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3rd Party Accident advice needed asap

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pinkyfloyd
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PostPosted: 10:03 - 24 Feb 2013    Post subject: 3rd Party Accident advice needed asap Reply with quote

Firstly, sorry its in General and not Dear aunty but I posted here because more of the knowledgeable people would read this here faster. Ok here goes.

Bloke comes to my door this morning, waking me up, saying my alarm was going off at 6:30 and my bike was laying on their car bonnet. Handed me a bit of paper with my details, their details and a police ref number. I was safely tucked up in bed at that time.

I called the police and apparently the call was logged at 6:45am with an RTA and driving away from the scene. Seems the guy has said they did not see the accident happen but a silver fiesta (possibly) was driving away from the scene but they believed the car crashed into my bike knocking it into their car. They did not get any plates on the car or anything.

Now my bike is sitting upright looking surprisingly how I left it last night so someone has obviously picked it up. There is a tiny dent in the bonnet of the car where it "could" have been my handlebar/brake lever. But from all looks it does not even look like my bikes moved an inch.

I have to go to the police now and show them all the details but I put it to you BCF gurus before I call my insurance to work out where I stand and what the likely outcome was. Obviously I dont see why I should be out of pocket because I was not on the bike or knock it over. Damage could have been made by a brick for all I know as my bike is where I left it with no damage.

TLDR version. Bike knocked over (possibly) by a car into another car. I was not on the bike at the time. Other (possibly involved) car drove away from the scene, no numberplates taken. Guy seems to think I should fork out for his insurance.

Help!
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.
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Minty
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PostPosted: 10:16 - 24 Feb 2013    Post subject: Reply with quote

Wait for insurance letter from 3rd party. Offer them nothing.

If letter comes in, give to your insurers with statement stating you are not aware of any incident occurring.

Would probably come down to any independent witnesses .
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_mjs_
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PostPosted: 10:16 - 24 Feb 2013    Post subject: Reply with quote

Tell him you didn't cause the damage so he can stick his claim up his bum Thumbs Up
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Minty
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PostPosted: 10:18 - 24 Feb 2013    Post subject: Reply with quote

Tell the guy as far as you are concerned, he may have driven into your bike and is trying to pull a fast one.
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pinkyfloyd
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PostPosted: 10:28 - 24 Feb 2013    Post subject: Reply with quote

Since I have spoken to the police I cant say I didnt know about it. But as far as I am concerned I have not seen or heard anything and my bike is upright. There is no evidence that my bike has been knocked over apart from it being parked next to the car and a small dent in the bonnet. Bike seems undamaged.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.
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Minty
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PostPosted: 10:40 - 24 Feb 2013    Post subject: Reply with quote

What I meant was that you are aware of no incident other than what the 3rd party are claiming happened.
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Minty
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PostPosted: 10:40 - 24 Feb 2013    Post subject: Reply with quote

What I meant was that you are aware of no incident other than what the 3rd party are claiming happened.
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Rizzix
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PostPosted: 10:42 - 24 Feb 2013    Post subject: Reply with quote

pinkyfloyd wrote:
Since I have spoken to the police I cant say I didnt know about it. But as far as I am concerned I have not seen or heard anything and my bike is upright. There is no evidence that my bike has been knocked over apart from it being parked next to the car and a small dent in the bonnet. Bike seems undamaged.


Just because you have been to the police doesn't mean you know anything about it.

Your bike may not even have been involved at all and could be someone pulling a fast one. If I were you I'd ask for photos of the bike on their car.

If they don't have those then it didn't happen as far as you are concerned.

Deny that it happened. Let them prove otherwise mate.
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pinkyfloyd
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PostPosted: 11:33 - 24 Feb 2013    Post subject: Reply with quote

Cheers guys. Been to the police as the girl on the phone said I needed to produce my docs. They took the ref number and looked on the system. Conferred with another officer and sent me away without looking at my docs telling me I wasnt liable and no need to contact my insurance unless I need to make a claim. Its down to the guy in the alleged car that drove away and his insurance.

Thanks guys.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.
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pinkyfloyd
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PostPosted: 11:43 - 24 Feb 2013    Post subject: Reply with quote

On a side note.

Bloke who came to the door had my full name and address which only the police could have supplied to him. Granted the guy may well know where I lived but he would not have known my first and last name. I have only talked to him in passing once.

Can I make a complaint about data protection? Surely the police should be the ones coming to my door not the neighbour?
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.
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Rogerborg
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PostPosted: 11:48 - 24 Feb 2013    Post subject: Reply with quote

I'm sorry, how exactly did your actions or negligence in the use of your vehicle contribute to his alleged loss? Thinking

Insurance isn't a magic pay-anyone-for-anything money hose, it indemnifies you against liability that actually exists.

It's a civil matter, so it's down to a reasonableness test. Was it reasonable for you to park your bike where you did? Better yet, did he park his car next to your bike? Could you have reasonably foreseen the risk of something knocking it over onto his car? If so, then nobody should park a bike anywhere with less than 3' clear on either side of it, right?

Here's what I'd suggest that you do. Make sympathetic noises to the chap, thank him for picking your bike up, have a shared moan about nobody taking responsibility for their actions any more, probably iTXTing their drug dealer while playing OONTZ-OONTZ-OONTZ music too loud as well, state of the country these days, letting anyone in, probably one of those Elbonians, likely not even got a dog license let alone a driving one.

But note that you're both victims, it's just unlucky that he came off worse this time. Politely but firmly tell him that neither you nor your insurer will be able to help him out, since no actionable liability exists. You'll understand if he feels that he needs to take legal advice and pursue it further, you won't take it personally, and you'll be happy for a court to arbitrate.

MIB or the coppers could have provided your details under the "prevention and detection of crime" DPA get out. I mean, they can't, not really, but they and the DVLA do it all the time, so it's a bit of a sticky wicket.

Oh, sadly the MIB untraced driver scheme has an excess of £300 for property claims.
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pinkyfloyd
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PostPosted: 15:08 - 24 Feb 2013    Post subject: Reply with quote

Update:

Dude just came back to the door asking if I had my details. He was told that I have been down to the police and been informed I am not liable. The convo went along the lines of this. I was cooking so Mrs Pinky sent him on his unhappy way

Us: We're not liable.
Him: Your bike hit my car
us: Did it? When I looked today it was upright how it was left.
Him: Thats because I picked it up.
Us: Did you?
Him: Yes, it was laying on the bonnet of my car. So you have no documents to produce?
Us: No we are not liable as we were not on the bike, we didnt cause the accident.

He muttered words to the effect that he'll be in touch with the police etc but we told him to do it.

Now we do not want to fall out with the neighbours, we've only been here a few months but we are not paying for damage to a car if we are not liable for said damage.

Anything else happens we'll inform him that if we come down to his house and shoved his TV up his arse sideways and ask him if it would be his fault for owning the TV or my fault for twatting him with it?

We are now waiting for the popo to come and have a chat as we all know they have no idea of what they are doing at the best of times.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.
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covent.gardens
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PostPosted: 16:53 - 24 Feb 2013    Post subject: Reply with quote

You could have handled that a bit better! Along the lines of how Rogerborg suggested dealing with it would have been good!

I'm not saying you're liable... you're not - unless it fell off the sidestand because you didn't put it on properly or something... but it probably is true the guy lifted your bike off his car and now he's been sent away feeling like you've called him a liar. He feels wronged, angry. Hope he doesn't think eye for an eye and damage your bike now!
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pinkyfloyd
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PostPosted: 17:13 - 24 Feb 2013    Post subject: Reply with quote

covent.gardens wrote:
You could have handled that a bit better! Along the lines of how Rogerborg suggested dealing with it would have been good!

I'm not saying you're liable... you're not - unless it fell off the sidestand because you didn't put it on properly or something... but it probably is true the guy lifted your bike off his car and now he's been sent away feeling like you've called him a liar. He feels wronged, angry. Hope he doesn't think eye for an eye and damage your bike now!


Wouldnt take him too.

Truth is he saw what he believes to be the culprit drive away, the police told me that much. He also knows I was not on the bike at the time. But he thinks that because he knows he cannot track down the person who caused the accident he would try and claim off me because it was my bike involved. His mistake was lifting my bike up in the first place. I have no damage to my bike and from the looks my bike was exactly where I left it last night. Would have been impossible for the side stand to have caused it as the stand is on the opposite side of the bike.

Ultimately I'm as much a victim in this as he is, fortunately his car saved any damage my bike may have sustained in the collision. Unfortunately he'll have to pay for the damage to his car because he did not get the details of the car that caused the accident.

As Mrs Pinky says. If I twatted someone with a fence post from a garden would it be my fault or the fault of the home owner that the gatepost came from?

Dont get me wrong, at no point were we rude to him. We pointed out the facts that it was not my fault.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.
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Rogerborg
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PostPosted: 19:35 - 24 Feb 2013    Post subject: Reply with quote

pinkyfloyd wrote:
I was cooking so Mrs Pinky sent him on his unhappy way

Didn't you at least offer him one of those fairy cakes? Eh?
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Walloper
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PostPosted: 21:43 - 24 Feb 2013    Post subject: Reply with quote

Rogerborg wrote:
pinkyfloyd wrote:
I was cooking so Mrs Pinky sent him on his unhappy way

Didn't you at least offer him one of those fairy cakes? Eh?


OP, Mrs Pinky has you where she wants you.

Who wears the feckin' troos in The Pinky Household then? Very Happy


There's the auld insurance loop-hole where you're not required by law to report an accident to your insurer or the police.
Unless there is injury to person, livestock or a mutt. Kittens don't come into that so you can hit as many as you like. (sorry).

If no witness then it's his word against yours.
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Walloper
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PostPosted: 21:59 - 24 Feb 2013    Post subject: Reply with quote

soforene wrote:
Wouldn't you have to twat a bike really hard to launch it skywards and onto a car bonnet?
And surely that would create at least a scratch on the bike.

Something smells a bit fishy-kins ........ Confused


You mean a bit 'Warped'? Very Happy
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bezzabsa
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PostPosted: 22:07 - 24 Feb 2013    Post subject: Reply with quote

erm, surely if it had been knocked onto his bonnet there would be damage to the bike and car in several places???? have you been and checked the car see if anything else is marked?

Tell him that you have spoken to a legal advisor and have nothing further to say....
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pinkyfloyd
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PostPosted: 00:33 - 25 Feb 2013    Post subject: Reply with quote

soforene wrote:
Wouldn't you have to twat a bike really hard to launch it skywards and onto a car bonnet?
And surely that would create at least a scratch on the bike.

Something smells a bit fishy-kins ........ Confused


The car is one of those newer shaped peugot 206 (?) thingys and there is a few marks/dinks on the bonnet that are roughly the same distance apart as my bar end and brake lever is.

Other than that there is no visible signs of any damage to my bike at all. But then those that have seen my bike would understand it would be hard to tell right away. Its been knocked over a few times by chavs getting pissed up. Seems I am doomed to have a bike that gets knocked over.
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illuminateTHEmind wrote: I am just more evolved than most of you guys... this allows me to pick of things quickly which would have normally taken the common man years to master
Hockeystorm65:.well there are childish arguments...there are very childish arguments.....there are really stupid childish arguments and now there are......Pinkfloyd arguments!
Teflon-Mike:I think I agree with just about all Pinky has said.
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illuminateTHE...
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PostPosted: 01:13 - 25 Feb 2013    Post subject: Re: 3rd Party Accident advice needed asap Reply with quote

pinkyfloyd wrote:
Firstly, sorry its in General and not Dear aunty but I posted here because more of the knowledgeable people would read this here faster. Ok here goes.

Bloke comes to my door this morning, waking me up, saying my alarm was going off at 6:30 and my bike was laying on their car bonnet. Handed me a bit of paper with my details, their details and a police ref number. I was safely tucked up in bed at that time.

I called the police and apparently the call was logged at 6:45am with an RTA and driving away from the scene. Seems the guy has said they did not see the accident happen but a silver fiesta (possibly) was driving away from the scene but they believed the car crashed into my bike knocking it into their car. They did not get any plates on the car or anything.

Now my bike is sitting upright looking surprisingly how I left it last night so someone has obviously picked it up. There is a tiny dent in the bonnet of the car where it "could" have been my handlebar/brake lever. But from all looks it does not even look like my bikes moved an inch.

I have to go to the police now and show them all the details but I put it to you BCF gurus before I call my insurance to work out where I stand and what the likely outcome was. Obviously I dont see why I should be out of pocket because I was not on the bike or knock it over. Damage could have been made by a brick for all I know as my bike is where I left it with no damage.

TLDR version. Bike knocked over (possibly) by a car into another car. I was not on the bike at the time. Other (possibly involved) car drove away from the scene, no numberplates taken. Guy seems to think I should fork out for his insurance.

Help!



video may come in handy

https://www.youtube.com/watch?v=6wXkI4t7nuc
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Rogerborg
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PostPosted: 11:17 - 25 Feb 2013    Post subject: Reply with quote

Walloper wrote:
There's the auld insurance loop-hole where you're not required by law to report an accident to your insurer or the police.
Unless there is injury to person, livestock or a mutt.


The subsection 3 statutory duty to report if you didn't stop and give details at the scene applies to injury to a person except the driver (technically including your passengers) or to property, including some beasties. Not alpacas or ostriches though.

The subsection 5 statutory duty to show insurance after the fact if you didn't do so at the scene only applies to injury to a person, not to property (including beasties).

You will be contractually obliged to report any accident or loss to your insurer, regardless of the circumstances. I'm not saying that you should, I'm saying that you'll have agreed to do so.

None of this has any bearing on this case though, since pinky and aggrieved neighbour are both victims and most likely neither of them did anything wrong.

It would still be better if he'd parked next to your bike rather than t'other way around, but I very much doubt there's any reasonable liability either way.
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Islander
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PostPosted: 11:51 - 25 Feb 2013    Post subject: Reply with quote

Surely you can tell whether the bike's been over or not by the alarm state when you next disarmed it. The Datatool on mine lets you know there's been an alarm condition by bleeping differently on disarming.
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P.
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PostPosted: 12:03 - 25 Feb 2013    Post subject: Reply with quote

Shit to hear buddy, as has been stated, you are not liable. More than likely this will blow over and the guy will try and scam another person.

Rogerborg wrote:
probably iTXTing their drug dealer while playing OONTZ-OONTZ-OONTZ music too loud as well.


Fucking lol. Laughing
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T.C
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PostPosted: 14:44 - 25 Feb 2013    Post subject: Reply with quote

Rogerborg wrote:
Walloper wrote:
There's the auld insurance loop-hole where you're not required by law to report an accident to your insurer or the police.
Unless there is injury to person, livestock or a mutt.


The subsection 3 statutory duty to report if you didn't stop and give details at the scene applies to injury to a person except the driver (technically including your passengers) or to property, including some beasties. Not alpacas or ostriches though.

The subsection 5 statutory duty to show insurance after the fact if you didn't do so at the scene only applies to injury to a person, not to property (including beasties).




Firstly there is an obligation to stop in any accident where injury or Damage is caused to a third party or their property.

In these cases the crash must be reported as soon as practicable but in any case within 24 hours at a Police station and in person.

The obligation to produce insurance does only apply to injury cases but it must be shown to anyone with grounds to reasonably require production of that insurance certificate, which could be a passing member of the public who promises to pass the details on, or as in most cases the Copper dealing with the crash.

But you are right in that there is no obligation to produce insurance details in damage only crashes.
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