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Legal question

  • 25-10-2009 8:43am
    #1
    Registered Users, Registered Users 2 Posts: 213 ✭✭


    Where I live there's a parking space for the residents and I generally keep my old bike, a Honda 125CC GZ (Which I am looking to sell also) and and it's parked to the right of a disabled person's parking space.

    To the right of that space there are no other spaces marked off thanks to the odd shape of the area and as anyone from Cork will know, yesterday was bloody windy!

    Anywho, my bike fell over and right hand grip went through the glass of a car that was parked right up against my bike. Not on the disabled side of course.

    He's clearly going to want me to pay for the whole thing to be replaced and so on and I'm definitely not going to pay for all of it. The wind isn't my fault and he parking right up along side my old bike. That bike has been stationary there for about two months since I got my hands on a new bike.

    I'm not a complete bastard so I am willing to pay for half of the damages but I've asked to see a mechanic's bill or quote first but he claims a new pane of glass will cost about 200 euros. The car is a cheap three door hatchback, Ford something and it was the pane behind the driver's door.

    Opinions?


Comments

  • Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    "Act of God" let your insurance deal with it if you have some and they won't pay out. Technically you don't have to either.


  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    It doesnt matter that his car is a cheap yoke. Your bike done the damage. You should pay for it in my opinion.


  • Registered Users, Registered Users 2 Posts: 10,534 ✭✭✭✭guil


    i'm with seany on this, ur bike ur responsibility
    btw glass isnt cheap either, i had a 3 door focus a few years ago and it was 140 just for one of the windows, that doesnt include fittin and if the window is bonded in it will be more again


  • Registered Users, Registered Users 2 Posts: 1,823 ✭✭✭EvilMonkey


    Its not clear from the op, if the car was in a proper space then you should probably pay something, not sure if your at fault legally but karma is a bitch. If the car was in an unmarked space and squeezed up too close to your bike its their own fault in my opinion.


  • Registered Users, Registered Users 2 Posts: 213 ✭✭Chaos Marine


    There is no proper car parking spots to the right of the disabled parking space where my older bike is parked.

    I don't think it's my fault that he parked his car so close to mine.


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  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    it sounds as if you where not in a parking space either though.
    I know its not your fault about the wind but its also not me mans fault your bike broke his window.


  • Registered Users, Registered Users 2 Posts: 994 ✭✭✭LookBehindYou


    Maybe he can claim for glass breakage on his own policy.


  • Registered Users, Registered Users 2 Posts: 356 ✭✭Roadskill


    Maybe he can claim for glass breakage on his own policy.

    Most car policies will repair a window for free. I think he is either trying to get some cash from you or his insurance cover is ****e.

    Roadskill


  • Registered Users, Registered Users 2 Posts: 8,659 ✭✭✭CrazyRabbit


    If your bike was stationary, in a proper parking space and you weren't on it, then I don't see how a claim against your insurance will be successful.

    Shame about the guys window, but if you didn't break it either directly or through negligent parking/bike storage, then I don't think it's your problem.

    'Acts of God' happen...it sucks, but that's life.


  • Registered Users, Registered Users 2 Posts: 12,822 ✭✭✭✭galwaytt


    If your bike was stationary, in a proper parking space and you weren't on it, then I don't see how a claim against your insurance will be successful.

    Shame about the guys window, but if you didn't break it either directly or through negligent parking/bike storage, then I don't think it's your problem.

    'Acts of God' happen...it sucks, but that's life.

    ...sorry, not so. Happened to me in Bristol, years ago with a CB350F - wind knocked it over and put the handlebar right into the middle of the door - made a complete ****e out of it. Good old NU paid for all of it :rolleyes:

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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