Wind damage - Who is liable?

[Monkeypony]

Some kids little 125 has blown over in the wind and knocked into my bike. Not too much damage, dent in the tank and some smashed fairing.

Question is, will his insurance company pay out, or is it one of those bullshit act of God things?
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Current bike - 2018 H2-SX, 2004 SV1000s, 2016 Aprilia RSV4 RF, 2017 Sherco SERF 300, 2003 Suzuki DRZ400 (stolen - AY53 JUU)

[Shinigami]

his bike damaged yours so imagine his insurance should cover it regardless of wind?

if it was only his damaged then he prob couldn't claim
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Current: Honda City Fly CLR125 2003 Honda CB600F Hornet 2008 Yamaha FZ6 S2 + 1991 Kawasaki GPZ500
"Once you realize what a joke everything is, being the Comedian is the only thing that makes sense.

[lihp]

Why should he be liable? In what way has he been negligent?
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covent.gardens: lihp is my most favourite member ever

[Monkeypony]

[chickenstrip]

It's all the Environment Agency's fault!
No, no, David bloody Cameron's to blame!

Act of God, get over it sucka!

[map]

[Monkeypony]

[G]

[lihp]

[Kai.Wilson]

How do you know yours didnt fall first then his?

[Monkeypony]

[lihp]

If some guy walked past and pushed your bike over and it hit a jag, would you happily admit liability and lose your no claims because somebody pushed your bike onto his car?
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covent.gardens: lihp is my most favourite member ever

[Monkeypony]

[Shinigami]

thought this was partially the reasoning behind all vehicles not sorn'd and kept off the road had to be insured? as they can cause damage even if not being driven etc, ie. parked car is run into and is knocked into the next car
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Current: Honda City Fly CLR125 2003 Honda CB600F Hornet 2008 Yamaha FZ6 S2 + 1991 Kawasaki GPZ500
"Once you realize what a joke everything is, being the Comedian is the only thing that makes sense.

[esullivan]

I came back to my bike in Uxbridge a couple of weeks ago and all of the scooters/motorcycles to my bike's right had blown over in one of the sharp gales we've been having, like a line of dominos. Mine, presumably the one with the strongest kickstand, remained upright and saved all of the scooters/motorcycles to the left.

No damage to my bike (one of the advantages of a heavy naked), but I had to pick up all of the others to untangle it. A pedestrian helped with a couple of the heavier ones. There was bits of plastic, side mirrors, smashed indicators, etc. all over the ground. I waited around as long as I could to see if anyone came back so that I can explain how all of this damage happened, apparently while just sitting parked. No one showed up, so off I went leaving a mystery behind me. I guess I could have left a note, but it was chucking it down at the time.

I know, I know, cool story bro', but this thread reminded me and I wonder how insurance will sort that one out?
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Current: '14 VFR800X Test passed 31/10/12.
Previous: '12 NC700S, '11 CBF 125, '04 SH 125.

[wr6133]

I think you claim on your insurance.

However this based on some thin reasoning as Google didn't enlighten me much but I found this

[MC]

[robs321]

[GeorgeB.]

Put yourself in his shoes - You bike falls over, nothing you can do about it, and then the bloke goes straight to your insurance which rape you for the next few years preventing you from having nice bikes.

By all means, ask him to pay most or all of the repairs, but going through his insurance if he will pay is a bit mean
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Current: '99 Fazer 600 | '99 Range Rover P38 4.6 HSE
Previous: Keeway TX125 | CBF 125 | CB400SF Project Big One
CBT 04/12/12 | Theory 03/12/13 | MOD 1 06/01/14 | MOD 2 13/01/14

[nowhere.elysium]

Don't brutalise the poor sod; it's not his fault. I'd get him to replace the tank (accept a second hand one), and repair the fairings myself.
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'10 SV650SF, '83 GS650GT (it lives!), Questionable DIY dash project, 3D Printer project, Lasercutter project

[Monkeypony]

[P.addy]

Me being me, if a kid that was genuinely apologetic and not all up in my face about how he "isn't gona do inshurence" or using bad English.. I'd probably let em off anyway, couldn't be helped.

People who would actively shift my bike to cram theirs in then crack the fairings, fuck them.

I've let a few things slide in the past, as have other people to me, so its all fair.

[pinkyfloyd]

I had my bike knocked over by a car once and it dented another cars bonnet. There is a thread on here somewhere asking about advice.

Long story short. Police said there was nothing I could have done to prevent what happened. My bike was not parked negligently and the accident was not my fault.

I would assume the same applies. If the owner parked his bike with accordance with the manufacturers instructions (eg safely on a stand) then the fact that his bike fell over all by itself is not his fault.
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Teflon-Mike:I think I agree with just about all Pinky has said.

[DrDonnyBrago]

I have a forked stick stashed in a hedge at work that I wedge under the right hand crash bung. Bike has survived some proper gales because of that stick.

[scorps]

my shadow was blown over last week, luckily a soft plastic wired fence and sturdy post staved off major damage, a few scratches to the exhaust covers and front right fork cover. It was very windy here
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