Accident – car driver wants to take my bike for analysis?

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  • Accident – car driver wants to take my bike for analysis?
  • I think I can see where she is coming from. If She hit another car, lets say a 10yr old Mondeo. The Mondeo cot £19k new, but is now worth £1400.
    The insurance company , if it were to go through them , would give the Mondeo driver £1400 probably. Not £22k for a new Mondeo.

    She wants to give you the second hand value of a used bike, and you want a ‘new for old’ replacement like they do with household goods.

    You want a brand new shiney bike @ £999 to replace the one you were on , that , if put on Ebay / Classifieds would get hmmm dont know what you were riding or how new so lets say £600.

    You , being a man and understanding car insurance knows she will have to pay her excess and suffer increased premiums and loss of no claims bonus over the next 5ish years. So its well worth her while to settle away from insurance.

    She sees a second hand used bike that looks like any other bike you can get on Ebay for £250.

    Premier Icon sadexpunk
    Subscriber

    sorry for the slight hijack, but wouldnt mind a quickish answer on something that happened yesterday.

    a young kid, riding on the road, went into the back of my daughters car, smashing a headlight and scratching the bodywork. car was parked outside our house.
    daddy came along, a neighbour suggested an ambulance for the kid as it looked like a broken arm, and was told “i dont know how you do things round here, but we dont call for ambulances”!! wtf??

    anyways, he went off with kiddy saying hed be back. he didnt. obviously the kiddy is main priority and we werent too bothered bout him coming back yesterday evening. im going to have to visit him later tho if he doesnt pop round today.
    where does my daughter stand on this? obviously the damage wouldnt be covered by mateys car insurance as that wasnt involved. home insurance? nothing? if he wanted could he tell her to do one?

    hope you can give me a bit of info before i pop round.

    thanks

    Premier Icon BigJohn
    Subscriber

    A car is a tradeable commodity – that’s why it’s valid to quote equivalent replacement cost for cars.

    A bike however is not a commodity and that’s why it costs more to get one in the same condition.

    Premier Icon aracer
    Subscriber

    singletrackmind – as explained up thread, he’s entitled to be put back in the position he was before the crash. With a car you can just buy an equivalent replacement. It doesn’t really work like that with a bike. In any case, his bike is damaged not totalled, so he needs new parts. Undoubtedly like most people she doesn’t realise how much nice bikes cost, and/or doesn’t appreciate the difference between cheap and expensive bits (that or she’s just trying it on).

    sadexpunk – kid/daddy is liable, so you can ask him for the money (and sue via small claims if he won’t pay). Common misconception about insurance – it covers him for 3rd party claims against him, not the people making claims, if he doesn’t have any it comes out of his own pocket. As also mentioned up thread, he’ll almost certainly be covered under house insurance if he has that though.

    TuckerUK
    Member

    …went into the back of my daughters car, smashing a headlight…

    Christ, exactly how fast was the kid going?! 😯

    Premier Icon sadexpunk
    Subscriber

    haha, oops, obviously meant a rear light 🙂

    apparently the blokes been in touch and said either my daughter can claim on her insurance, and he’ll pay the excess (wont that have a negative effect on her premiums in future?) or she can get the work done and then tell him. what that means i dont know. cant imagine him being too quick to pay up a few hundred quid if thats what it costs.

    so…. according to the advice given

    sadexpunk – kid/daddy is liable, so you can ask him for the money (and sue via small claims if he won’t pay). Common misconception about insurance – it covers him for 3rd party claims against him, not the people making claims, if he doesn’t have any it comes out of his own pocket. As also mentioned up thread, he’ll almost certainly be covered under house insurance if he has that though.

    ……then she needs to get a quote and ask him for that, yep? and its up to him to contact his insurers (house insurance) to pay up? she neednt contact her insurers at all and nothing to do with them?

    thanks

    You are supposed to report the accident to the police inside a certain time so don’t leave it too long! Is it 14 days? Could be in trouble already

    as it appears she has stopped and gave details to you she has met her obligations so the reporting to police bit is moot.

    Have you got her registration? http://www.askmid.com will tell you whether she is/was insured. I’d be talking to lawyers now, sadly, as she is messing you about and I’d be suspecting she doesnt have insurance.

    Premier Icon wwaswas
    Subscriber

    tbh, I’ve lost patience with the OP.

    I don’t know how many people are going to have to say ‘She won’t pay any money unless forced to either at gun point or by the law’ before it sinks in.

    Premier Icon unklehomered
    Subscriber

    OP, you are clearly trying to be nice. I commend you for that. You’re trying to be reasonable, but I think the above advice is bang on. Lawyer up. It may well cause her to just stop arsing about. I suspect she can’t pay for a new bikie, and doesn’t want to get insurance involved, but that’s what insurance is for, so she doesn’t really have much choice.

    Premier Icon Scapegoat
    Subscriber

    @sadexpunk

    He’s right. The presence of your daughter’s car was a contributory factor in the injury to the child. Legally, as the user of the motorvehicle involved she is under an obligation to provide him with details and inform her insurers of the incident. There will now be a tirade of posts pointing out it was the child’s fault, but that’s actually down to the insurers to settle, not your daughter.

    To the letter of the law she is under an obligation to furnish details and the small print of her insurance policy will insist she tells the insurers about the collision and injury to the child. How they deal with it from there is up to them, not up to your daughter, or the father of the child.

    However, back here in reality what the father has proposed sounds perfectly reasonable. He appears to acknowledge his liability and appears to accept he’s going to be out of pocket. Best case scenario is a trip to a Mr Scratch type chip repair centre and a new light cluster , and shifting through the spectrum of options to a proper insurance quote a bodyshop repair costing the father £200-£500 in excess (or whatever the excess actually is) to the worst case scenario where the child is unable to pursue career as violin virtuso, father sues your daughter because the car wasn’t parked lawfully and she becomes uninsurable because she hasn’t complied with her obligations in her insurance policy agreement.

    Premier Icon sadexpunk
    Subscriber

    right, thanks. spose i dont totally understand all that, but in the first case she rings her insurers and tells them of the incident and gives details. i assume she’ll need mateys name, address and insurance company too? house insurance yep?

    and in the meantime get quotes for the work? and i also assume she cant get the work done herself, the insurers would have to nominate a place to do it?

    at what point does she tell the insurers tho? after shes got the quote, matey says no im not paying that, tell your insurers? or right now, even if matey would prefer to pay the cost rather than the excess?

    thanks again

    EDIT: that advice also seems to contradict aracers advice above, where daddy is liable, ask him for the money, he has to claim through his insurance and small claims if he doesnt pay?

    will both bits of advice have no effect on daughters insurance premiums in future? she obviously doesnt want to have ‘made a claim’ for something that wasnt her fault as that would have a negative impact in future wouldnt it?

    cbmotorsport
    Member

    sadexpunk – Member

    sorry for the slight hijack, but wouldnt mind a quickish answer on something that happened yesterday.

    a young kid, riding on the road, went into the back of my daughters car, smashing a headlight and scratching the bodywork. car was parked outside our house.
    daddy came along, a neighbour suggested an ambulance for the kid as it looked like a broken arm, and was told “i dont know how you do things round here, but we dont call for ambulances”!! wtf??

    anyways, he went off with kiddy saying hed be back. he didnt. obviously the kiddy is main priority and we werent too bothered bout him coming back yesterday evening. im going to have to visit him later tho if he doesnt pop round today.
    where does my daughter stand on this? obviously the damage wouldnt be covered by mateys car insurance as that wasnt involved. home insurance? nothing? if he wanted could he tell her to do one?

    hope you can give me a bit of info before i pop round.

    thanks

    A kid dashed out between some parked cars on his BMX a few years ago and t-boned the side of my car. His handlebars smashed my door glass, and the door was smashed in. Amazingly he was fine, which was good. I had to pay for the repairs myself, the police weren’t interested, and the father basically said ‘tough sh1t’.

    cbmotorsport
    Member

    tbh, I’ve lost patience with the OP.

    ^+1.

    It’s all very well being nice, and you have given her every chance to settle this the way she wanted to settle it (not involving her insurance company) but you need to get a grip, realise that she’s trying to wriggle out of paying all/some of what is owed and do something about it.

    Get her insurance details, phone the insurance company and tell them the situation. Give them or refer them to the police statement/witnesses and let them sort it out. Easy. If she doesn’t give you the insurance details, go back to the police.

    she obviously doesnt want to have ‘made a claim’ for something that wasnt her fault

    Case law has recently said that a parked car can amount to careless driving ie. the courts have concluded the accident doesnt have to be caused by a person driving a car, but also having driven a car. So if your daughter’s car was dangerously parked she could still be held at fault. And its always been the case that you have to declare making a claim regardless of who was at fault, as far as insurers are concerned if you’ve made a claim you are at a higher risk of claiming again (eg. if you park on a busy road and keep getting hit, live in a rough area and keep getting it broken into).

    http://www.fleetnews.co.uk/news/2013/2/12/court-rules-leaving-a-vehicle-in-a-hazardous-position-amounts-to-careless-driving/46180/

    elliott-20
    Member

    @sadexpunk

    A similar thing happened to me a few years ago.

    A kid went into the rear light of my car and looked pretty hurt. His dad came along a few moments later, stopped, muttered something and we both kinda looked at each other as what to do.

    As I went into get a pen an paper I kinda thought what’s the point, the kid was fine and so I said not to bother.

    For the sake of £45 for a replacement from ebay it really wasn’t worth getting insurance involved.

    Weigh up the situation. I may have been lucky with the cost of the replacement (and I’m not overly precious about cars) but sometimes it’s not worth the hassle.

    @OP on the other hand – Get on with it! 😆

    Premier Icon aracer
    Subscriber

    I had to pay for the repairs myself, the police weren’t interested, and the father basically said ‘tough sh1t’.

    ..and you didn’t try pursuing it legally?

    andyl
    Member

    re: kid on bike hitting car.

    How bad are the scratches and can you get a light cheap enough on ebay etc?

    What is the car and how old is it?

    I would probably go down the route of being sympathetic to their side and if the scratches were not too bad/car already scratched and it was cheap enough not bother and just fix it.

    Or get a quite from a scratch repair place and find a 2nd hand headlight and see how much it’s going to be. Then get a quote from an expensive place and say to the dad you would be happier with the cheaper option.

    But if the cost will be more than the excess it will be hard to justify them paying for it. But don’t be fooled into assuming that your daughters insurance won’t go up. It will, regardless of blame so I would want to factor it in to the remuneration.

    Regarding the legality make sure the car was parked legally and when you settle the financial aspects (or not if you don’t want to) you probably want to get a piece of paper signed absolving your daughter of any blame/saying they won’t sue her etc. There is a term for it but I’m not a laywer. Talking of which it might be worth asking one for advice, get your daughter to check her home insurance or car insurance for free legal cover.

    dazz
    Member

    any news yet?

    Superficial
    Member

    I sent her an ultimatum today, and gave her 7 days to reply before I go to bikeline / her insurer. I kinda realise this is just what I should have done from day 1 but never mind. Feels like progress, but just waiting to hear from her now.

    Premier Icon prettygreenparrot
    Subscriber

    I sent her an ultimatum today, and gave her 7 days to reply before I go to bikeline / her insurer

    That was what you could have done a while back. Today was your time to get lawyered-up and get them to write the letter.

    Moses
    Member

    Give her 168 hours and no more. She’s running rings round you, as things stand.

    Superficial
    Member

    Am I missing something? I don’t see what the rush is?

    I can make a claim on her insurance within three years of the accident, so a couple of weeks is neither here nor there. Obviously people on here want to read a happy ending to the story but she doesn’t ‘win’ from this unless I give up (which I won’t) or the three year clock expires (which is 2.9 years away).

    Premier Icon aracer
    Subscriber

    The issue is that it’s causing you a lot more hassle than it should and she thinks she’s winning.

    And she has time to come up with excuses, defences, accusations, false witnesses to support her. And the recollection of your witnesses becomes more vague, they become less supportive and interested in helping out.

    You were in a rush to ask for advice, the choice to ignore the consensus (much based on experience) is yours, good luck with the final outcome.

    JonR
    Member

    Well done for being so patient, it’s sad that your patience did not yield any results. There is some good advice on here even if the majority wont be happy until you’ve stormed round this woman’s house, shat on her doorstep, kicked her dog and called her cat a bastard.

    JonR – Member

    Well done for being so patient, it’s sad that your patience did not yield any results.

    +1 – nice to at least try to sort it amicably.

    The amicable bit was 3 weeks ago, since then the driver has apparently lied to and misled the OP, who seems to be issuing elastic deadlines. In 11+ years as a copper I’ve never known a case dragging on unnecessarily (eg not waiting for forensic evidence) to benefit, especially those involving witnesses who’s sense of duty has a short sell-by date.

    boblo
    Member

    Ah well gents, it’s his f up. Let him make it.

    Edric 64
    Member

    Basically OP you are being really nice about this and she is trying to **** you over,I assume you are not desperate for any money hence your laid back attitude .

    Jamie
    Member

    I can only assume the lady in question is a very sexy, and the OP is only being this reasonable to curry favour.

    It’s. The. Only. Explanation.

    Premier Icon dmorts
    Subscriber

    Ummmm curry flavour 🙂 The best super noodles

    oliverd1981
    Member

    I’d ask her for more money or threaten contacting her insurance company. Because being a blackmailer is still better than having to speak to an insurance company.

    Premier Icon piedi di formaggio
    Subscriber

    The week’s ultimatum is nearly up. She coughed up yet?

    Superficial
    Member

    UPDATE
    —————————————————————————————

    The week’s ultimatum is nearly up. She coughed up yet?

    Yep. She replied to my ultimatum with a counter offer of pretty much what I had in my head, and the money is now in my bank.

    The amount probably wasn’t quite as much as I might have received from her insurer, but overall it seems like a fair amount and I’m satisfied that I haven’t ripped anyone off / put money into the hands of lawyers / insurers / driven insurance premiums up etc. So basically I’m about as happy as I could be, really.

    What did I learn? I think the main point was that I was always in complete control (whether I realised it or not). My ‘ultimatum’ could have been made from the start and this may have been over a bit quicker, but I feel better for having at least given her a chance.

    So yeah, I’m happy. I’ve already bought a new helmet and I’ve got some money to spend on another bike. Thanks for all the advice and criticism!

    Premier Icon doug_basqueMTB.com
    Subscriber

    Happy ending. Good job for being the reasonable man in this unreasonable world. I’ve been following this with interest so glad to see you got a good result.

    sbob
    Member

    Great news.

    Jamie
    Member

    My ‘ultimatum’ could have been made from the start

    Surprising that no one advised you of this earlier. Ah well, good to hear it’s all resolved.

    neilnevill
    Member

    Good. you’ve got a pay out much quicker than you would through the courts or insurers.

    Premier Icon amplebrew
    Subscriber

    Great news that you got good offer from the driver and the cash in the bank; especially without all the extra hassle and wait of having to go through more official channels.

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