Tipped over someone's GSXR-1000, need advice
- Thread starter vibiker
- Start date
What assurances does the OP have that the contract would be legally enforceable in court? I'm not an expert and don't know the answer but I doubt it would be. For one, you can't enter a contract on behalf of your insurance company without their knowledge and consent. Additionally, is a contract valid if it conflicts with another contract? I'm guessing one voids the other. Your insurance policy is already a contract and statutory conditions under the Insurance Act states that you must report any accident involving losses to persons or property. I don't think this comes down to anything more than a gentlemen's agreement and a secret handshake.
roadtoruin
Well-known member
I don't agree. It really doesn't take long for exposed metal, especially when its all roughed up from being scratched, to start rusting. Unless you can prove otherwise, I don't find it all that suspicious.
As for him calling insurance after you paying him, i'd say its fairly unlikely. Have him sign a contract saying you are no longer liable beyond this payment, etc, etc. You hit him, he didn't go looking for this trouble, I'm sure he doesn't want to deal with more of it by trying to scam you like that.
Note on the insurance. At the CRC, you have the option not to notify the insurers when you report a collision. I was in a situation where the lady begged me and offered to pay for the damage, got sticker shock at the $930ish price tag (LMAO) and started weaseling "Do I really have to pay the full amount? I signaled" [sideswiped me merging into my lane]. I just called the collision reporting center, told them that they can release the info to the insurers, called my insurance company, hounded the adjuster and the lady is STILL paying increased premiums (happened 4.5 years ago, got another 1.5 to go)
roadtoruin
Well-known member
Reporting and actually filing a claim are two different things. I'm no lawyer but a contract is a contract is a contract. Two parties coming to an agreement.
Sure and even if the guy just reports it without claiming, the OP's insurance company can still rate him for it. $ value of claim does not always matter. An at-fault accident is an at-fault.
Exactly, none of us are lawyers. So, question still stands. What assurance does the OP have that the contract would hold up? If it does hold up, it conflicts with your insurance contract. If they find out, potential insurance cancellation or non-renewal.
I agree with you 100 percent.
I think having him sign a made up contract would be nothing more than a psychological deterrent. Certainly would not be enforceable.
I think having him sign a made up contract would be nothing more than a psychological deterrent. Certainly would not be enforceable.
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As I mentioned earlier, the CRC told me they do not report collisions to the insurers.
1. $2000 is completely reasonable for the damage shown in the photos. Whether it all happened due to the tip over is somewhat debatable, but you would need to somehow prove otherwise if you don't want to pay for some parts. It's unlikely that you'll be able to do that.
2. You have no assurance that he won't make an insurance claim anyway.
My suggestion: just let insurance take care of it and you can forget about it. No risk of follow-up B.S. or arguing about validity of damaged parts.
And ... how the hell could you not see a motorcycle parked behind you!!! Get off the phone (presumptuous, I know) and pay attention to what you're doing. Count your lucky stars that it wasn't a pedestrian standing behind your car, or the situation could have been far worse.
2. You have no assurance that he won't make an insurance claim anyway.
My suggestion: just let insurance take care of it and you can forget about it. No risk of follow-up B.S. or arguing about validity of damaged parts.
And ... how the hell could you not see a motorcycle parked behind you!!! Get off the phone (presumptuous, I know) and pay attention to what you're doing. Count your lucky stars that it wasn't a pedestrian standing behind your car, or the situation could have been far worse.
Thanks for the advice.
I'm starting to think to go through insurance as well though I'm sure I wont forget about it for a long time.
My premiums are already at $3400.
Yes, very presumptuous; I was not on my phone (though I have every right to be on it as I approach my vehicle).
I'll spare you the diagrams, but he parked his bike in such a way that it was not visible when I was approaching my car from the front.
Also, a tilted sports bike sits low enough that it was not visible in my rear view mirror. My side mirrors showed absolutely no obstacles.
In addition, it was raining and dark.
Spare me the pedestrian talk. I didn't even have foot on the gas. My brake wasn't even fully released.
I'm sure you don't check to see if there's a little kid lying behind your car when you approach it from the front. There is an onus on a bike owner as well to make sure that his bike is parked in a conspicuous manner.
I'm starting to think to go through insurance as well though I'm sure I wont forget about it for a long time.
My premiums are already at $3400.
Yes, very presumptuous; I was not on my phone (though I have every right to be on it as I approach my vehicle).
I'll spare you the diagrams, but he parked his bike in such a way that it was not visible when I was approaching my car from the front.
Also, a tilted sports bike sits low enough that it was not visible in my rear view mirror. My side mirrors showed absolutely no obstacles.
In addition, it was raining and dark.
Spare me the pedestrian talk. I didn't even have foot on the gas. My brake wasn't even fully released.
I'm sure you don't check to see if there's a little kid lying behind your car when you approach it from the front. There is an onus on a bike owner as well to make sure that his bike is parked in a conspicuous manner.
Fair enough.
That doesn't absolve you of the responsibility to make sure the way is clear. You didn't get into your car from the front, and I find it hard to believe the bike wouldn't have been visible when standing by the drivers door area.
I do, but I have a son who's still short enough to be hidden even when standing.
In a designated parking spot should be conspicuous enough.
I shouldn't rant on you. Good on you for stepping up to the plate and not simply driving away.
Now it's his fault you hit and damaged his property? lol
you are 100% at fault in terms of both the law and insurance liability determination.
Pay up sucker.
1. I'm not sure if that would be valid in Canada.
2. Even if it is valid, it is only a release of liability, it doesn't absolve him of the at fault accident as far as his insurance company is concerned. His insurance company can still flag him for an at fault accident which could result in a rate increase.
EaZ8
Well-known member
now i think you should have your license revoked. you didnt see it so its not your fault? what about the 4 year old riding dirt bike (i know badass 4 yr olds) or the smoking hot couger of a mom pulling her baby in a stroller over to her baby daddys house before she has to go grind for tips, you smoke her, her kids and then there is no one on stage.
thanks for ruining my tuesday lunch break from work, im on commission and that was going to be a business meeting... now you affected my annual income as well as injuring people.
there is NOT a onus on a bike owner to make their bike visible, its your responsibility to not break peoples S#$#@# and id you do by incompetence its your responsibility to repair any and all damages, which includes loss of use, technically you should be covering a rental bike while his is out of commission.
i hope the guy with the gsxr is on here and see this...
bottom line, you hit a bike and come to a bike forum for sympathy and to deflect blame on someone who just parked their vehicle? pff...
roadtoruin
Well-known member
Wow that's some high premiums, you either have a lot of vehicles or you have some bad history. Judging by your logic the latter seems most likely.
No. No there isn't.
Not talking about the CRC. The guy can still screw you over by reporting the accident to his company and sharing your insurance info even without claiming. All he needs to do is show them proof of repairs and they won't bother him. His insurance company may call still call yours. They can rate you for the at-fault accident.
Slightly off topic...what do you do when a bike parks so close to your car you can't move the car out of your spot? Put it in neutral and move it out of the way (assuming no disc lock)? Or wait for the owner to return?
EaZ8
Well-known member
there are other ones that say that you can no longer collect a claim against me or my insurance company due to anything related to this incident and the claim is to considered paid in full for $xxxxx
i dated a legal secretary for a few years, her boss had one ready to go just fill in the blanks... i had to use it once, some chick pulled out of a parkinglot as i switched lanes, minor scratch, i tried to just buy her POS neon off her because the repair cost more than the car... i just didnt want to pay $500 deductible for a $800 repair..
eventhough i think it was her fault i just didnt want the headache.... i polished her paint off my bumper... i had no damage.
i dated a legal secretary for a few years, her boss had one ready to go just fill in the blanks... i had to use it once, some chick pulled out of a parkinglot as i switched lanes, minor scratch, i tried to just buy her POS neon off her because the repair cost more than the car... i just didnt want to pay $500 deductible for a $800 repair..
eventhough i think it was her fault i just didnt want the headache.... i polished her paint off my bumper... i had no damage.
