...accidents happen

[D-Rider]

Stupidly, I didn't take pictures or record a witnessess details and he had his wife with him so I could be screwed.

..... swingers were they ?...........

The damage he showed me could literally be buffed out with a tissue ... whether that's the only damage he'll try and get me for is another question

In that case, offer to rectify the damage yourself and get buffing He may have a case that you should rectify the damage but I don't see that he can object if you provide that rectification yourself.

[Falco9]

Probably a good lesson for all of us here. I still think nothing will come of it but............

Always try to get a photo of any (alleged) damage (most mobile phones have a camera of course)

Always try to get a witness , even a passer by will do

Always deny liability and all knowledge of anything you are accused of (this was the first thing my Police friends drilled into me years ago)

As honest decent people, which I firmly beleive we are (I've never met or dealt with a forum member here I wouldn't be happy to call a friend) our basic instinct is to do "the right thing" which I think is to be upfront & honest about various situations we find ourelves in such as k1w1boy's situation here, giving our details maybe even admitting a degree of liability? (I'm not saying k1w1boy has done so of course)

The reality is to admit nothing, say nothing and make the other party (whether it be a tosser like this or the law) prove their case every time.

This is just another sad enditement on the state of our society......at every corner there seems to be someone who wants to rip you off or make money at someone elses expense and we have to defend ourselves aginst this type of attitude. Most cases, both legal and for insurance purposes are resolved because one party or the other has agreed to be at fault, or admitted to doing something wrong........so don't do it! Make the other party prove you were in the wrong (if indeed you ever were)

Sorry, I know this a case of "bolting the stable door after the horse has legged it" but.......hopefully nowt will come of this particular situation

F9

[Aladinsaneuk]

again, because i can be a c*nt

go report an accident to the police - to get an incident number

I am willing to bet he hasn't

I believe that the failure to report an accident is an offence - and would fuck up any claim he would make...

(that silly bitch who screwed my back is really pissing me off ....)

[k1w1boy]

...initially I wasn't going to give him my details - in stunned disbelief (and dealing with just diagnosed tonsillitis) so he called the cops and the cop asked to speak to me. The cop was very nice and calmly pointed out that it was an offence to with-hold my details, but he also said that since no one was hurt the police are completely disconnected from the incident. A learning experience.

[EdinburghFalco]

OK confession, I was a cop in a previous life. Given that it was a while ago and in Scotland where the law is different here are my thoughts

1. As stated in any situation connected to accidents don't admit liability and do take photos of ALL damage on other vehicle.
2. If the cops are called be sweetness and delight, remember you cannot win an argument with them and if you appear aggressive they will end up looking for other problems with your bike etc. If they ask you to do something unreasonable or beyond their powers, have them record your view they are in the wrong and if you later find out you are in the right make a formal written complaint and ask for a formal written adjudication of the complaint, don't fall the Inspector who pops round and says he will give the cop a talking to.

On to this case. I don't see how this can be counted as a motor vehicle accident as there was no direct contact between motor vehicles. If a car driver gets out his car trips and falls and rips the wing mirror off another car in the process it ain't a motor vehicle accident and so I don't see how this is either. Try and forcefully put this point of view to your insurance company and if you have legal expenses cover use it to get their opinion.
My view would be that this is a civil matter and would have to be pursued through the small claims court. I would angle for this to happen as it means extra hassle for him and he may chuck it if he thinks he isn't getting a quick buck and will have to justify parking in a clearly marked motorcycle parking bay. If it goes to court play this card for all its worth. State that having parked your bike the only way you could get off was the way you did otherwise you could have lost your balance meaning greater damage to your own bike and other bikes and potentially greater damage to the said car. If the court finds against you this should reduce the liability and perhaps even persuade the judge that your actions were the only ones open to you and therefore justifiable.
I think the plod who turned up were trying to reduce their work load. The police don't have to record an accident if no one is injured but if they attend you can ASK them to after all they are meant to be there to help. This cop is obviously counting this as a road accident by using the legislation under the road traffic act to swap details, if your legal expenses people confirm it is not, you are within your rights to complain about him.
If you are going to admit liability ask him to provide you with three written quotations from coach builders for the repair, if you know someone in the trade you trust insist he is one of three providers of the quote, offer to pay the lowest. If he refuses and it goes to court his "bums oot the windae" as they say up here.

[Firestarter]

I can see one potential flaw in EdinburghFalco's suggestion (although it is still a good suggestion) - if you couldn't dismount without damaging the car, why did you park there? Why not find somewhere else? Does it really matter that he was in a motorcycle bay - if it was another bike, would you have had the same problem? If you were in a car, and the space was tight, would you just park there anyway and open your door into the other car?

Just playing devil's advocate above, my view is that the guy is clearly a pillock, and I doubt that there's any real damage (unless you had metal toe-sliders on, which you say you didn't) that won't polish out. It clearly not an insurance job (as a few people have already said), so unless he starts claiming criminal damage (as in, you deliberately damaged his car), he's looking at small claims court.

[EdinburghFalco]

Yeah you are right this is a plea in mitigation rather than a fool proof defence. At the small claims, if it goes that far, its a case of arguing that by parking in the motorcycle bay he ignored a warning that was there for his own good, ie cars can get scraped when they park too close to bikes and so his actions are a contributory cause of what happened.

[sabestian]

Mate, don't wait, there are smarter than us out there: www.ridersupport.com

I won my case with their help, took 3 years but got my money at the end, even though my 'legal cover' said to sit quiet 'cos it was my fault. BS.

I fell off because of other driver, I did not hit her ( ), I had no witnessess, no scrapes on her car, no CCTV, nothing to prove my point, she denied being there at all from the day one... They still found a precendence etc., pressed on and

Go get a sound advice, it costs one phone call. We can talk forever but it takes a lawyer's letter to his door to shut his yapping pie-hole.

[yellowasp]

interesting read. What happened in the end

[Nooj]

You have his details, address and wotnot? if it goes against you maybe late one night a few weeks later his car could mysteriously get covered in Nitromores, accidents do indeed happen.

Hundreds of spaces for cars and the prick has to park in the ONE bike space, he deserves it.

[k1w1boy]

interesting read. What happened in the end

...to date nothing. Stupid, masochistic, sh*t-stirrer part of me kinda wants to find out, but then and again, a smarter bugger than me once said "Let sleeping frogs lie" - discretion being the better part of valour and all that. Just noticed the spellchecker disagreeing with my valour - must be an 'English(US)' setting - no biggie.