Twunt knocked over my bike. Advice, pls

[jafar]

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

[Matt_TG]

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]

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]

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]

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]

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]

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]

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]

..... 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]

?. 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]

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]

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]

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]

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]

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