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Rear ended at petrol station

Discussion in 'General Motorcycling Discussion' started by evelknievel75, Apr 7, 2009.

  1. I drive by several cars waiting on far right to extreme left pumps, stop by van at front of queue and ask him is he going to the left? he says no, pls go right ahead.

    which i do, go to the first of 2 pumps and get off bike. a subaru sedan screams up behind me and the guy starts gesturing etc. I am off the bike and am looking at the guy, who having stopped, suddenly jumps forward 7 feet into my bike and rear ends me, which knocks bike into pumps.
    i am almost sure he did it on purpose. we both calm down and he apologises and says he thought he was in park.

    anyway, we pick the bike up and he sees he has dinged the fairing pretty bad and has offered to pay for a new one. I do tell him that i have dropped the bike before but clearly this is a new huge bend in the fairing..

    what would you do? ping him for a new fairing? I have photos, his details and his admitting to error. its a 12 yr old bike and has scratches already....??
  2. And that is precisely when you get in touch with your insurer and leave it to them to deal with. You have his details and he has admitted fault.
  3. +1 for going through insurers, assuming you are insured.
    You dont mention it but did the servo take your details as well? They may be thinking about making a claim against damages to their pump if there was any. As far as they are concerned it was you who hit the pump. As much as I hate paying the premiums, insurance is a bonus when you need to use it. Limits your liability to the excess at most and they have their own legal teams to take care of when your not at fault with the other guys details.
  4. bet he wouldn't have done that if you were a Comanchero....
  5. The station probably has video. Take him to the cleaners.
  6. **** him.... what tool thinks it's in P and obviously slams the gas down (as that's the only way with an auto... Yeah I'd **** him... every penny, claim personal damage physically and mentally, take his house too.
  7. i only CTP...so no isurance on my end....it's an old banger.....

    FYI I dropped it on the other side awhile ago, broke the footpeg and was quoted $185 for a new one! luckily a wrecker had one for $55...

    I can only imagine what a new fairing would cost.....big bucks...

    am in two minds about it.

    PS Hornet, as it was, I swore at the time it was on purpose....I took my sunnies off, dropped the lid on my fliptop and moved into a fighting stance ready for him to get out of the car swinging......( this actually happened to someone I was talking to once, he was in full gear and was attacked by car driver who has just knocked his bike over, with punches i.e. they got into a fist fight....with him in helmet ATGATT ).... :LOL:

    commanchero prob would have shot me but admitted he was at fault :LOL:
  8. If i thought some p$ick deliberately rammed me, i'd take him for all i could... you sure you didnt drop your helmet too.

    If i thought it was a road rage/ malious attack, I'd also report the him to the police.

    In an auto, who presses the accelerate when in park??? 7 feet is a massive press on the gas!! i bet he wanted to intimidate you with a rev, and sh!t himself when the car jumped forward.
  9. Ouch, even if it's an old bike - get third party property, I pay $100/pa for my POS but it covers me should said POS take out a 747 when I'm Tom Cruising down a runway.

    I'd ask him to make an insurance claim and get the details of his insurer and whatever reference he gets. His fault, he should pay the excess and jump through hoops - make a list of damages and contact the servo just in case.
  10. misunderstood again :roll:

    I said I bet he wouldn't have done what he did to you if YOU were a comanchero

    I'm with the others; whatever promises he's made you can bet the house he has no intention of keeping, and irrespective of what damage may have already been on the bike, it looks like common assault using his car to me.....
  11. I don't think you would be covered if you took out a 747. Many motor vehicle insurers have a maximum payout of around $20 million for each incident. So if you took out a 747, you would be liable for the remaining $340 million dollars. This is why it is very important not to ride motorcycles around jumbo jets.
  12. Can't believe i'm reading this...

    Step 1: Ask for a copy of the video from the service station as evidence as to what has happened. The service station may be, as we speak, coming after you for damage to their pump... They will have your rego on tape.

    Step 2: Get some quotes to fix your bike, and anything else that was damaged (gear etc.)

    Step 3: Does he have insurance? If so, make a claim on his policy. Get your bike fixed, his insurance company pays, then chases him for the excess.

    Step 3b: If he doesn't have insurance, tell him how much it will cost to repair the bike. If he refuses, contact your insurer, tell them what has happened, they can authorise repairs to your bike, then THEY will claim the money back from him personally

    Step 3c: If you have a shit insurance company, and they don't do the above, get your bike repaired, and send him a "Letter Of Demand". If he fails to pay you/the repairer, you can take him to VCAT. Costs your $25 or so from last memory, and you have video evidence to dispove any theories he may have. He is forced to pay. Perhaps mention to him you have the video from the servo if he refuses to pay you first time round...

    Seriously dude, take him to the fkn cleaners!!! Or if you wanna be nice, talk to him about it, but still make him pay for the damage he caused. Don't forget to put in a police report for attempted murder/assult/affray etc.

    If you want more general advice etc. PM me :)
  13. ... and his woman :p
  14. i did say at the time lets leave it as is.......( i still have all his details )

    can i go back on this?
  15. dude, u need to learn about who is in control, seems u got the "being to nice" bug,

    1, i wouldnt of told him about previous drop
    2, he started off as a smart ass, id finish it off as a smart ass.
    3, id get the video evidence and take to cops and have him charged
    4, id get his insurance details and ring them, claim through them

    etc etc etc


    i dont think i can make it any clearer than that
  16. I've had minor dings from others I've let go on a car that was already dinged - no biggy you know, car's already a POS and was an accident, but if someone deliberately got enraged, deliberately ran into my vehicle, and had the very real potential of personal damage to yourself because he got unusually mad I'd definitely make him pay for all repairs, at the very least. and like the others said, get the video ASAP before it gets written over. Good on you for keeping your cool cause it was a situation that had the potential to get really out of hand, I'd be pissed if someone deliberately hit me (or hit me in the process of trying to threaten/scare).
    my 2c
  17. probably throwing fuel on the fire here but this is what it looked like pre picking it up...


    big split on right side of bike ( left of picture ) near edge of bollard is what was damaged....

    right side of bike is where some a-hole had pushed my bike over previously...hence my being in two minds about it all now....

    so i sort of have matching sides now....both rooted ( and right side was so nice before :grin: )

    luckily this is my old banger and not the better bike i own and boy am i glad i choose to ride it for the day....
    still....appreciate all the input so far, thanks
  18. Hi,

    Could I cordially advise that when in any motor vehicle incident that you say nothing or as little as absolutely possible.

    Exchange details and leave it at that.

    Everything you say just obfuscates the argument.

    Cheers Megan
  19. wow!!! :grin:
  20. Best that I not give advice on this one lol I was given a stern 'you cant do that' by the cop who came out when my car was hit (in fairness the guy hit my car and left the scene - only came back because his number plate was attached to my car :twisted: )

    Do what you have to do to get your bike fixed and stuff the rest.