View Full Version : Bike knocked over by wind - insurance cover?
DanAbnormal
19-11-09, 11:45 AM
I parked my bike in the underground car park today as I knew it was windy. I got told to move it to outside the front of the office. I explained it was windy hence I want to protect the bike from being knocked over by wind and I don't want to a) damage my bike, b) damage the office property or cars next to my bike.
What happens, at 10am I get an email:
"Your bike has been blown over into my car. Please give me your insurance details so I can claim off you"
It just so happened to have knocked into the car that belongs to the same woman who told me I am not allowed to park in a parking bay!!
We are on private property so should I tell her to talk a long walk off a short cliff?
I checked rules and regs and there is no rule against me parking my bike in a bay, and in fact this woman has no authority to tell me to park anywhere.
:mad:
EDIT: To make it clearer I had moved my bike to outside the office once I was told (incorrectly) that I could not park in a bay underground.
the_lone_wolf
19-11-09, 11:56 AM
Not 100% sure but I'd say she claims off you, you claim off the company public liability insurance for both the damage to the car and to your bike as you were instructed to move it
Can't see you having legal reason to not provide details and not doing so may get you bother
Make sure you get her admission that she instructed you to leave the bike outside and you did so under protest in writing or you'll likely get shafted by the company bean counters
philbut
19-11-09, 12:00 PM
Ah mate that is really rubbish. I can't be of help but hopefully you had some sort of witness to you telling her that the bike would blow over in the wind. stupid cow, grrrrr.
thedonal
19-11-09, 12:14 PM
That sucks. Yeah- I'd take that up with your company first, definately.
If its a private car park, the police won't be interested. Is there any CCTV monitoring? cos if there aint, and no witnesses, i'd be tempted to tell her where to post her claim.
SUPERSTARDJ01
19-11-09, 12:29 PM
Same as, tell her to shuve it yp her ar*e, she might off pushed it over, you never know?
vardypeeps
19-11-09, 12:42 PM
That's a very fair point. She could have done it!
Dave20046
19-11-09, 12:49 PM
Definitely dispute! If there's no cctv point blank refuse, get her to admit she told you to move it there and then battle it. Simply she could have set you up or alternatively it wasn't parked there out of your choice it was her/the companies choice if anything you should be claiming of her/them.
AndyBrad
19-11-09, 12:59 PM
small claims im guessing,
having had a car damaged in a private car park you dont have a leg to stand on basically. :(
timwilky
19-11-09, 02:05 PM
small claims im guessing,
having had a car damaged in a private car park you dont have a leg to stand on basically. :(
Eh. Why not. I came out of work to find a car embedded into the side of my personal car on the management car park. A quick check with security confirmed the offending vehicle to be a company vehicle and the keeper. A check then with admin confirmed a secretary had borrowed it and when questioned said she heard a noise as she parked up.
Insurance paid out for new rear 1/4, 2 door skins, front wing plus labour. Not bad for heard a noise
Warthog
19-11-09, 02:48 PM
Aw thats bad luck Dan :(. I have no idea what to do sadly.
sunshine
19-11-09, 03:03 PM
phone your insurance and ask the question does your insurance cover you on a CAR park, bike parks your covered, car parks most insurances dont cover you, if your not covered you still have the legal requirement to ride and they cant claim off your insurance:cool:
otherwise sue the person that asked you to move it, its illegal not to provide equal parking to that of cars otherwise each bike can use its own car parking bay. Discrimination is illegal last time i checked. So they MUST provide parking for you underground parking which is equal to that of where the cars park.
Nobbylad
19-11-09, 03:08 PM
Is she fit?
phone your insurance and ask the question does your insurance cover you on a CAR park, bike parks your covered, car parks most insurances dont cover you, if your not covered you still have the legal requirement to ride and they cant claim off your insurance:cool:
otherwise sue the person that asked you to move it, its illegal not to provide equal parking to that of cars otherwise each bike can use its own car parking bay. Discrimination is illegal last time i checked. So they MUST provide parking for you underground parking which is equal to that of where the cars park.
I've not heard anything like this before. So let me know the outcome as it could prove useful.
sunshine
19-11-09, 03:17 PM
i had it before on a public car park they waited for me, they was bigger than me and so i gave them my insuarance details and Carole nash said, oh we are sorry his insuance doesnt cover CAR parks as asda failed to put in designated motorcycle park bays you can try to claim off them, they then called me and asked about my damages, i said exhaust they called the asda store up and claimed off them and the Suzuki VL125 i had at the time got a shiney new exhaust after the 2 scratches was all that you could see on it :)
hth:D
philbut
19-11-09, 03:22 PM
i had it before on a public car park they waited for me, they was bigger than me and so i gave them my insuarance details and Carole nash said, oh we are sorry his insuance doesnt cover CAR parks as asda failed to put in designated motorcycle park bays you can try to claim off them, they then called me and asked about my damages, i said exhaust they called the asda store up and claimed off them and the Suzuki VL125 i had at the time got a shiney new exhaust after the 2 scratches was all that you could see on it :)
hth:D
That is bloody handy to know. I hope this is the case here too! Good luck Dan.
That is bloody handy to know. I hope this is the case here too! Good luck Dan.
not quite that simple - just because your insurance doesn't cover car parks, does not mean you're not still personally liable. If the other party has legal cover, you could find yourself in hot water.
sunshine
19-11-09, 03:44 PM
otherwise sue the person that asked you to move it, its illegal not to provide equal parking to that of cars otherwise each bike can use its own car parking bay. Discrimination is illegal last time i checked. So they MUST provide parking for you underground parking which is equal to that of where the cars park.
this part is useful to know as well, they use legal you sue the company for not have equal parking for motorcycling or the person who told you to move it.
BanditPat
19-11-09, 03:44 PM
tell her to take a running jump
DanAbnormal
19-11-09, 04:47 PM
Right. Told her to get stuffed as she caused the problem in the 1st place.
Furthermore, upon very close inspection, my bike has no damage other than a scraped bar end and slightly scuffed rear panel (which was already scuffed from my friend reversing into me a while ago). :rolleyes:
She has taken my reg etc and threatened with police, saying it was a hit and run. Lol!! Funny how a bike can all of a sudden ride itself. She really is a prize plonker.
Have requested CCTV from security to see if there is any proof of my bike falling over onto her car. When I went outside to pick it up it was just on the floor.
Thank god for R&G's!
EDIT: I forgot to mention that she wants £300 for damage to her vehicle if I don't want to go down the insurance route. Apparently she phoned a gargage, explained the damage and they told her over the phone. I asked for the garages number but funny that she couldn't remember even the name of the garage.
The smell of BS is choking me.
Dave20046
19-11-09, 05:56 PM
Right. Told her to get stuffed as she caused the problem in the 1st place.
Furthermore, upon very close inspection, my bike has no damage other than a scraped bar end and slightly scuffed rear panel (which was already scuffed from my friend reversing into me a while ago). :rolleyes:
She has taken my reg etc and threatened with police, saying it was a hit and run. Lol!! Funny how a bike can all of a sudden ride itself. She really is a prize plonker.
Have requested CCTV from security to see if there is any proof of my bike falling over onto her car. When I went outside to pick it up it was just on the floor.
Thank god for R&G's!
EDIT: I forgot to mention that she wants £300 for damage to her vehicle if I don't want to go down the insurance route. Apparently she phoned a gargage, explained the damage and they told her over the phone. I asked for the garages number but funny that she couldn't remember even the name of the garage.
The smell of BS is choking me.
slap her around a bit.
She's trying to take you for a ride, no garage gives an estimates over the phone especially not imaginary ones. She probably pushed ya bike over by the sounds of it. I'd wait see what security say if there's no cctv coverage then I'd complain to the company and perhaps the police, say she's been harassing you likely trying to con you. then kick her car in :mrgreen:
speedplay
19-11-09, 05:58 PM
Kick her in the c***.
Job done.
sunshine
19-11-09, 07:24 PM
Kick her in the c***.
Job done.
:winner:
Sounds like you are good friends with all your co-workers btw ;)
thedonal
19-11-09, 07:48 PM
Jeez- who IS this person?
Where the hell do you work?!!
Nobbylad
19-11-09, 08:47 PM
Actually, I bet she isn't fit.
rockster
19-11-09, 09:24 PM
I'm not sure insurance would class this as your fault anyway - assuming you parked normally then isn't this the wind's fault and anyone who suffers damage needs to claim off their own insurance? I'm sure I heard something similar when someone's car door was blown into another car by a gust of wind - the third party had to claim on their own insurance as the person in the first car hadn't been 'negligent' in the way they opened their door. Could be wrong though.
Icanopit
19-11-09, 09:37 PM
Use the insurance terminology, BECAUSE IT WAS THE WEATHER CONDITIONS IT WAS AN ACT OF GOD, i'm sure thats what they say when they absolve themselve's of laibility.
thefallenangel
19-11-09, 09:40 PM
Use the insurance terminology, BECAUSE IT WAS THE WEATHER CONDITIONS IT WAS AN ACT OF GOD, i'm sure thats what they say when they absolve themselve's of laibility.
+1,
I'm sure I heard something similar when someone's car door was blown into another car by a gust of wind - the third party had to claim on their own insurance as the person in the first car hadn't been 'negligent' in the way they opened their door. Could be wrong though.
See i'd say they were negligent by definition. If you open your car door and the wind catches it and it hits someone else's vehicle, you weren't being careful enough. Hence negligent. Still I seem to have a old school understanding of the english language :confused:
rockster
19-11-09, 10:38 PM
See i'd say they were negligent by definition. If you open your car door and the wind catches it and it hits someone else's vehicle, you weren't being careful enough. Hence negligent. Still I seem to have a old school understanding of the english language :confused:
I tend to agree with your point - I get properly narked at the way some people throw their doors open without thought for the cars round about them (hence why I'm always the one parked furthest away from the supermarket in splendid isolation). This is why I'm always really careful opening my car door (holding on with both hands when it's windy!) but even still it happened to me once. Fortunately the bloke whose car I hit was fine about it (he said it was just another dent to add to his collection) but then someone told me this story which suggests it wouldn't have been classed as my fault anyway because I wasn't 'negligent'. Can't remember if it was a reliable source though.
DanAbnormal
20-11-09, 09:29 AM
No CCTV footage available as the area is just out of shot. Also she had moved her car from anywhere near my bike. My bike was on the floor and I fail to see how it even hit her car as it fell away from whatever car was parked near it, not towards it. I have told her to provide proof that my bike damaged her car and until she can do this I will not even entertain the idea.
She is fit. Very, very fit unfortunately.
I would, even after this*. ;)
*Then tell her she was ****.
Nobbylad
20-11-09, 09:51 AM
I think you should, as a gesture of goodwill, offer to take her out for a meal and a few drinks.
You can always leave a few quid on the pillow the next morning (in shrapnel obviously).
the_lone_wolf
20-11-09, 09:52 AM
I think you should, as a gesture of goodwill, offer to take her roughly in the staff toilets...
EFA...
DanAbnormal
20-11-09, 11:05 AM
I would, only I think my wife would get upset.
Besides, she is not as hot as my wife. If you're going to fool around at least do it with someone hotter than your current gf or wife.
Me, shallow? :D
Me, shallow? :D
Feet firmly planted on the ground there imho ;)
sunshine
20-11-09, 06:09 PM
ok get a 360 view of her car before "your bike hit it" if you can get a copy of the footage post it here so i can run it through a shadow and image checker if theres even the slightlist dent pre-accident if there is i recommend sueing her for damages to your bike!
if you can prove that the wind speed isnt enough to knock an sv off the stand, it implies she took it off the stand.
Dave20046
21-11-09, 10:49 AM
it'd be hard to do but I would check for signs of it being an old accident on her car - get her done for fraud
the_lone_wolf
21-11-09, 11:06 AM
ok get a 360 view of her car before "your bike hit it" if you can get a copy of the footage post it here so i can run it through a shadow and image checker if theres even the slightlist dent pre-accident if there is i recommend sueing her for damages to your bike!
Sounds like someone's been watching a bit too much CSI Miami
:smt043
sv650nutter149
21-11-09, 04:28 PM
btw dan arnt these forums public?? lol becarefull can see a slap approaching lol
sunshine
21-11-09, 04:41 PM
looking at shadows is easy you need to be able to zoom at look pixels not the picture, good editing software is all you need, how they do it on CSI is beyond currently technology :P
thefallenangel
22-11-09, 10:35 PM
Tell her to get lost, no witness, no CCTV, anything could of happened. Jesus could of pushed it for all we know.
I do actually work in insurance, and on a brief assessment of the facts, there doesn't appear to be anything giving rise to a cause of action against you for which you require the indemnity of your insurers.
Basically, I am at a loss to see how she can claim against you, as you do not appear to have breeched your duty of care to her, and therefore have not failed in the basic tort of negligence.
You parked your bike, as safely as possible for the condtitions, where you were directed to do so. You expressed reservations, but were over ridden by the complainant.
There might be a quesiton that knowing the bike was at risk, that it should have been parked far enough away hat were it to fall over it wouldnt cause harm, but I feel the chain of causation is sufficiently remote that you would be unlucky for a judge to find against you.
By the way, anywhere which the public have access to, is a road for the purposes of the road traffic act, and therefore claim arising for negligence under the road traffic act. So a car park, even a private one, if it allows the public access to, ie entrance and exir, is so, as per Kato Vs Cutter & Eagle Star Insurance co.
Indeed, a more likely outcome is you have a counter claim for not being allowed to park where it was safe, given the conditions, and that the action of not allowing you, has caused you loss, and the complainant has therefore failed, given your clear experssion of concern, in their duty of care to you to allow you to park safely given the conditions.
Warthog
23-11-09, 02:44 PM
Indeed, a more likely outcome is you have a counter claim for not being allowed to park where it was safe, given the conditions, and that the action of not allowing you, has caused you loss, and the complainant has therefore failed, given your clear experssion of concern, in their duty of care to you to allow you to park safely given the conditions.
POW, get her Dan! :D
Icanopit
23-11-09, 03:12 PM
IS there not also a case against her for mis-use of company time and facilities, bullying in the workplace and haressment ??? someone is definately onto a looser.
JOHN
This just gets better and better. More exciting than Corrie I tell you...(I don't get out much - bless).:D;)
Whilst appreciating that each case varies from the next, I think the info herein this thread is certainly yet another little thing to bear in mind....
sunshine
23-11-09, 05:01 PM
By the way, anywhere which the public have access to, is a road for the purposes of the road traffic act, and therefore claim arising for negligence under the road traffic act. So a car park, even a private one, if it allows the public access to, ie entrance and exir, is so, as per Kato Vs Cutter & Eagle Star Insurance co.
So a private car park is a public one? what if theres a gate so no one but the workforce can get in is that still consider a public road?
Kalessin
23-11-09, 11:39 PM
... its illegal not to provide equal parking to that of cars otherwise each bike can use its own car parking bay.
I would love this to be true... is there documentation available online?
the_lone_wolf
24-11-09, 07:10 AM
I would love this to be true... is there documentation available online?
It's not
The amount of parking for developments will be guided by your local government's Unitary Development Plan, along with Manual For Streets, which recently superceded Design Bulletin 32 as the primary Government guidance on highways considerations for developments
MfS offers rough guidance but makes few hard and fast rules for parking, instead allowing planning officers to make decisions on what is suitable in a particular local situation. Your local UDP may make note of motorcycle parking but again it's just guidance on what is acceptable for planning applications, not anything written in law
Additionally, for the purposes of the RTA a private car park is a road, even if it's gated
sunshine
24-11-09, 01:35 PM
I would love this to be true... is there documentation available online?
I believe that all groups of people have to be treated equally meaning the few people that ride bikes fall into a different group to those who don't so the parking must be equal to that of a car for a bike.
It all about how you interprete the law, just dont ask which law it is.
I believe that all groups of people have to be treated equally meaning the few people that ride bikes fall into a different group to those who don't so the parking must be equal to that of a car for a bike.
It all about how you interprete the law, just dont ask which law it is.
More accurately its about which laws the planners can get away with ignoring. So I wouldn't expect a load of bike parking spaces to crop up anytime soon.
sunshine
24-11-09, 04:58 PM
oh i dont know if there is law about putting bike parking spaces in, but in this case if you was allowed to park a car in the underground car park, you must then be alllowed to park your bike in the same underground parking.
Although really planners should make sure there are some form of bike parking allowance, otherwise its one bike per car bay!
Where i work atm they banned us from using the push bike parking area so we parked on bike per bay. But we didnt just pull into the centre of the bay i asked everyone to park there bikes like mine, with a wheel up as close to the drivers door in the spot next to them without going over the lines, but make sure the bays are in view of the cctv cameras so if the bike is moved we know who moved them, and any damage can then be blamed on whoever moved it.
Just within the law there, oddly enough 3 days of it and they let us use the push bike parking area again. so be a b****** and you get what you want from the boss.
Just within the law there, oddly enough 3 days of it and they let us use the push bike parking area again. so be a b****** and you get what you want from the boss.
Been promoted lately? :p
sunshine
24-11-09, 06:35 PM
no but i did get a pay rise because i was cheeky enough to ask:p:p:p
Right. Told her to get stuffed as she caused the problem in the 1st place.
If a person with a valid reason requests your insurance details it is an offence not to supply them. Its on pepipoo somewhere where someone got dragged into court over this. I'll see if I can dig the link out.
Car parks are generally considered public property/a road (laws get complex what is and isn't), so if insurers say you aren't covered on one, then you can't legally ride your bike on it. Have to get a solictor or someone to comment on it. (try poking Red Herring)
vBulletin® , Copyright ©2000-2025, Jelsoft Enterprises Ltd.