Helmet Broken - But I Didn't Do It...

Hiya, Just wanted to sound a few people out on my problem, and I'd really appreciate some advice - apologies if this is a bit wordy, just want to get the facts down...so I'll start from the beginning...

Prior to my CBT & DAS I bought a nice new Shoei Xr1000 which cost me £216 quid. I did my CBT using a helmet from the training school, and I asked if I should / could use mine and the instructor (who will remain nameless for now) said go ahead - at least you know its clean etc..

So I turned up for the first day of the DAS with the Shoei - everything went great - about 5 hours of riding, improving really well. We got back to base, and I put the helmet on the floor, just to the left of the front wheel (incidentally, I got bo**ocked by the instructor for earlier putting it on the seat - he said best put it on the floor, so it won't fall off - sound advice).

My girlfriend arrived to pick me up, and I was chatting to him as he was putting the bikes away. He got on the bike, kicked up the side stand, started it up and was still chatting away to me, occasionally looking in my direction (I was to the left / rear of him). He pulled away, and next think I hear "crrruuunch" as the bashplate and rear wheel go over the helmet...oh s*it!!!

He gets of the bike, picks it up and says "oh sorry mate, but I cant afford to replace it" - I just said "tell you what, we'll talk about this tomorrow, I've gotta go" - as I wasn't in the best of moods. The helmet was pretty badly scratched, visor too - and I certainly wouldn't have used it again.

Anyway, to cut a long story short, I ignored it for the rest of the week as all I wanted to do was pass my test, which, thankfully I did. He said that he would sort one out for me from the same place I bought it from (he buys load of kit form there, and said he would get a good price). He has leant me his Caberg so that I could ride the SV, which I picked up on the day I passed, and all has been ok...apart from this was 5 weeks ago, and I have been ringing him every few days to find out when Im gonna get a new helmet. Each time he gives me a date when he will get to the shop and sort it out, and I ring him again at the agreed time and its always another excuse. I've been really calm, always asking him how the business is going, if he had a good holiday etc etc, but its excuse after excuse, i.e. "I havent been able to get down there", or today "I woke up with a cricked neck, so I cant train, or ride"

As you can probably appreciate, Im getting a bit peed off now - I think I have given him plently of time to get it sorted, and I also feel a little bad, as he is a really nice bloke, and a really good instuctor. However, I feel that I am down over 200 quid for something that isnt my fault.

My question is...at what point to I cut my losses, and what other things do you think I can do to sort this out?

I'll be checking my household insurance later to see if im covered, and I might do it that way. Just a shame cos I like to give people the benefit of the doubt, but I also dont want to be taken for a mug.

Thanks,

Billy

Best thing to do it go down there and confront him then face to face tell him you will be down the same time next week and expect a replacement helmet. People dont fob you off as easy when you are face to face with them

I'd be giving him a definite date by which you either get the lid replaced, or start proceedings through the small claims court.

i'd tell him he owe's you another and that your really pi$$ed with him.

Originally Posted by WRCSixtyThree

I'd be giving him a definite date by which you either get the lid replaced, or start proceedings through the small claims court.

i'm tempted by it, and have given it sone thought, but am concerned it might get into a bit of a slanging match - i.e. I could use my gf as a witness, but he might say other people were there and I dropped it or something (which there weren't, and I didn't!)

Then I might be lumbered with 50 quid costs...

I think you are right about the ultimatum tho - thats why I was gonna look at the household insurance, let him know that he needs to sort it by a certain date, or I'll give my insurers his details to chase the claim..

Thanks for the reply tho

Originally Posted by kwak zzr

i'd tell him he owe's you another and that your really pi$$ed with him.

Yeah, think I might have to start putting more pressure on. just taken to softly softly approach, but its got me nowhere up to now.

Originally Posted by mototech

Best thing to do it go down there and confront him then face to face tell him you will be down the same time next week and expect a replacement helmet. People dont fob you off as easy when you are face to face with them

Yeah, only problem is its difficult to track him down - hes out training all day, and not back at the premises at the same time each day...might have to get a disguise and stake him out!

[Stingo]

Jeez fella - that's a tough one. Is the guy a mate of yours? What I mean is...is he part of your social circle and day to day association if you see what I mean?

If he's not, maybe you will be able to 'disconnect' yourself from him and write a letter explaining how you feel and don't wish to stir up any bad feelings etc etc...but say that the helmet was an expensive purchase for you and that he has offered to replace it (in some form?). Putting things in writing lets him know that he needs to start taking things more seriously and maybe it'll gee him up. Document everything, diary, notepad whatever so that you have a list of when you contacted him.

After the 'friendly' bit you have to get tough. He is running a business. It is possible that his insurance may cover you and/or your stuff (someone will be along in a minute to confirm or deny that)...you will need to send him a letter stating what your intentions are if he does not make good the damage..i.e. replace the helmet, presumably like for like. Your intentions should be something like 'in the hands of my solicitor' or 'small claims court' or 'I'll just shut up and buy a new helmet'. (Edit - you may need to check his small print - is everything of yours on his premises at your own risk? Again, that could be null & void as he himself did it...allegedly!)

You need to look at stark reality - the facts.

Was it your kit?
Was it avoidable?
Did he do it?
Has he said he'll sort it out?


This is all an opinion and is based on something along the lines of what I might do myself in a similar situation. Your best bet is to contact Ed. His avatar is Ed the talking horse...you can't miss it!

Oh and Good luck. Don't let people take you for a ride/walk all over you/drive over your helmet (ouch!! )

Originally Posted by Stingo

Jeez fella - that's a tough one. Is the guy a mate of yours? What I mean is...is he part of your social circle and day to day association if you see what I mean?

If he's not, maybe you will be able to 'disconnect' yourself from him and write a letter explaining how you feel and don't wish to stir up any bad feelings etc etc...but say that the helmet was an expensive purchase for you and that he has offered to replace it (in some form?). Putting things in writing lets him know that he needs to start taking things more seriously and maybe it'll gee him up. Document everything, diary, notepad whatever so that you have a list of when you contacted him.

After the 'friendly' bit you have to get tough. He is running a business. It is possible that his insurance may cover you and/or your stuff (someone will be along in a minute to confirm or deny that)...you will need to send him a letter stating what your intentions are if he does not make good the damage..i.e. replace the helmet, presumably like for like. Your intentions should be something like 'in the hands of my solicitor' or 'small claims court' or 'I'll just shut up and buy a new helmet'. (Edit - you may need to check his small print - is everything of yours on his premises at your own risk? Again, that could be null & void as he himself did it...allegedly!)

You need to look at stark reality - the facts.

Was it your kit?
Was it avoidable?
Did he do it?
Has he said he'll sort it out?


This is all an opinion and is based on something along the lines of what I might do myself in a similar situation. Your best bet is to contact Ed. His avatar is Ed the talking horse...you can't miss it!

Oh and Good luck. Don't let people take you for a ride/walk all over you/drive over your helmet (ouch!! )

Thanks Stingo.

No hes not a mate or someone I know socially - but I cant make up my mind if hes a decent bloke who has got a lot on his plate, or just fobbing me off...
He also spotted my SV for sale and told me about it - hence why I feel a little guilty!
It was my kit, I think it was avoidable if he was looking where he was going, he definately did it, and he said he would sort "something" out - to which I replied, its only 5 days old, and I will expect a like for like replacement, i.e. same model, colour, size and a new one...

With respect to the small claims court - is it really worth it for 200 or so quid, especially as its really my word against his?

Ta Stingo, and I'll try Ed for some help.

Edit - just something I also want to make clear - I havent named him or his company as I honestly think from a training perspective, I would recommend him to anyone, even now - the training was 1st class, and he is a really good instructor. I don't want this issue to be confused with his abilities as an instructor, hence not naming him...

too late now, but i would have said he could not charge you for the leesons to the cost of the helmet

but now i would insist he replaces the lid