...accidents happen

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k1w1boy · #1 Post by **k1w1boy** » Sat Jan 17, 2009 10:02 pm

... Pulled into the motorcycle bay at my Tesco where a car was parked today, and the driver alledges I damaged his door with my plastic toe slider as I dismounted. He went nuts so we swapped details etc. - Am wondering how much of a claim folks think / can confrm he's got... kinda hoping him being illegally parked works for me. My insurance co is skeptical about his claim but I rang Devitts for a 2nd opinion and the dude said the opposite i.e wrongly parked or not, if damaged he can still claim.

sabestian · #2 Post by **sabestian** » Sat Jan 17, 2009 10:33 pm

Claim damages to your toe slider (and the toe itself of course) done by his illegally parked car. Bloody tosser.

I wouldn't be so sure if he'd be willing to take it to court, he'd have to admit to parking unlawfully. Then you'd say that there was no other way of getting off your bike because you were blocked by his car. Were you supposed to stay on it until he decides to drive away?

In my opinion he is just trying to scare you to settle but I'm no lawyer.

Call ridersupport straight away they're dogs bits. Google them, it's a no win no fee organisation focused on bikers. They helped me a lot.

Aladinsaneuk · #3 Post by **Aladinsaneuk** » Sat Jan 17, 2009 11:13 pm

any witnesses at all??

if not, just you and him, then he loses - he was parked illegally

you said he went nuts - abusive language? if so, report to plod - even though it is private property, they will take an interest then
(and obscenities in a public place was in the news just today....)

oh - and mention to plod he was obstructing you by parking illegaly on tescos properrty

report him to tescos - if by his own admission he was parked illegally, then they can charge him £80 - and insist that they do it as anything less would be active discrimination against motorcyclists (They charge for staying for more than three hours, so illegally parking MUST have the same penalty... if not say the word and a few of us will wander down to the local store and all park our bikes in a car space....)

****

and yes, thanks to a twat at work I have hurt my back and am in a bad mood!

paddyz1 · #4 Post by **paddyz1** » Sat Jan 17, 2009 11:26 pm

www.sorrymate.com

D-Rider · #5 Post by **D-Rider** » Sat Jan 17, 2009 11:31 pm

Further to our PM chat and what's posted here - I'm wondering whether he was actually parked illegally or just inappropriately.
Presumably it's just Tescos designation of which vehicles they hope to park in which part of their car park. They and you might not be happy about the idiot parking there but I really don't know whether the weight of the law stretches to protect such designations on private property ... I fear maybe not.

Nevertheless, he was parked where he shouldn't have been.

There's a Sainsburys near us that has separate bike parking (none of the other supermarkets do). Whenever there is a car parked where it shouldn't be, I park right next to the driver's door ... which might cause him/her a bit of bother. Unfortunately, to date, I've always got back to the bike before the driver ....

k1w1boy · #6 Post by **k1w1boy** » Sun Jan 18, 2009 10:54 am

...useful feedback.

Appreciated sympathy.

Will wait and see.

joecrx · #7 Post by **joecrx** » Sun Jan 18, 2009 12:18 pm

verry interesting , did you take a pic of the damage, the way he was parked is it on tesco cam ,

i would have just boped him where he stood

Falco9 · #8 Post by **Falco9** » Sun Jan 18, 2009 12:59 pm

k1w1boy wrote:... Pulled into the motorcycle bay at my Tesco where a car was parked today, and the driver alledges I damaged his door with my plastic toe slider as I dismounted. He went nuts so we swapped details etc. - Am wondering how much of a claim folks think / can confrm he's got... kinda hoping him being illegally parked works for me. My insurance co is skeptical about his claim but I rang Devitts for a 2nd opinion and the dude said the opposite i.e wrongly parked or not, if damaged he can still claim.

It really doesn't matter where he was parked. The question is "did you do it????"

If so then then you have a choice, admit to it or don't.

Personally if I hadn't done it I would deny everything and make sure I had a witness! (I'm sure you have numerous friends who were at Tescos that day) but that's just me, but as Joecrx says theres a lot to said for just giving him a slap

F9

bigun · #9 Post by **bigun** » Sun Jan 18, 2009 2:45 pm

Should've booted his door and given him proper reason to kick off!

I'd have told him to sling his hook but then I'm big enough and can be nasty enough to make people back off very easily. Can he really claim against your bike insurance as technically your bike didn't hit him. What would happen if it was a trolley for example, what insurance would he claim against?

Fight it.

Bigun.

Samray · #10 Post by **Samray** » Sun Jan 18, 2009 3:02 pm

The insurance is irrelevant since it was on private property Shirley?

Shoulda booted him stead of the motor.

Thumper · #11 Post by **Thumper** » Sun Jan 18, 2009 4:38 pm

Beware!!! I had a guy run into the back of my van on a forecourt no damage to me and he cracked his number plate! I said forget it no problem, 3 months later I get a bill from his insures saying I backed into his vehicle! I phoned my insurers gave them all the spill.. guess what ?they paid him out and docked my no claims discount BASTERDS!!!!......

Falcomille · #12 Post by **Falcomille** » Sun Jan 18, 2009 4:43 pm

I doubt whether an insurance claim would be entertained as it would be on a knock for knock basis and as the damage would be so slight, his excess would make it unacceptable. Personally I would have parked my toe slider in his soft dangly bits. What a wanker.

#13 Post by **mangocrazy** » Sun Jan 18, 2009 5:17 pm

It always surprises me when a car driver elects to pick a fight with a biker, especially one wearing full leathers, gloves, boots and helmet. All you've got to do his grab his lapels/shirt and drop the (helmetted) nut on him and it's end of story.

k1w1boy · #14 Post by **k1w1boy** » Sun Jan 18, 2009 6:38 pm

bigun wrote:Should've booted his door and given him proper reason to kick off!

I'd have told him to sling his hook but then I'm big enough and can be nasty enough to make people back off very easily. Can he really claim against your bike insurance as technically your bike didn't hit him. What would happen if it was a trolley for example, what insurance would he claim against?

Fight it.

Bigun.

... these and other questions are running around in my head. Though (Falco9) he was sitting in the car when the incident occurred so there's no denying 'contact'. Stupidly, I didn't take pictures or record a witnessess details and he had his wife with him so I could be screwed. 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

Big_AL · #15 Post by **Big_AL** » Sun Jan 18, 2009 8:17 pm

unless i mis-read your post, your bike did not hit his car nor were you riding your bike at the time so how can he claim off your insurance. Surely he should go though the small claims courst same as if a pedestian knocks your wing mirror as they walk past. Can't claim off their car/bike insurance. Just a thought?

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