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

[Stingo]

Originally Posted by Stu

It's a traffic accident FFS.
If you've passed now & don't need him for anything just report it to either your insurance or Police (your choice) and name him as the Third Party that damaged your stuff while he was riding.
Good Luck

Yeah - I like that one...didn't think of looking at it that way....

O and BB - the court didn't pay me - the HP firm did - one day before I was going to post the letter/form to the court - so I never actually posted the letter - the threat worked., but you need to be prepared to carry it out!!

[mattSV]

Is it something you can claim from his third party liability insurance (i.e. seperate to his 'bike' insurance???

He was negligent (i.e. he did not check it was safe to move off), and as a direct result of his actions, you are now financially out of pocket.

Do not feel guilty about putting in a claim - 'business is business'

Even if he didn't have a penny to his name, you could claim from his insurance company. Insurance isn't just to cover you hitting other vehicles, it's any loss you cause someone through your use of the vehicle.

On the insurance front make a decision quickly. If you're going to make a claim then get on with it as they don't like claims coming in ages after then event. Looks suspicious?

Go and see him, put a claim in against his insurance if he doesn't do anything? Is it technically a bike insurance issue like an accident? Maybe?

Edit: Must read other posts first would have saved me repeating!

[Shellywoozle]

If I were yuo I would go to the place first thing before he goes out on his training and if he makes another excuse I would display your annoyance in front of his customers .... sure he wouldnt want that.

You have been patient with him, what have you got to loose?

Originally Posted by Banus

I understand how you feel - but its not as though this guys your neighbour and you have to live next door to him. Put it like this, if you had caused the damage and the boot was on the other foot YOU'D have been in court by now and it would have been sorted !

I have to agree with this point, I'm sure things would be very different if the boot was on the other foot. I can appreciate that it can be really difficult to deal with a situation like this tho...I guess you just have to be a bit hard-nosed and persist until you can resolve the issue...

Haven't read the whole thread, apologies.

My thoughts: Does his business not have insurance? Does his insurance not cover his helmets? Can he not simply claim on his insurance for this?

That's the route I'd be going for, and once his insurance has approved the payout, I'd go to the shop, buy the exact same lid as the one that he damaged, then provide him with an invoice for the amount, discount or not.

Thanks for all your comments. I think I'll draft a letter this week and send it registered post, so I know he has received it.

In it I'll outline the facts (as I saw them), dates I have spoken to him, reasons he gave for the delay, question why he can't claim on his insurance, then issue an ultimatum when I intend to start proceedings within the small claims court.

i'll see how far that gets me!

Thanks for all your help.

billy

I have every sympathy with you mate but playing devils advocate I think you've got a job on your hands trying to prove blame. If you knew the instructor was about to ride off then you must have known your lid was on the deck and you could have warned the him. He could have decked the bike and been injured. He might then have a claim against you.

When I was training we were told explicitly NOT to leave lids on the floor near the front wheel because they could easily be run over. Lesson learned I'm afraid.

Equally though the instructor should have checked before riding off but presumably the crash bars obscured the view.

As for a road traffic accident? Not sure you'll get any mileage but I'm no expert.

Originally Posted by stuartyboy

As for a road traffic accident? Not sure you'll get any mileage but I'm no expert.

I'd say that depends on where the Instructor was when moving the bike.

If he was parked in his drive, about to move the bike into the garage, then it's private property. If he was on the road and moving the bike, then it's a different story.