Twunt knocked over my bike. Advice, pls

**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

Originally Posted by jafar

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

Originally Posted by xerxesdaphat

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

Originally Posted by xerxesdaphat

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.

Originally Posted by Big Dave

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

Originally Posted by imdying

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

Originally Posted by Ferris

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

Originally Posted by Big Dave

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

Originally Posted by Ferris

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

Originally Posted by Mcduck5n

It is 600 bucks.
People dont get to drive those tanks by giving money away.

Too true!

**xwhatsit** · 26th January 2008, 21:23

Originally Posted by Ixion

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...

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

Originally Posted by HungusMaximist

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

Originally Posted by Ferris

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!