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Knocked by other biker - responsibility?

Jez Graves

Registered User
Hello all,
Not sure if anyone can help but...
Whilst out riding I pulled alongside my friend to exit a car park turning right. My front axle was roughly in line with his back axle (he was riding a new Africa Twin.) At this point he lost control, wobbled and fell off in my direction with the result of his luggage rack putting a hole in my nose cone.
Initially he admitted it was his fault and was happy to pay the repair.
New nose cone purchased from Jaws - which he has paid for. His paint shop (quoting £120) have now said they can't do it. My Paint shop (estimate £400 or so) can do it but he is now saying that because I was behind him and could see what was happening I am half to blame so owe half the money.
Initially trying to sort without insurance company but my view is if he hadn't lost control of the bike there would be no damage to mine. Anyone had any experience of similar.
Thanks very much.
 

Centaur

Site Pedant
Club Sponsor
Welcome, Jez. Clearly he is NOT a friend. Morally I would say you are in the right but his insurance company may feel you were too close. Would you have got that close to a stranger on a bike? I feel we all let familiarity with a friend's capability and riding style allow us to get too close. I have occasionally nearly been rear ended by a friend riding too close and vice versa. Your insurance company should have been informed of the accident when it happened. Were they? Mine is the oldest head on here but not the wisest.
 

noobie

Clueless in most things
Suggest he finds another paint shop he's happy with (remembering cheapest is not always best),
Bite the bullet and go half knowing afterwards your friendship will take a knock for a little while,
get it painted and feck him off

I see his point in a way about being so close but I'm sure we have all done it and been lucky
 

Jez Graves

Registered User
Thanks chaps. Wise advice.
Will see how things progress and bear all this in mind.
As usual great help from the forum, much appreciated
 

Cougar377

Express elevator to hell
Staff member
Moderator
Club Sponsor
Not much of a mate. His fault, I'd say.
If he fell over while you were parallel in a queue it would be the same. i.e. his lack of control.

If the old biddy in the car in front slammed it into reverse by accident and knocked you over then it wouldn't be your fault if you were 2 feet behind her.
The assumption is that she (and your mate) is competent enough to handle the vehicle.

He should man up and take responsibilty.
 

johnboy

rather fond of a cream bun
Club Sponsor
Again, my training isn't in law, but seeing that he has already purchased the nose cone for you, he has therefore admitted liability. Is his paint shop saying they can't do it period, or they need more money? I fear this may end up being one of life's lessons.
 

andyBeaker

Moderator
Staff member
Moderator
Club Sponsor
Personally I can't see past that your mate being 100%,responsible and therefore liable - morally if nothing else.
 
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