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Thread: Update on Two Smoker Crash, need some help

  1. #1
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    12th February 2004 - 12:00
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    Update on Two Smoker Crash, need some help

    Hey everyone,

    The guy rang me, and said that he is at fault with the crash (which i already knew) and then he said that he wasnt going to do me for reckless riding (sitting on the tank), but personally i know that it wouldn't have sticked after talking to a couple of cops (including my old man).... He then went on ranting to me about how dangerous it was blah blah blah, i didnt want to argue so i said fair enough and agreed with his point of view....

    He got done for following too close, and now wants me to get a quote for the damage for the bike so he doesnt lose his no claims bonus.... Problem is i have already contacted my insurance company :spudwhat:

    So should i get the quote and go through the insurance company and tell the insurance company that he wants to pay cash....

    Or do i just ask for the cash??? But that fucks me up because i have already contacted the insurance company.... so what do i do???
    See Robert Taylor for any Ohlins requirements www.northwest.co.nz
    Thanks Colemans Suzuki
    Thanks AMCC
    I use DID Chains and Akrapovic Exhausts

  2. #2
    Yamahamaman Guest
    Quote Originally Posted by Two Smoker
    Hey everyone,

    The guy rang me, and said that he is at fault with the crash (which i already knew) and then he said that he wasnt going to do me for reckless riding (sitting on the tank), but personally i know that it wouldn't have sticked after talking to a couple of cops (including my old man).... He then went on ranting to me about how dangerous it was blah blah blah, i didnt want to argue so i said fair enough and agreed with his point of view....

    He got done for following too close, and now wants me to get a quote for the damage for the bike so he doesnt lose his no claims bonus.... Problem is i have already contacted my insurance company :spudwhat:

    So should i get the quote and go through the insurance company and tell the insurance company that he wants to pay cash....

    Or do i just ask for the cash??? But that fucks me up because i have already contacted the insurance company.... so what do i do???
    My opinion is leave it up to your insurance company. Asshole deserves what he gets.

    Oh and if you carry insurance, admit nothing. Let your insurance company deal with all matters. Otherwise, you may find yourself uninsured.

  3. #3
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    Yeah mate, IMO go with the insurance as you owe numb nuts nothing, It may take longer but at least you shouldent have any further probs with him.
    cheers DD
    (Definately Dodgy)



  4. #4
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    TS-I disagree with yamahaman-I'd tell your insurance company the conversation you had.Ask them to suspend the claim for the moment.
    There are advantages to just extracting the cash from the guy.-not the least being your exess if the guy turns out not to be insured or they play silly buggers.
    Go ahead and get your quotes But don't go ahead with repairs.
    I wouldn't muck around though. The guy might be genuine and pay up.
    i wouldn't count on it. If he gives an excuse then go back to plan A
    dude if ya have problems give me a call -Us OJ's get results you young fullas sometimes don't
    To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?

  5. #5
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    What would his no claims bonus be worth to him?

    If he were offering some incentive for settling the claim privately (preferably something with Yoshimura written on it) then I could see a benefit to you, but it sounds like he's just an asshat to me.

    No claims bonus or not, I'd think a careless driving charge alone would be enough to bump up his premiums..

  6. #6
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    record any more conversations you have with him! but tell him.

    You shouldnt of mentioned sitting on the tank at all. let him rant but admit nothing. was he recording????

    tell the insurance company of the conversation and see what they say.

    stuff his no-claims bonus, next person he does it to might die

    dont ever agree!!!..."taking it under consideration"

  7. #7
    Yamahamaman Guest
    Quote Originally Posted by XJ/FROSTY
    TS-I disagree with yamahaman-I'd tell your insurance company the conversation you had.Ask them to suspend the claim for the moment.
    Not reccommended
    Quote Originally Posted by XJ/FROSTY
    There are advantages to just extracting the cash from the guy.-not the least being your exess if the guy turns out not to be insured or they play silly buggers.
    TS's insurance company will sue party at fault to recover regardless. Won't cost TS no claims bonus or excess as he was not at fault. (from experience here)

    Quote Originally Posted by XJ/FROSTY
    Go ahead and get your quotes But don't go ahead with repairs.
    I wouldn't muck around though. The guy might be genuine and pay up.
    i wouldn't count on it. If he gives an excuse then go back to plan A
    dude if ya have problems give me a call -Us OJ's get results you young fullas sometimes don't
    Got good Liability Insurance XJ/FROSTY?

  8. #8
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    Go through the proper / official channels and let the insurance company deal with it. If you say to your insurance Co now that you don't want to go ahead and then later on the other guy reneges (sp) on the deal you might find yourself high and dry with your insurance Co.

  9. #9
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    Contact insurance company and ask the guy if you can give them his number. Then sit back and relax. You won't loose your no claims bonus because in essence you insurance company gets the money off him wether it be out of his pocket or his insurance. And from experience if you contacted them from now on when insuring you gotta tell them anyway so you could get found out. . Bottom line : contact insurance you shouldn't have to worry cause it wasn't yor fault

  10. #10
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    I've been in situations a bit like this and as the idiot has admitted liability, your insurance company will sue him (via his insurance company) for the policy excess, cost of repairs etc.

    And your no-claims bonus will NOT be affected.

    I would also be looking to see about the cost of replacement riding kit - gloves probably didn't come out of it too well, boots must have been damaged when you saved the bike from going over and there has to be a good chance your helmet took a knock when you were shaken about.

    I would say though, no matter what happens, never agree with anything the other party says, unless they are admitting 100% liability - and that is the only thing to agree with.

    One more thing, now it is in the hands of your insurers, you should have no further communication with the idiot. If he tries to call you, from now on refer him to your insurers. The matter is now in their hands and you should wash your hands clean of any dealings with him.

    I wouldn't mind betting this guy is inches away from a ban, or becoming uninsurable due to his record - so by getting you to drop a claim and let him settle with cash (assuming he has enough cash to pay for damages), you'll be getting him off the hook.

    Personally, hearing what he did to you, I'd want him off the road for good.
    http://www.motobke.co.uk

  11. #11
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    Two Smoker: I can understand if you get confused with these replies.
    First of all. Do not worry, its not your problem if you've lodged the claim then he wants to settle with cash. If its too late then you lose nothing.

    Second, depending on how far along your claim is, you can go get your repair quotes (at least two is always good!), present them to the guy. At this stage doing this in person is the best way to get results. Either he gives you the money on the spot (if cheque, make sure it clears!) or you just give the quotes to the insurance company and go ahead through them.

    In the case of him giving you the money, you can just tell your insurance company that you want to cancel the claim.

    Summary:
    Its not your problem. Dont stress.

  12. #12
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    12th February 2004 - 12:00
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    Well yep still completely confused im going to get a quote from Colemans (and im actually going to see about a Arrow slip on can... not joking) and contact my insurance company and tell them what he said, i am still writing the claim form out so it hasnt been lodged yet......

    Any more tips now you see where im upto???
    See Robert Taylor for any Ohlins requirements www.northwest.co.nz
    Thanks Colemans Suzuki
    Thanks AMCC
    I use DID Chains and Akrapovic Exhausts

  13. #13
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    I'd get the insurance quote etc but once claim approved, maybe then discuss with insurance company that you could save them some money if you fit parts yourself and maybe get a cash payout for repairs?

  14. #14
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    Quote Originally Posted by Two Smoker
    Well yep still completely confused im going to get a quote from Colemans (and im actually going to see about a Arrow slip on can... not joking) and contact my insurance company and tell them what he said, i am still writing the claim form out so it hasnt been lodged yet......

    Any more tips now you see where im upto???
    Oh ok that helps.
    Right, since you're at that point its really easy.
    1) Get quote
    2) Talk to car driver, for money.
    * Right here you have a bargaining point. Its all good and well being the nice guy and settling for cash, but if he trys to delay or anything of the sort you can just tell him that you'll let the insurance company handle it. Im sure he wont want to fuck up his no claims bonus.
    if:
    a) He gives you the money, get the bike fixed, ring insurance company to say you wish to go no further with the claim. Confirm with the person you are speaking with that the claim has been cancelled. (This is important. I cancelled a claim for a cage incident once but it was sitting on their system as though they paid out! ie. they tried to put my premiums up).

    b) He trys to fuck you around, just continue on with your insurance claim, fill in your forms. The insurance company will sort it out.

    If you need any more info am happy to help.

  15. #15
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    Are you putting bike in shop to be assessed by insurance company? Didnt you say it damaged the front of the car quite bad? You would want to check rear wheel, swingarm and frame for any damage, mis alignment etc. Take the tank off and check around steering head area for any sign of paint flaking off etc could be damage from impact.

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