bike fell on to car

[mcgoogle]

Just after abit of advice on what to do. Last friday when i was at college my bike was blown over by the stong winds and damaged a car. When i parked(private car park) up no other cars were around so locked bike up and went to my lesson, about 2 hours later one of my tutors comes and tells me my bikes been blown over. Went outside picked bike up and a bloke from the college wrote down what damage there was to my bike and the car, corsa with full body kit, (dent on back wing). Spoke to lad who car it was and he said its just one of those things and that was the end of it until today when his mam rang me (must of got the number off the college) said the quote is £285(only quote they got) to repair the dented panel and the side skirt and if i want settle it outside insurance.

i was thinking about offering half the money but not when there trying to get me to pay for something that wasnt damaged, the college wrote down what damage there was so they cant argue about it.

So what does bcf reckon i should do.

[strag]

Tell them you will pay for the damage caused as recorded, or they can let the insurance battle it out. The extra (probably minimal) cost of the repair of the skirt if you lose, won't make any difference to the fact that you have lost your NCB.
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carbon bling

[Seb]

The fact that you parked up there first and that the other guy has come along and parked up (Arguably too close to you) afterwards makes me wonder why you should be lumped with the bill
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2010 Triumph 1050 Sprint ST

[McGee]

Private car park.

They don't have a leg to stand on.

Unless the UK has changed ?
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◙◙► K6 GSXR 600 ◄◙◙◙◙► K5 GSXR 1000 ◄◙◙◙◙► K5 GSXR 600 ◄◙◙◙◙► 96 RF600r ◄◙◙
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Its pronounced Jixxer!

[mcgoogle]

[owdamer]

I'm start by complaining to the college about passing your phone number on. They have no right to do so and are in breach of the dat protection act. As for the damage to the car ask them for provide proof that the damage is your responsibility. You have secured your bike as best you could. If it was such a windy day the guy in the corsa should have made sure that your bike would hit him if it toppled over. I wouldn't pay a penny.

[tutton]

Is there a entrance/exit thats open to the private carpark or is it got gates that are locked after everyone person if its the former, then traffic laws etc still apply as its now classified as the highway still.
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Past: '05 Peugeot XPS '99 Aprillia RS125 '94 FZR600R
Current: '02 ZX636 A1P '51 CCM R30

[mcgoogle]

[JAMSXR]

If the car has a body kit, there is a good chance the modifications have not been declared to the insurance company....
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Honda SFX50 > Aprilia SR125 > Aprilia RS125 > Honda RFV400 > K4 GSXR600 > KTM Duke > C1H 636 > K3 GSXR1000 > Aprilia RSV-R > Triumph Street Triple R > Ducati 899 Panigale > Aprilia Tuono 1100 > Triumph Daytona 675R > KTM SuperDuke 1290 2.0

[mcgoogle]

[Pete.]

Most establishments have signs stating that all vehicles are parked at the owners risk, so you could check that out.

Since you clearly haven't done anything that could be called negligent, and the car wasn't there when he parked up, in your place I wouldn't feel guilty about telling them to shove it (diplomatically). In this instance I would probably offer to pay half the damage as a goodwill-gesture. If they didn't find that acceptable they'd have to chance their arm with the small claims court. If anything, knowing that it was windy I'd say HE used poor judgement by parking near your bike and should shoulder the cost himself. Also, many policies don't cover 'acts of god' so they might also tell them to shove it.

A lesson to you in futur to always park your bike either head-on into the wind or leaning away from it.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[mcgoogle]

[Ste]

Your excess only comes in play if you're claiming from your own policy, say for theft. If someone else claims from your insurance then there is no excess to pay.

Can you have a look at the guys car at college or go round to where he lives to see it?

Also speak to them about getting some more quotes, you could offer to do this as it's in your interests.

[Pete.]

If the lad's at college the bodykit is almost certainly not declared IMO. Many insurers either heavily-load modified cars or refuse to quote. A while back there was a girl got her insurance cancelled for a non-standard pinstripe.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[Skudd]

Do the old trick of counter claim. he knocked your bike over while parking so close to it. I'm sure he caused some damage.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[mcgoogle]

[MattEMulsion]

Well I would have said that regardless of who parked where and when, the weather and the fact that you were nowhere near your bike at the time, it is still your responsibilty at the end of the day because your bike fell over and damaged someone elses property.

Imagine if say the Corsa's handbrake had failed halfway through the day and it had rolled into your bike and damaged it, I bet that you would certainly be chasing the owner of that for some cash to do the repairs.

It probably not what you wanted to hear but that is the way I see it. Its one of those unfortunate circumstances that happens sometimes.
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Yamaha YZF-R6

[mcgoogle]

Do the old trick of counter claim. he knocked your bike over while parking so close to it. I'm sure he caused some damage

so tempting but theres cctv which im going to view tomorrow

Imagine if say the Corsa's handbrake had failed halfway through the day and it had rolled into your bike and damaged it, I bet that you would certainly be chasing the owner of that for some cash to do the repairs

most definately because of there negligence of not putting the hand brake on.

[SpicyBlimp]

[Pete.]

[MattEMulsion]

[mcgoogle]

any one know of a simalar case where this has happend
could only find one but it might be in the states

copied from yahoo answers

I had parked my motorcycle for the night and left it in the car park bellow the flats that I was visiting for the night. The following day, the owner of the car that had parked next to me informed me that my bike had fallen over and damaged his car. As is usual in these things, it can get a bit tricky, but I gave him my insurance details before phoning my insurers and asking their advice.

The conclusion was this. I had parked my bike safely and properly. Since the law runs off of the reasonable man hypothesis, and since I had done everything that could be reasonably expected to ensure that my bike was properly parked, I was not liable.

The bike, a CX500, was not light and would not have fallen over by itself (Newtonian physics supports me on this). In all probability, a drunk returning from the pub fell over my bike, causing the damage.

The neighbour was not happy, but tough.

[mcgoogle]

[alone]

[SpicyBlimp]