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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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| Minty |
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 Minty World Chat Champion

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| _mjs_ |
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 _mjs_ Could Be A Chat Bot

Joined: 23 Feb 2012 Karma :   
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 Posted: 10:16 - 24 Feb 2013 Post subject: |
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Tell him you didn't cause the damage so he can stick his claim up his bum  ____________________ Previous Bikes: 2006 Honda XR125L > 2003 Yamaha DT125R > 1996 Honda CB500
Current bikes: 1997 Kawasaki ZZR 600 E5 > 2006 Honda Varadero XL125V |
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| Minty |
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 Minty World Chat Champion

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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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| Minty |
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 Minty World Chat Champion

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| Minty |
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 Minty World Chat Champion

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| Rizzix |
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 Rizzix Two Stroke Sniffer

Joined: 21 Sep 2012 Karma :    
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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 11:48 - 24 Feb 2013 Post subject: |
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I'm sorry, how exactly did your actions or negligence in the use of your vehicle contribute to his alleged loss?
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. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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| covent.gardens |
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 covent.gardens World Clap Champion

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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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| Rogerborg |
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 Rogerborg nimbA

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| Walloper |
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 Walloper Super Spammer

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| soforene |
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 soforene Nearly there...
Joined: 25 Oct 2009 Karma :   
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 Posted: 21:48 - 24 Feb 2013 Post subject: |
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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 ........  |
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| Walloper |
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 Walloper Super Spammer

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| bezzabsa |
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 bezzabsa Scooby Slapper
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| pinkyfloyd |
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 pinkyfloyd Super Spammer

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| illuminateTHE... |
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 illuminateTHE... World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 11:17 - 25 Feb 2013 Post subject: |
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| 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. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Islander |
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 Islander World Chat Champion

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| P. |
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 P. Red Rocket
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| T.C |
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 T.C World Chat Champion

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Old Thread Alert!
The last post was made 12 years, 302 days ago. Instead of replying here, would creating a new thread be more useful? |
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