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Thread: Etiquette

  1. #1
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    Etiquette

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

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  3. #3
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    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.
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  4. #4
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    You are not liable...unforseen event...

  5. #5
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    Quote Originally Posted by Grahameeboy View Post
    You are not liable...unforseen event...
    Unless you can prove negligence. Which isn't very likely.

  6. #6
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    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.
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  7. #7
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    Quote Originally Posted by swbarnett View Post
    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

  8. #8
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    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

  9. #9
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    Quote Originally Posted by Grahameeboy View Post
    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).
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin (1706-90)

    "I would rather be exposed to the inconveniences attending to much liberty than those attending too small a degree of it." - Thomas Jefferson (1743-1826)

    "Motorcycling is not inherently dangerous. It is, however, EXTREMELY unforgiving of inattention, ignorance, incompetence and stupidity!" - Anonymous

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  10. #10
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    Quote Originally Posted by swbarnett View Post
    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.
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  11. #11
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    Quote Originally Posted by swbarnett View Post
    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...

  12. #12
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    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.

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    Quote Originally Posted by cowboyz View Post

    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?
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  14. #14
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    Quote Originally Posted by cowboyz View Post
    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.

  15. #15
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    Quote Originally Posted by Jim2 View Post
    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?

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