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ginllfixit
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PostPosted: 12:27 - 20 Jun 2011    Post subject: Someone knocked my bike over Reply with quote

I was parked up in a car park in Manchester and heard my alarm going off and saw it lying on the floor Sad

The guy who did it was looking for me and I got his details, he seemed friendly and was very apologetic. Apparently he just reversed into it and didn't notice it was there.

Knocked a wing mirror off, put a rather large scratch on the side near the subframe, cracked the fairing, and the crash bung is scratched too. It's a Hornet-S that I've had for 18 months and managed to keep upright all that time!

So, what's my next step? Should I just take it in to my mechanic, ask him to sort it all out and forward the bill to the guy? Or should I source the fairing + wing mirrors myself, and take it to a bodywork place to get the scratch sorted out? Should I keep the guy updated with what's going on? By phone or by letter? I can't imagine he'd try any funny business but you never know...

Thanks for any advice.
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MarJay
But it's British!



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PostPosted: 12:36 - 20 Jun 2011    Post subject: Re: Someone knocked my bike over Reply with quote

ginllfixit wrote:
I was parked up in a car park in Manchester and heard my alarm going off and saw it lying on the floor Sad

The guy who did it was looking for me and I got his details, he seemed friendly and was very apologetic. Apparently he just reversed into it and didn't notice it was there.

Knocked a wing mirror off, put a rather large scratch on the side near the subframe, cracked the fairing, and the crash bung is scratched too. It's a Hornet-S that I've had for 18 months and managed to keep upright all that time!

So, what's my next step? Should I just take it in to my mechanic, ask him to sort it all out and forward the bill to the guy? Or should I source the fairing + wing mirrors myself, and take it to a bodywork place to get the scratch sorted out? Should I keep the guy updated with what's going on? By phone or by letter? I can't imagine he'd try any funny business but you never know...

Thanks for any advice.


You may have to go via insurance as the hornet subframe is welded to the main spine frame, so a scratch could write the entire bike off...
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ginllfixit
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PostPosted: 12:44 - 20 Jun 2011    Post subject: Re: Someone knocked my bike over Reply with quote

MarJay wrote:
ginllfixit wrote:
I was parked up in a car park in Manchester and heard my alarm going off and saw it lying on the floor Sad

The guy who did it was looking for me and I got his details, he seemed friendly and was very apologetic. Apparently he just reversed into it and didn't notice it was there.

Knocked a wing mirror off, put a rather large scratch on the side near the subframe, cracked the fairing, and the crash bung is scratched too. It's a Hornet-S that I've had for 18 months and managed to keep upright all that time!

So, what's my next step? Should I just take it in to my mechanic, ask him to sort it all out and forward the bill to the guy? Or should I source the fairing + wing mirrors myself, and take it to a bodywork place to get the scratch sorted out? Should I keep the guy updated with what's going on? By phone or by letter? I can't imagine he'd try any funny business but you never know...

Thanks for any advice.


You may have to go via insurance as the hornet subframe is welded to the main spine frame, so a scratch could write the entire bike off...


Really? Christ...

Maybe I don't mean subframe, I don't know?!

It's roughly here, that's the subframe right:

https://i38.photobucket.com/albums/e123/tomo2006/th_DSCF5771-1.jpg
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thegubner
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PostPosted: 12:50 - 20 Jun 2011    Post subject: Reply with quote

Yeah looks twisted.
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MarJay
But it's British!



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PostPosted: 12:56 - 20 Jun 2011    Post subject: Reply with quote

You mean on the tailpiece... that isn't the subframe. The subframe is underneath that, and is what the tailpiece is bolted to.

Just to reiterate, if you HAVE bent, scratched or otherwise damaged your subframe, the bike will be a write off.
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ajbsmirnoff
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PostPosted: 13:29 - 20 Jun 2011    Post subject: Reply with quote

I believe you should ask him if he wants to pay for the repairs himself or go through his car insurance. Get a quote for the repairs (if its repairable Sad )

When he sees how much its going to cost he'll either pay up and be more careful next time. Or tell you to go though insurance. At which point you'll have to give his details to your insurance company in order to start the ball rolling them organising a repair and passing the bill to his insurance company.
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Rogerborg
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PostPosted: 13:34 - 20 Jun 2011    Post subject: Reply with quote

Your recourse is against him. If he has insurance, all the better, but it's up to him to decide whether to involve them.

Do you have details of an independent witness?

Has the bloke given you anything in writing, or have you recorded his admission of fault?

Is there any CCTV evidence, and have you obtained a copy?

If not, then you may find that his recollection of what happened suddenly changes once you send him the bill. Sad
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waffles
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PostPosted: 13:47 - 20 Jun 2011    Post subject: Reply with quote

Get a couple of quotes in writing, call him up and let him know the costs involved, let him decide if he wants to pay or get his insurance to pay. If his memory starts to fail then write to him and send everything else by recorded delivery.
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ginllfixit
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PostPosted: 14:07 - 20 Jun 2011    Post subject: Reply with quote

Thanks for all your posts.

I'm a bit concerned about him changing his story when it comes down to it. My plan was to record the phone calls with him and hope that does the trick. I've contacted the place but I don't think they have CCTV.

My gut feeling is that he won't try and weasel out of it, but you never know. Especially if the repair bill is higher than anticipated. He seemed wealthy too, don't know if that's a good or bad thing!

I guess I'll give him a ring tonight and update him, let him know about all the visible damage I can see but let him know that I'll be taking it to a professional to be fully checked over. Try and reassure him that I'm honest and certainly won't be looking to try and screw him out of any money. Hopefully the conversation will establish he was at fault and I can record it. It is legal to record a conversation without someone's knowledge, isn't it?
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supZ
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PostPosted: 14:47 - 20 Jun 2011    Post subject: Reply with quote

ginllfixit wrote:
It is legal to record a conversation without someone's knowledge, isn't it?

as far as i know, unfortunately it isnt.

hense why insurers etc.. all say 'this call may be recorded.. blah blah' so the caller is aware they're being recorded.
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njd27
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PostPosted: 15:57 - 20 Jun 2011    Post subject: Reply with quote

Recording phone conversations may be a no-no but any notes you make during conversations or at the scene of the incident are given quite a lot of weight - they call it "contemporaneous notes".
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c-m
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PostPosted: 16:56 - 20 Jun 2011    Post subject: Reply with quote

supZ wrote:
ginllfixit wrote:
It is legal to record a conversation without someone's knowledge, isn't it?

as far as i know, unfortunately it isnt.

hense why insurers etc.. all say 'this call may be recorded.. blah blah' so the caller is aware they're being recorded.


Perfectly legal to record telephone conversations without informing the other person, so long as the recordings are for your own personal use only.
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twostroketit
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PostPosted: 17:17 - 20 Jun 2011    Post subject: Reply with quote

Fair play to the bloke for owning up to it though.
I thought this post was going to be about someone driving off and leaving your bike lying on its side.
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ginllfixit
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PostPosted: 17:17 - 20 Jun 2011    Post subject: Reply with quote

I googled his name. He's a professionally qualified solicitor who owns his own law firm specialising in personal injury litigation and motor vehicle accidents!

Gave him a ring and he couldn't have been nicer. Fully accepting responsibility and blame, obviously will pay full damages etc. Intending to sort it out with me as long as repair isn't stupidly high, in which case he'll go through his insurance.

The venue have got in contact and they think they've got CCTV footage. Things are looking good!
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Rogerborg
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PostPosted: 17:20 - 20 Jun 2011    Post subject: Reply with quote

OFCOM wrote:

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.


Whether you can then use them in a court isn't clear, but at a minimum you can transcribe them word-for-word and (truthfully) say that you have the recording to back that up.

If I were the one paying out, I'd appreciate you getting multiple competing quotes, although I'd also appreciate that you were the one out of pocket and just wanting to get back on the road ASAP. Actually, I'd offer to source and buy the bits and help you fit them, but that's probably not going to happen here. Smile

If it ever gets to court, then you'll want to have gotten several quotes in order to come up with a demonstrably reasonable figure.
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Last edited by Rogerborg on 17:27 - 20 Jun 2011; edited 1 time in total
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ginllfixit
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PostPosted: 17:25 - 20 Jun 2011    Post subject: Reply with quote

Rogerborg wrote:
OFCOM wrote:

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.


Whether you can then use them in a court isn't clear, but at a minimum you can transcribe them word-for-word and (truthfully) say that you have the recording to back that up.

If I were the one paying out, I'd appreciate you getting multiple competing quotes, although I'd appreciate that you were the one out of pocket. Actually, I'd offer to source and buy the bits and help you fit them, but that's probably not going to happen here. Smile

If it ever gets to court, then you'll want to have gotten several quotes in order to come up with a demonstrably reasonable figure.


I told him that I'll source any parts that need replacing (wing mirrors, fairing, rear light cover) to keep things down, and told him the only major expense I anticipated was the labour for getting the scratch out of the tailpiece.

I also made it clear that this was only the damage found to my untrained eye and it would need to be checked over for safety by a professional.

I told him I wasn't too fussed about the cosmetic damage to the crash bungs, that's what they're there for!
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Pete.
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PostPosted: 18:10 - 20 Jun 2011    Post subject: Reply with quote

Remove the crash bungs and chack the engine mounts underneath aren't cracked. It'll be obvious if they are.

You can check eBay for plastics, there's usually a fair selection on there.

Oh - fair play to the bloke for doing the right thing. Can't really ask for much more than that!
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neil.
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PostPosted: 18:46 - 20 Jun 2011    Post subject: Reply with quote

Indeed, it's really nice to see a case where someone is willing to take responsibility and be a decent human being (we all make mistakes), going to the effort of trying to find you as well after it happened. Thumbs Up Karma
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kal9001
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PostPosted: 02:01 - 21 Jun 2011    Post subject: Reply with quote

ginllfixit wrote:
I googled his name. He's a professionally qualified solicitor who owns his own law firm specialising in personal injury litigation and motor vehicle accidents!

Gave him a ring and he couldn't have been nicer. Fully accepting responsibility and blame, obviously will pay full damages etc. Intending to sort it out with me as long as repair isn't stupidly high, in which case he'll go through his insurance.

The venue have got in contact and they think they've got CCTV footage. Things are looking good!


you'll have to go by the book then maybe, the old fable states you cant bullshit a bullshitter. So he will know exactly how to get away with it if he so wants to. But he may be honest and with the money he must have floating around probably wont care at all about you going through insurance or just paying for it all outright.
Damn bikes are FAR too easy to write off just for silly little things. Same with modern cars, Slightest tap and you damaged the smallest part thats worth half the cost of the car. A more cynical person could become suspicious Wink
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Nai
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PostPosted: 08:36 - 21 Jun 2011    Post subject: Reply with quote

Thats got to be one of the most gut wrenching feelings. Coming back to your bike and seeing it laying on the floor.

Hayes is my local town (and filled with chavs and aresholes) and Brent is where I work (also filled with arseholes). On 4 occasions now I have come out of work or out of the shops to find my bike lying on the floor, or being sat on then promptly dropped as the chav on spots me walking towards them, leaps off and runs. Has put me off getting another bike with fairings / easily damageable bits until I have moved out of the area now Sad

Haven't had any luck with getting anything paid for with any damage from any of them drops, does sound like he is honest though if he was looking for you. Good luck!
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ginllfixit
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PostPosted: 11:35 - 21 Jun 2011    Post subject: Reply with quote

kal9001 wrote:
ginllfixit wrote:
I googled his name. He's a professionally qualified solicitor who owns his own law firm specialising in personal injury litigation and motor vehicle accidents!

Gave him a ring and he couldn't have been nicer. Fully accepting responsibility and blame, obviously will pay full damages etc. Intending to sort it out with me as long as repair isn't stupidly high, in which case he'll go through his insurance.

The venue have got in contact and they think they've got CCTV footage. Things are looking good!


you'll have to go by the book then maybe, the old fable states you cant bullshit a bullshitter. So he will know exactly how to get away with it if he so wants to. But he may be honest and with the money he must have floating around probably wont care at all about you going through insurance or just paying for it all outright.
Damn bikes are FAR too easy to write off just for silly little things. Same with modern cars, Slightest tap and you damaged the smallest part thats worth half the cost of the car. A more cynical person could become suspicious Wink


Yeah, I guess. My first thought on finding out he was a solicitor was that he would know every trick in the book to get out of it. Very pleasantly surprised to find out just how cooperative he's being. He said his intention is to sort it out by paying me the cost of repair, but he said if it ends up running into silly money he'd be going the insurance route. Hopefully for both our sakes it's just cosmetic damage.


Nai wrote:
Thats got to be one of the most gut wrenching feelings. Coming back to your bike and seeing it laying on the floor.

Hayes is my local town (and filled with chavs and aresholes) and Brent is where I work (also filled with arseholes). On 4 occasions now I have come out of work or out of the shops to find my bike lying on the floor, or being sat on then promptly dropped as the chav on spots me walking towards them, leaps off and runs. Has put me off getting another bike with fairings / easily damageable bits until I have moved out of the area now Sad

Haven't had any luck with getting anything paid for with any damage from any of them drops, does sound like he is honest though if he was looking for you. Good luck!


Yeah, hopefully. It's so depressing that there are so many people out there who don't have any responsibility for their actions. I was brought up to know that if I damaged something, I'd pay for it somehow. I remember working all summer cleaning cars once to pay for a window I smashed in school from a misplaced football. I'm really glad he came to find me and so far is indicating he'll play ball.



On a different note, is it unreasonable to have both wing mirrors replaced? If I only replace the one that was damaged I'll have one tatty old one and one shiny new one!

Also, I discovered yesterday that the bike won't start in gear Sad Does this indicate the sidestand kill-switch has been damaged? Starts fine in neutral, and once the sidestand is kicked up and I put in in first, it carries on fine - just doesn't start in first gear...
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The Disapproving Brit
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PostPosted: 08:02 - 22 Jun 2011    Post subject: Reply with quote

ginllfixit wrote:

On a different note, is it unreasonable to have both wing mirrors replaced? If I only replace the one that was damaged I'll have one tatty old one and one shiny new one!

Also, I discovered yesterday that the bike won't start in gear Sad Does this indicate the sidestand kill-switch has been damaged? Starts fine in neutral, and once the sidestand is kicked up and I put in in first, it carries on fine - just doesn't start in first gear...


Sounds a bit cheeky to be fair. If there's a deal going along the lines of "£40 a mirror, the pair for £50" then maybe, but otherwise I wouldn't. Chances are he'd never know but still...

As for not starting, get it checked over by a garage at his expense, it's the only way to be sure.
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calyx
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PostPosted: 01:19 - 23 Jun 2011    Post subject: Reply with quote

Garages check accident damage for free. Even in London.
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