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Knocked by other biker - responsibility?

Discussion in 'Legal Eagle Roost' started by Jez Graves, Jan 22, 2018.

  1. Jez Graves

    Jez Graves Registered User Read Only

    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.
  2. Centaur

    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.
  3. noobie

    noobie Clueless in most things Read Only

    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
    • Cool Cool x 1
  4. Jez Graves

    Jez Graves Registered User Read Only

    Thanks chaps. Wise advice.
    Will see how things progress and bear all this in mind.
    As usual great help from the forum, much appreciated
  5. Cougar377

    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.
  6. Squag1

    Squag1 Can't remember.... Club Sponsor

    He failed to control his vehicle.
    End of.
    • Cool Cool x 1
  7. johnboy

    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.
  8. andyBeaker

    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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