Seriously???

Discussion in 'Ducati General Discussion' started by yev, Oct 1, 2015.

  1. push bike crashed in to me at speed today , i nearly come off my Pani.
    scratched side fairing and mirror
    everything else fine.
    he told me he didnt see me.
    how the fuck can you not see and hear panigale???

    now i have to pay for replacement
     
  2. he can claim it of his house insurance. maybe?
     
  3. That is a shiter.
     
  4. I had one run into the side of my van at speed after they failed to stop luckily for me that twat hit the front wheel and did some window licking on the driver door glass, sadly for them the bike was fooked with bent forks and a square wheel.
     
  5. As Finm says, push bikes are covered 3rd party under home insurance (if they have it).

    It's worth a shot
     
    • Agree Agree x 1
  6. Why not just make a claim against him whether he has insurance or not.

    Small claims should do it. If he fails to turn up he loses.

    How vindictive d'ya feel ?
     
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    • Agree Agree x 2
  7. i am so pissed off!

    especially as he pointed to the lower l/h side fairing ( with chunk of paint missing from impact) and told me: thats not where i hit you!
     
  8. Mate, it really pisses me off how we have zero rights against fuckwit pedestrians and cyclists.

    Someone else's fault you fall off damage your bike and perhaps yourself, perhaps seriously, they just walk off.

    Sorry mate didn't see ya.

    Not good enough.
     
    • Agree Agree x 2
  9. I don't accept this as fact.

    We do have rights, which we need to assert.
     
    • Agree Agree x 2
  10. I believe you can take cyclists to court for damages....

    They should have some form of liability insurance IMO.
     
  11. ok, just texted him link to replacement lower fairing @ £160 . i will live with everything else but want that fairing replaced as it is obviously damaged. see what fucker will say
     
    • Like Like x 1
  12. How do you stop them just walking off?
     
  13. Yeah I agree, pedestrians too. Should be a legal requirement for all 'road users'.
     
  14. Years ago I was stuck behind a pellet cyclist on a country road who was literally all over the road, I was behind him for around 2 miles keeping my distance and couldn't get passed. There was enormous amounts of traffic building up behind him at rush hour as you can imagine, when I eventually managed to pass him.. a mile further or so down the road at the traffic lights the little snotter filtered back past all the cars that he had held up for miles again and yet again held everyone up, but whilst doing so got a right wobble on and damaged my door mirror.

    He then proceeded to give me a load of mouth, for absolutely no reason at all.

    The story ends with me getting out of the car and chasing him down the road, he dropped his bike, and I threw it over a fence.

    Still makes me feel all happy inside.
     
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    • Funny Funny x 3
  15. Good question.

    Feign injury and call the police ?

    Maybe @Pete1950 could offer an opinion ?
     
    • Funny Funny x 1
  16. Story from a few years ago:
    Mrs C driving along minding her own business down an A road approaching two MAMIL's. They suddenly decide to ride 2 a breast as she is upon them. Instant reaction is she swerves to avoid but hits one of those little pedestrian island thingies, you know they usually have high curbs and a bollard or 2. Luckily there was no one stood on it, the car did not fair well at all. The drivers front wheel and tyre f**ked, control arms bent, dislodged the front bumper where is meets the wing. MAMILs didn't even stop.

    The car was never the same
     
  17. I agree with this. Although consider the following.

    1. If you don't know his address, you can't serve the claim form unless you get permission from the court to serve it some other way. No valid service of claim form = no way to commence proceedings.

    2. Small claims are supposed to be quick, cheap and simple but litigants in person (people representing themselves) often deliberately or unintentionally find a myriad different ways to put a spoke in the wheels of justice and the whole thing turns into a monumental pain in the arse. Contrary to popular belief, having lawyers on both sides who know the law, the rules of evidence and procedure and generally don't want to upset the judges or staff at their local court, usually makes things run a lot more smoothly. However, as it will be a small claim, neither of you would be able to recover any legal costs so most likely you'll both be on your own. One of my friends is currently suing someone who knocked her for £1,500 web design fees and they're now on their 5th hearing and the whole thing has taken on a life of its own with a plot which has more twists and turns than Pirates of the Caribean: Journey to the World's End.

    3. From my 7 years experience as a practising barrister who does some road traffic/PI work at all levels from stuff like this up to very complicated cases involving "crash for cash" allegations of staged accident, decoy vehicles, inconsistency of damage/forensic engineering evidence and phantom passenger claims, I can tell you that RTA small claims cases are often the hardest fought by the parties involved. This seems to be because people involved in accidents tend to engage in post facto reconstruction and justification rather than honest and accurate recollection. Also, to be completely frank, cyclists and motorcyclists (I speak as one myself) are amongst the most self-righteous of road users and are both highly critical of other drivers and very defensive when it comes to any suggestion they were at fault, and so they don't tend to give an inch and will fight to the death over the smallest of sums. For example, I was once paid £1,350 to defend a claim for £175 damage to a car door, purely because the defendant wouldn't admit fault, seemingly as a matter of principle.

    4. Even if you win, can you enforce the judgment? Does the guy have any money? Does he own a house? Can you find him? Does he seem like the sort of person for whom an unpaid CCJ wouldn't be a massive inconvenience?

    All things to ponder over before you go to law......
     
    #17 Zhed46, Oct 1, 2015
    Last edited: Oct 1, 2015
    • Thanks Thanks x 1
  18. ok. he just come over , inspected damage . he told me that he will order me replacement lower fairing.
    nice guy.

    let you know if i ever receive it!
     
    • Like Like x 11
  19. As a cyclist myself (who hasn't caused damage and is covered for 3rd party if I do) I find it embarrassing when they cause damage, blame the other person then spend weeks ranting about car that knocked them off.
    He is liable for damages and as said either house insurance or small claims if he doesn't cough up like a decent chap.
    As for stopping them walking off I'm pretty sure citizens arrest would apply as the crime of criminal damage has occurred.
     
  20. Did you shout "I'm Ronnie Pickering!" in response?
     
    #20 Zhed46, Oct 1, 2015
    Last edited: Oct 1, 2015
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