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Old 10-06-12, 08:56 PM   #1
todsky426
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Default Stupid incident!!!

Hi guys just looking for abit of advice really, Last saturday about 5pm my bike was parked in rochdale at a friends house in a cul de sac, there was a group of young lads hovering about so i moved my SV onto the pavement(so i could keep my eye on it), i left plenty of room for passers by to get past, had a good night etc all was fine, then drove the 20 miles home at about 8.30pm.

Now wednesday 4 days later my friend rang and said one of their neighbours(an 80 year old woman) had tryed to "squeeze" past, she has tripped over my bike? somehow, no injuries but she has broken her glasses and wants me to pay £100 for new lenses and whatever else is damaged.

I do feel sorry because its an 80 year old lady, but i have been threatened that if i dont pay they will go through my insurance, they have written down my reg. This annoyed me because i never said that i wouldnt pay. I was going to give her the money as a good will gesture, but my mate at work has advised me not to do that because thats the same as admitting liability and she could take further claim after i have payed her the money.

I know this is a very silly question but what would you guys do if it was you, can she claim off my insurance, can she contact the police and get me done? i've been told she would need photographic evidence?
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Old 10-06-12, 09:16 PM   #2
MisterTommyH
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Default Re: Stupid incident!!!

Not an insurance expert, but as your vehicle was stationary at the time I think they'd have a hard job convincing your insurance to pay out.

Are you convinced that there was sufficient room for a person to get past?
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Old 10-06-12, 09:18 PM   #3
ruddlad
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Default Re: Stupid incident!!!

Difficult one, but no vehicles should be on the pavement and they may have taken pictures to substantiate the claim. You can get a ticket for parking a car wheel half on the kerb although rarely given! I doubt very much she could claim on your insurance. Perhaps suggest a meeting to resolve it, and find out "what else is damaged". Possible it's a scam and trying it on. Usually an 80 year old falling breaks more than glasses, or if it's true be thankful that was all that was broken.
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Old 10-06-12, 09:24 PM   #4
todsky426
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Default Re: Stupid incident!!!

well my tank has a nice big scratch on the left side, it wasnt there before saturday, i did tell my friend to get his neighbour to e-mail the photo so i could identify my bike as a few bikers live on that street, but they replied "all we need is a reg number to go through your insurance" so they dont have photographic evidence, i did want to meet i would think pay £50 each, my fault for parking there and her fault for trying to squeeze past instead of walking round, but too many people have got involved now when it really isnt their place to say anything. It just makes me think seeing as most cars park with 2 wheels on the kerb would the same apply if she had walked into a car and fallen over.
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Old 10-06-12, 09:26 PM   #5
todsky426
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Default Re: Stupid incident!!!

well i'm quite a big lad and i could of walked past blind drunk staggering everywhere and not been anywhere near it
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Old 10-06-12, 09:27 PM   #6
Neeja
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Default Re: Stupid incident!!!

Were there any yellow lines present where you parked?

Parking on the pavement is not illegal anywhere outside of London unless the local council deems it to be so. A quick glance at Rochdale council's website in the parking section doesn't bring up anything stating that parking on pavements is illegal, so I'd say you're okay to park there.

If parking on the pavement is legal, and there were no yellow lines present, I'd say that the neighbour doesn't have a leg to stand on. I'd say that it would be very, very unlikely they'd be able to claim against your insurance at all to begin with, as the section they'd be claiming under is the liability for damage to a third party's property. Key word here is liability. In order for you to be liable:
1) There would have to be some form of duty of care involved
2) You must have breached this duty
3) Damages must result from this
4) The breach must be the proximate cause of any damages

I don't think it would be correct for them to say that you have a duty to ensure that an OAP who tries to squeeze past your bike (who clearly is aware that this is a tricky situation, by the fact that she had to squeeze past) should be able to do so freely. You parked the bike there 4 days previously, and conditions may have changed in that time (other cars in the area etc), so it would be unreasonable to state that you could anticipate any difficulties that she would encounter in passing the bike, unless you parked it at a stupid angle and took up the entire pavement.

Also, and a much more relevant point, she's an idiot who managed to fall over a large stationary object and now wants to blame someone else.

HTH.
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Old 10-06-12, 09:28 PM   #7
Spank86
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Default Re: Stupid incident!!!

Explain that you're very sorry that she seems to have injured herself whilst in the process of vandalising your vehicle and if she really wishes to claim you'd be happy to counter claim for the cost of repairing your vehicle.
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Old 10-06-12, 09:29 PM   #8
Neeja
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Default Re: Stupid incident!!!

Addendum, having seen the posts that went up while I was typing:

Take a picture of where the bike was on the kerb and the amount of space around it. Present this to them and ask how, exactly, it was your fault that she failed to use all of the space available. Keep this in case the insurers get involved, and pass the photo to them.
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Old 10-06-12, 09:33 PM   #9
Spank86
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Default Re: Stupid incident!!!

Question, what was the space around the bike, when I do roadworks guarding I only have to provide 1m of pavement space so if it was that you could argue that you weren't creating an obstruction at all.
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Old 10-06-12, 09:38 PM   #10
ruddlad
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Default Re: Stupid incident!!!

Totally agree about the cars, they are far worse than bikes, however parking is not permitted on pavements unless signs permit it. I have never seen a sign saying park on the pavement.
http://www.direct.gov.uk/en/TravelAn...aycode_parking
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