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Road accident.

  • 11-04-2013 9:03am
    #1
    castrolracing
    Registered Users, Registered Users 2 Posts: 45 ✭


    Quick question.

    I pulled out in front of a guy in a motorbike the other day. He wasnt going very fast, I just didnt see him coming. He didnt hit my car, he stopped just before he hit me but the bike fell on the road. The side panels of the bike got very lightly scratched. He wasnt injured in any way. I told him I'd pay to have the panels repairs and he agreed. He brought it now to get a quote And the quote he has got seems to me to be massive considering there was so little damage done. He wants to have the panels replaced which I think is over the top. Anyway my question is, am I actually liable in this situation? Yes, I pulled out in Front of him and but he never hit me. Any ideas?


Comments

  • #2
    cml387
    Registered Users, Registered Users 2 Posts: 8,641 ✭✭✭cml387


    My brother has a bike.

    The side panels are expensive to replace.
    Your action caused the bike to tip over.
    Yes, you are liable.
    How much was the quote?


  • #3
    Slyderx1
    Registered Users, Registered Users 2 Posts: 153 ✭✭Slyderx1


    no sympathy .you could have killed the guy from lack of observation. Plastics for bikes are very very expensive and some damage to panels are not repairable so factory replacements are required and may have to be painted. Just be thankful he is not going after you for personal injuries.


  • #4
    castrolracing
    Registered Users, Registered Users 2 Posts: 45 ✭castrolracing


    I know I was wrong. I'm simply asking if anyone knows legally, what's the law says in this instance. The guy in the motorbike is just going to town with the claim.


  • #5
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    The law says that you caused a motor vehicle accident therefore you are liable. It doesn't matter that you personally suffered no damages.

    The fairings on many bikes are one-piece units which can cost hundred of euros to buy brand new. Unlike cars, there are very few components that can be polished or tapped out - if they're damaged, the have to be completely replaced.


  • #6
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    castrolracing wrote: »
    I know I was wrong. I'm simply asking if anyone knows legally, what's the law says in this instance. The guy in the motorbike is just going to town with the claim.
    It looks to me that you are liable but he should be minimising the claim. Do you have pictures of the damage. If you do you could drop into a garage and make enquiries. If the scrapes are something that can be polished or painted over then you should only have to pay for that but if they can't be polished or painted over you would have to pay for a replacement.


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  • #7
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Ask him to come back to you with three quotes for repair, and then come to an agreement on which to go with.

    Otherwise, he can simply put it through insurance, and that may have a larger long term effect for you.


  • #8
    Slyderx1
    Registered Users, Registered Users 2 Posts: 153 ✭✭Slyderx1


    castrolracing wrote: »
    I know I was wrong. I'm simply asking if anyone knows legally, what's the law says in this instance. The guy in the motorbike is just going to town with the claim.
    The problem is that when a bike goes down ( even if blown over in the wind off its side-stand) is that you have visible damage and invisible damage i.e beneath the fairing. So what you might see as a few scratches could in fact be a near write off for a bike. You do not say what model the bike was and bear in mind some brands such as BMW are extremely expensive to repair. These are not damages that the Plaintiff can minimise. You are escaping for example his crash helmet which could cost 600e to replace. Fairing damage can cost depending on damage 2000e and upwards .


  • #9
    cabledude
    Registered Users, Registered Users 2 Posts: 842 ✭✭✭cabledude


    castrolracing wrote: »
    Quick question.

    I pulled out in front of a guy in a motorbike the other day. He wasnt going very fast, I just didnt see him coming. He didnt hit my car, he stopped just before he hit me but the bike fell on the road. The side panels of the bike got very lightly scratched. He wasnt injured in any way. I told him I'd pay to have the panels repairs and he agreed. He brought it now to get a quote And the quote he has got seems to me to be massive considering there was so little damage done. He wants to have the panels replaced which I think is over the top. Anyway my question is, am I actually liable in this situation? Yes, I pulled out in Front of him and but he never hit me. Any ideas?
    Why do you not wish this claim to go on your insurance? And, how certain are you that the damage did not pre-exist the 'accident'?


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