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NSW Guy backed into my bike

Discussion in 'Politics, Laws, Government & Insurance' started by matressking, Feb 21, 2009.

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  1. So I was in the shower this morning and I get out and my gf says that a guy has backed into my bike and left his number for me to call him. He lives just up the street.

    The clutch lever snapped off and he had brought it in along with the note with his number.

    I went out and the following is the damage:
    - Front left indicator cracked but working
    - Rear left indicator hanging off a bit
    - Left mirror bent way out which has bent the frame it's attached to and also cracked the plastic around where it is attached all the way through, this is part of quite a large panel
    - Clutch lever snapped off
    - Crack in main left fairing
    - small scratches, scuffs

    ....jeez he must have hit it pretty hard!

    Anyway I called him and he says he's out for the rest of the day and he'll come over in the morning, fine with me. But then as he's going he says "it was just the clutch lever that snapped off anyway". I said, "actually the left side of the bike is a bit of a mess, i won't go into it now, you can see for yourself tomorrow".

    So what is my situation here? First thing I'll ask him tomorrow is for his insurance details. What happens if he disputes that any of this stuff happened as a result of his actions? There were a couple of scratches and cracks on it from a lowside that happened before I owned the bike but he has definitely caused all of this damage.

    Any advice appreciated, I've never dealt with anything like this before.

    Bike is a 97 Suzuki Across

    Cheers guys.
  2. If you have any pictures of the bike prior to this extra damage, show them to him, not as a threat but just so he knows that YOU are going to be honest about it, even though he could claim it wasn't him still - if he sees sense he'll go along with it.

    Doesn't sound as if he wants to rip you off if he gave back the clutch and his no. I'd say cooperation is the best way for now; showing him you are prepared to be honest in return for his honesty... he might be worrying that you're going to take him for a ride; claiming damage that wasn't caused by him; similar to your worry that he'll understate damage.

    It should also be pretty evident from the way the bike fell (it fell right?) as to what damage you can expect, its all on the left hand side, which is consistent with a fall... a bike doesn't fall over and only damage a clutch lever, explain that to him.
  3. i would be suspicious if he did a full look over the bike to see what was broken. of course he only saw 1 thing broken

    i dont think he has a leg to stand on if he disputes it.
  4. If he was in a hurry (probably the reason the hit happened) and not a bike person, he may have only seen the broken lever. Give him the benefit of the doubt and show him all the damage, but first get a proper quote on paper itemising how much the repairs will cost.....
  5. before I show him all the damage?

    i was just going to show him tomorrow and then tell him i would get an estimate on it?

    out of interest, if it goes on his insurance, how much damage needs to be done on a bike that isnt worth that much in the first place, and an old one at that, for it to be a write off?
  6. too many variables, a lot around whether it's insured for agreed value, or market value. Even then I recollect MG saying that sometimes with agreed value they can still write a bike off for very little damage.

    A mate here in Wollongong had a new 1250S Suzuki written off when a minor ding snapped off the rear foot-peg hanger on the right side....
  7. well the thing is, my bike isn't insured right now because I haven't been riding it. I need parts for it which I couldn't afford straight away so i let it lapse.

    Surely my insurance wouldn't come into play though as I wasn't even near it when it happened?!
  8. so you need to claim against his insurance (assuming he won't come to the party and pay for the damage out of his own pocket?)

    I'm sure there's a "Letter of Demand" template somewhere in the Legal section here, but you really need to get better advice than I can give :oops:.
  9. thanks though mate, at least I have a better idea now.

    i'll have a chat with the guy tomorrow and show him all the damage, see if he seems willing to co-operate. I'm sure it'll work out fine.
  10. if he would answer his phone that is...
  11. so i talked to the guy and he says that he wants his mate to fix it. fine with me, i've found out who his mate works for and everything.

    i went on to explain that the reason i wanted him to come over today was to discuss the damage as there is sustantially more than he thinks. he says the bike has been slid down the road a few times (true) and that he's not repacing every panel on the bike. i said i wouldn't expect that, just that the bike is returned to the state it was in before he hit it. that's reasonable i think.

    so i'm meeting his mate here some day this week to look it over.

    if it comes to the point where he disputes the damage that i claim happened in the fall, where do i go from there? what are my rights? there are scratches on the bike but i can clearly pick out the damage caused by this particular incident.

    incidentally, who is the best person to ask about this? an insurance company? police?
  12. send a PM to ISCN
  13. charged with what?

    it was an accident and he left his contact details.

    if he doesn't pay its a civil matter

    now if the OP had insurance................................
  14. eh? nobody said anything about him being charged with anything?

    what would be different if I had insurance? they would go after the money for me?
  15. someone suggested you go to the police and try and get the guy charged. seems he has deleted his post.

    if you had insurance (fully comp) you would just make a no fault claim, give them his details and get your bike fixed.
  16. Ah right. He doesn't seem likely to be going down the insurance route.

    Lesson learned. When I upgrade in September I intended to go fully comprehensive anyway.

    Just out of interest, regardless of the condition of the bike (scratches etc) I'm still being reasonable in asking for it to be repaired to the same condition it was in before the incident right?

    I mean the mirror was all bent up which snapped that particular part of the fairing all the way through, as well as another crack lower down.
    That particular panel is damaged already, but just scratches. What is a reasonable expected outcome for that particular piece of damage?
  17. yep.
  18. Yes. Absolutely it's reasonable to expect the bike to be returned to pre-crash condition, but you can't half paint a panel. So, if the panel(s) was already damaged, then maybe look at doing a deal where you share the cost of a complete repair (25%?).

    Also be ware there are different levels of repair. A bit of fibreglass on the back and a touch up is not the same as a professional plastic weld job and a good respray.

    Make it clear that you won't settle for a sub-standard job from his mate and if you suspect otherwise you will go and get quotes.

    It sounds like he's coming to the party, but there is no reason you should be worse off at the end of it just because the bike wasn't perfect in the first place.
  19. :-k he came over to the house while nobody was there and fixed the clutch lever without even telling me and now won't answer his phone.

    Curiouser and curiouser...
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