actually go to the police over it!).

Thats what I would have thought.

I reckon that all the people who have said "shit happens" are generally blowing it out there ass.

Imagine pulling up and parking your bike. Someone comes along and parks close to you. A gust of wind and the other bike blows over onto your bike right in front of both riders. Faring crack, dint in the tank, light broken - of shit this is going to cost a couple of grand.

How many of the "shit happens" team would actually say that to the other rider. "Its OK mate - Ill take the insurance claim - lose my no claims bonus, and pay the 1k excess".

I bet the answer is a lot less than said "shit happens"

[McDuck]

Thats what I would have thought.

I reckon that all the people who have said "shit happens" are generally blowing it out there ass.

Imagine pulling up and parking your bike. Someone comes along and parks close to you. A gust of wind and the other bike blows over onto your bike right in front of both riders. Faring crack, dint in the tank, light broken - of shit this is going to cost a couple of grand.

How many of the "shit happens" team would actually say that to the other rider. "Its OK mate - Ill take the insurance claim - lose my no claims bonus, and pay the 1k excess".

I bet the answer is a lot less than said "shit happens"


Well my policy it is the first 300 dollars if it is stationery.
If the person had done all they can then i would say shit happens and have done in the past. (given not for a bike)

[bert_is_evil]

My old gsxr250 was blown over on my carport and smashed the fence, I was on the phone to the insurance company a few days later about another matter so I asked them about it - they said they'd pay for the damage to the bike but not the fence because it's an "act of god". I can just see me fronting up to the landlord when I move out and explaining that it's gods fault it got broken not mine....

[Tank]

Well my policy it is the first 300 dollars if it is stationery.
If the person had done all they can then i would say shit happens and have done in the past. (given not for a bike)

the excess is the small number - you have to remember the lack of no claims - and the additional cost when you start looking for new insurance providers.

[surfchick]

What do you think is fair practice (with regard to paying for damage) for if someones bike blows over into yours?


this HAD to be a question from wellington! see.. if it was auckland you would be asking who pays for it if two parked bikes float off in a deluge and knock into each other as they bob down the queen st. storm water system...

[McDuck]

the excess is the small number - you have to remember the lack of no claims - and the additional cost when you start looking for new insurance providers.

Well i dont know of anybody who (provided that they have everything with the company) has had any problem renewing if they have had a claim or two, and even then a no claims is not more than a few hundred.


If you are that way inclined then you will always find ways to make somebody liable, but i prefer to do that only if they deserve it.

[Thumper]

Had a similar experience last year but with the car and not the bike. Got a call from my wife while I was at work, she was in tears, it seems that she opened her car door in a car park, the wind caught it and it blew open on to the car parked next to her. It had left a small ding on the other car. For me it was a no brainer, I asked the missus to leave a note on the windscreen explaining what had happened with our home telephone number. When she got home she phoned our insurance company and opened a claim so that when the cal lcame from the owner of the other car she could give him/her the number and contact details of our broker who could get it all sorted.

I have picked up a heap of bumps and scratches on my car left by fuckwits in parking lots and not one of them has left a note. I had both front and back bumpers resprayed a year back and the back needs to be resprayed again. Despite this, I am not prepared to sink to depths of others.

Act of God or otherwise, I just wish more fuckwits would stand up and take responsibility for their actions (or lack of). Might sort out some of the problems this great country is facing.

[Mom]

If your bike gets damaged by something being blown into it, all you have to do is make a claim on your own insurance. It is not your fault and does not mean you lose your no claims discount. If you are not insured you get to pay. Nobody expects their bike to get blown over, is an "Act of God" type claim.

I once had a 3 seater swing seat get picked up off my tiny upstairs patio by the wind, it missed the soffit and spouting on my house, rearranged my firewood lean to and went over the fence and parked itself into my neighbours car! Very messy and an expensive repair.

No fault of mine, I was not negligent, and her insurance paid out with no loss of her no claims.

That is why we have insurance, its for the Oh fuck! moments!

[Jantar]

....Imagine pulling up and parking your bike. Someone comes along and parks close to you. A gust of wind and the other bike blows over onto your bike right in front of both riders. Faring crack, dint in the tank, light broken - of shit this is going to cost a couple of grand...

So if the other bike wasn't there to block the wind it would have been your bike that blew over. :clap:

[Timber020]

That is really insulting.

The US legal attitude is all about assigning blame and failing to take personal responsibility.
I am not assigning blame. I am saying if your bike damages property you should stick your hand up and pay for the damage it caused.
I frequent wellington alot. None of the bikes I have owned have ever fallen over. Are you suggesting I am just lucky?
I live in Ashhurst, right under a shitload of windmills. This would suggest we get our fair share of wind here too. Again, my bike has never fallen over.



by this are you saying that you are fine with your bike being damaged?

My bikes have all got damaged at some point, At least 3 times by cars reversing into them. I dont like my bike getting damaged but bikes are inherently unstable, they are always going to get damaged at some point in there life. Its just stuff. Im not saying its okay for someone to damage your property, but when something like wind blows another bike over, I think it starts to get a little crazy. On a stormy day the carnage around wellington bike parks can be impressive, fingerpointing amongst riders is hardly likely to benefit anyone but the insurance co's and lawyers.
I think you have been lucky, my GSXR was knocked over 3 times by wind at my house. My wife has had her 2007 bike blown over a few times at work in the last 6 months, judging by the damage it looks like another bike dropped on hers.

[cowboyz]

I think you have been lucky, my GSXR was knocked over 3 times by wind at my house.

One would think you would have found somewhere to park it that it wouldnt get blown over after the first time.
My wife has had her 2007 bike blown over a few times at work in the last 6 months, judging by the damage it looks like another bike dropped on hers.

And wouldnt it have been nice if there was a note left saying, sorry, heres my number, I will fix that up for you......

[All]

If your bike gets damaged by something being blown into it, all you have to do is make a claim on your own insurance. It is not your fault and does not mean you lose your no claims discount. If you are not insured you get to pay. Nobody expects their bike to get blown over, is an "Act of God" type claim.

I once had a 3 seater swing seat get picked up off my tiny upstairs patio by the wind, it missed the soffit and spouting on my house, rearranged my firewood lean to and went over the fence and parked itself into my neighbours car! Very messy and an expensive repair.

No fault of mine, I was not negligent, and her insurance paid out with no loss of her no claims.

That is why we have insurance, its for the Oh fuck! moments!You forget the $1000 excess.

[Mom]

You forget the $1000 excess.

In a no fault event there is no excess.

[All]

In a no fault event there is no excess.I like the sound of that.

[BiK3RChiK]

In a no fault event there is no excess.

Really? I must go and look up my policy again... What about the no claims bonus? I suppose that goes west! So it will still end up costing.

M

[Deviant Esq]

What about the no claims bonus? I suppose that goes west! So it will still end up costing.

It is not your fault and does not mean you lose your no claims discount.
Ten melon liqueur shots.

[BiK3RChiK]

Ten melon liqueur shots.

Arrrgh! Musta missed that one... :doh:

M

[ManDownUnder]

In a no fault event there is no excess.

Yes but in an "Act of God" there is often no claim too...

[ManDownUnder]

What do you think is fair practice (with regard to paying for damage) for if someones bike blows over into yours?

Seek first the wisdom of the kingdom of your insurance company.... failing that arrange a loan

[Mom]

Yes but in an "Act of God" there is often no claim too...

Ok, all I know is my experience of something of mine seriously damaging a neighbours car in a storm. They made a claim on their car insurance. I got a letter from said insurer saying it was my fault and they would be seeking reimbursement for the expense. I rang them and explained what happened and told them I accepted no liability for the damage as the wind was actually responsible.

I rang my own insurance company (house and contents) and talked to them about it, they said not to worry, even if the other company persued the damages they would step in and sort it. There is cover built into those policies for liability.

I got a phone call from their insurance company not long after that saying they were not persuing me for the damage, that there would be no excess to pay and they would not lose their no claims bonus.

[ManDownUnder]

Ok, all I know is my experience of something of mine seriously damaging a neighbours car in a storm.

Which reminds me - hire "The man who sued God" if you can. Billy Connolley in a somewhat serious role. Brilliant movie.

[All]

While we have moved tot he subject of spelling, shouldn't the title of this thread be Netiquette?Maybe if it was regarding Netiquette.

[McDuck]

Maybe if it was regarding Netiquette.

:Oops:

(didnt know there was a difference till i googled it)

[All]

:Oops:

(didnt know there was a difference till i googled it)
Hah! Sweet, bro. :)

[Maha]

Did not know there were Rules to Wave Riding?.....:wacko:
But for $4.95 you can read all about it All.....;)

http://www.ditchink.com/servlet/Detail?no=13

[All]

Did not know there were Rules to Wave Riding?.....:wacko:
Absolutely. One must always pass on the right and smile at the other board riders. ;)

[chrisso]

So that would be common in Wellington then?

[All]

I think so. First time it's happened to me, though.

[Ollie.T]

Does anyone actually know jcupit69? i think his bikes blown over (thats if he still has a aprilla, and goes to vic uni?)
:(

there are about 7 bikes/scooters down today...

If you see someones bike blown over, and they are not there, do you just leave it lying there? if the steering lock is on, wont be able to move it, and chances are it will just blow over again....