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JakeBeresford
L Plate Warrior



Joined: 16 Mar 2010
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PostPosted: 14:33 - 16 Mar 2010    Post subject: Accident Advice Reply with quote

Hi guys,
First post here.

Having a bit of a problem,
My bike was in for a repair on warranty, bike garage gave me a courtesy bike so I could still get about. While I had this I was involved in an accident, 1 vehicle although it was the fault of a 3rd party.
Clay and gravel on road from a building site nearby, which is illegal, police pulled up minutes after accident but did not report it as no one was seriously injured.
I'm having trouble tracking the police officers down.
I've informed the bike shop of the accident and that I intend to try to claim from the construction company, I will use a company like mcams for this, theyre a motorcycle claim company.

I've been told I cannot collect my bike until I have payed the excess but this being £500 and me only being 18 can't just pull that from no where.

I still have the courtesy bike and it is safe to ride. Is there anyway of getting my bike back and postponing the payment of the excess until I have been successful or unsuccessful claiming it from the building company?


Regards


Jake
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Kickstart
The Oracle



Joined: 04 Feb 2002
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PostPosted: 14:40 - 16 Mar 2010    Post subject: Reply with quote

Hi

To your main question, probably not. While the site might be liable, proving it and getting any money will take months and quite possibly years, hence they won't want to wait around to be paid.

What is the bike and what is the damage? As possible the damage from dropping it will be less than the excess anyway.

All the best

Keith
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JakeBeresford
L Plate Warrior



Joined: 16 Mar 2010
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PostPosted: 14:44 - 16 Mar 2010    Post subject: Reply with quote

Total damage to bike was £560 bent handlebars and scratched plastics.
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iooi
Super Spammer



Joined: 14 Jan 2007
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PostPosted: 14:55 - 16 Mar 2010    Post subject: Reply with quote

You are going to have to talk to the shop and put a very good case across, to avoid paying the excess.
You may find that carrying on using the bike will result in a large bill in your direction for the hire of the bike. Or even worse they take it back and leave you bikeless till you do settle up. Remember they will then have the right to possibly charge for storage of your bike.
So i would be looking to find that £500 quick and then tackle the claim.
At the moment you are on a major and expensive hiding to nothing unless you sort the garage out quickly.

As above this claim could take a long time and cost a lot of money.

To be honest you should have forced the officer to report it, when they stopped at the time.
Now you are going to have one hell of a job proving that it was the mess on the road that caused it.
Got any pics etc.....
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pa_broon74
World Chat Champion



Joined: 28 Mar 2006
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PostPosted: 17:01 - 16 Mar 2010    Post subject: Reply with quote

Hi.

I'm not sure the bike garage can hold your bike in lieu of payment of the excess, that to me sounds illegal. I'd check up on that.

Obviously if you were withholding payment for the work done then I suppose so but for the the excess?

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iooi
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PostPosted: 17:26 - 16 Mar 2010    Post subject: Reply with quote

He signed the agreement saying if he crashed its a £500 excess.

No mention is made of if the hire bike has been fixed and if not who will be doing it.

Stuff like this shows just how its worth paying the damage waiver.
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pa_broon74
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Joined: 28 Mar 2006
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PostPosted: 18:32 - 16 Mar 2010    Post subject: Reply with quote

iooi wrote:
He signed the agreement saying if he crashed its a £500 excess.

No mention is made of if the hire bike has been fixed and if not who will be doing it.

Stuff like this shows just how its worth paying the damage waiver.


Yup.

He did, but that cost has no direct link to his own bike. I don't think they can withhold his property under those circumstances. It amounts to obtaining money by extorsion or some such thing (not exactly that but something similar, I can't quite remember what.)

You're right about waiver of course.

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Pete.
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Joined: 22 Aug 2006
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PostPosted: 20:04 - 16 Mar 2010    Post subject: Reply with quote

I would be inclined to agree - If he accepts and agrees to pay the excess for the damage they should release his bike. I don't see that they have a right to hold onto it.
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pa_broon74
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Joined: 28 Mar 2006
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PostPosted: 11:49 - 17 Mar 2010    Post subject: Reply with quote

Pete. wrote:
I would be inclined to agree - If he accepts and agrees to pay the excess for the damage they should release his bike. I don't see that they have a right to hold onto it.


Which is what I think.

To the OP, I'd write a letter to the garage stating the facts as you have them. A) You're going to claim against the building site contractors for the crap being on the road and B) That pending the claim against the builders you agree to accept liability for the excess, (which you did anyway when you signed for the bike.) Make a point about the links you have with the garage (did you buy the bike from there or that they have your details on file.)

I just don't think they can hold your bike under these circumstances, but you need to be reasonable and meet them halfway. Even if in that letter, you express the point, if your claim is not sucessfull you agree to pay the excess in full.

I think you might have a hard time with getting a claim against the building site people to be honest, as has been said, photos and even if the police took your details, they'd be on file.

Also, I'd be worried about storage charges and possible rental charges on the courtesy bike you have.

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