Fazer pushed over....gutted!

[mrMoog]

Monday is bad enough as it is this time of year but was made a whole lot worse when my bike was purposely pushed over whilst parked outside my office window. Long story short. A carer was walking back to his car with a client, the client pushed my bike over stating that it was in his way. I rush out ready to knock 10 bells out of them both effing and jeffing. The carer was very apologetic, the client is down syndrome.......my heart sank, I took a deep breath and asked the carer for full details. The downs fella has public liability insurance but unfortunately will not cover all damage to the bike as it will cost more to repair than what the book price of the bike is worth. It's looking like I will have to put up with a ding in the tank and exhaust. Upper fairing will be replaced as will indicator, bar end and break lever. Rear fairing is being De-stickered, buffed and new stickers added. Crash bung won't be replaced either.
She's a right mess, like I said....gutted:-(

[YamFazFan]

I'm not surprised that you're gutted. I certainly would be.

You don't expect something as bizarre as that to happen do you.

I wonder if this was one off or whether he has a habit of doing such things. If it's a regular occurrence perhaps a review of carer supervision is required

[Dudeofrude]

Admittedly I'm not the most caring of guys but I wouldn't have give a shit if he was downs/blind/disabled or whatever the fuck else. I would be getting the money from someone to fix. At the end of the day you've done nothing wrong and it's not your problem that the person was ill. If he has diminished responsibility then surely its the carer who has to take blame.
If my 5 year old child knocked it over you'd sure as hell expect me to pay so why not this person?
Sorry if it seems a little cold hearted and I'm sure your probably a lot more understanding than me bit I would personally want some compensation

[mrMoog]

Well, the carers car had pretty much every panel dented which makes me think the downs fella possibly has a history with lashing out. Of course I'm just speculating but you know it makes you wonder eh. So far my local garage has totted up the cost (£900 of repairs) that's without the tank and exhaust and they are adamant if I push for any more they might just write her off. To be honest I'm struggling to make a decision as I don't want them to write it off but I've been told if I push too much with insurance I could get a jobs worth and he/she might send it to the underwriters...No idea what that means.
 

[fazersharp]

I would of thought that the carer has some sort of culpability here, its not that easy to push a bike over so what was the carer doing and if they know that the person is prone to that kind of thing then they should of steered him away before. 

[YamFazFan]

Yeah that's what I would have thought, but it's easier said than done though isn't it (getting compensation)

I've been lucky, my Fazer hasn't been on the floor once since I've had it.

Came foccin close once tho. Made the classic mistake of parking it on a bit of a slope, facing downhill on the side stand.

I actually watched the stand fold up and the bike was away whilst I was stood adjusting a pack on the pillion seat.

I literally ran after it and how I kept it up I'll never know. You seem to gain super human strength in these situations.

Had a painful bruise on my leg for a week from some part in the struggle.

[tommyardin]

Really sorry to hear about your bike.

I would guess that if the guy who pushed the bike over was from a residential home, the care organisation has responsibility for his actions, someone somewhere is likely to be paying a huge sum for his care and if he is allowed to run riot like that then he is not in or under control, so the residential care home is falling down on their duty of care, not just for the guy but for the individual carer and the general public.
If the guy lives at home with a parent/relative and the carer is a employed helper, then surely the parents or relative of the guy are responsible for his actions and any financial loss.

If he is that unpredictable and subject to agressive acts then he should have two carers to manage him, again there seems to be a failure in the duty of care for the general public.
I hope you get it sorted because it seems your the only completely innocent party here, but also the one likely to lose out.

[mrMoog]

I spoke *once again* to the insurance firm covering him yesterday only for them to change the goalposts again. They say I have to provide a second quote for repairs and a written statement to be sent to them by any witnesses and myself. I didn't actually witness it being pushed over however some of my colleagues did as they were out on the car park at the time having a cigarette break which is when one of them came in and told me.
I also spoke to the lads mother and asked her for the carers works address and telephone number and explained that her insurance is making me jump through hoops all of which is a massive inconvenience for me. She said the carer isn't employed by a care home but by her, in fact her son is officially his employer, not sure how the hell that works but there you go that's what she told me.
I telephoned my local Honda garage who are taking care of my bike (Yes I know its Honda but I've always gone to these guys because I trust them) and he said he had a feeling they would do something like this as with all insurance firms they simply do anything they can to avoid paying out. He has sent all the details to a solicitor who will now deal with the insurance firm on my behalf. He said be prepared for a long winded drawn out situation.
I just want my girl back as I left her at 8am on Monday morning which is exactly what I shouted down the phone to the insurance firm before I slammed the phone down, well not slammed the phone down more like pressed end call.......would've been nice to be able to slam the phone like old times though. 

[darrsi]

What a horrible scenario to be in, especially when you are truly innocent of any blame whatsoever.
Think you're just gonna have to persevere with this one.
Hope it all sorts itself out.....eventually.

[Hugh Mungus]

Have you got legal expenses cover with your insurance?  If you have then you would have a solicitor on your side.
It seems likely that they might write it off as it will cost them less. An awful thing to think about but it may happen.

[HarryHornby]

Ah, that's gutting, sorry to hear that.  We're a good bunch on here.  Put a list of what you need on the sales and wants page with a brief eplanation of what happend, or point to a link to this thread.


I'm sure between us we can help you out and get you up and running.  Ebay is also very useful for parts, I'm sure we can do this for a lot less than £900


I need to check, but as a starter for 10, I think I might have a break leaver in the garage........

[tommyardin]

I spoke *once again* to the insurance firm covering him yesterday only for them to change the goalposts again. They say I have to provide a second quote for repairs and a written statement to be sent to them by any witnesses and myself. I didn't actually witness it being pushed over however some of my colleagues did as they were out on the car park at the time having a cigarette break which is when one of them came in and told me.
I also spoke to the lads mother and asked her for the carers works address and telephone number and explained that her insurance is making me jump through hoops all of which is a massive inconvenience for me. She said the carer isn't employed by a care home but by her, in fact her son is officially his employer, not sure how the hell that works but there you go that's what she told me.
I telephoned my local Honda garage who are taking care of my bike (Yes I know its Honda but I've always gone to these guys because I trust them) and he said he had a feeling they would do something like this as with all insurance firms they simply do anything they can to avoid paying out. He has sent all the details to a solicitor who will now deal with the insurance firm on my behalf. He said be prepared for a long winded drawn out situation.
I just want my girl back as I left her at 8am on Monday morning which is exactly what I shouted down the phone to the insurance firm before I slammed the phone down, well not slammed the phone down more like pressed end call.......would've been nice to be able to slam the phone like old times though.

Are you being supplied with other form of transport by the insurance company while this is being sorted as you still need to get to work and for other social use.

[mrMoog]

Ah, that's gutting, sorry to hear that.  We're a good bunch on here.  Put a list of what you need on the sales and wants page with a brief eplanation of what happend, or point to a link to this thread.


I'm sure between us we can help you out and get you up and running.  Ebay is also very useful for parts, I'm sure we can do this for a lot less than £900


I need to check, but as a starter for 10, I think I might have a break leaver in the garage........

That's very good of you thank you. All the parts have been sourced already including an original top fairing and not a cheap copy which I am happy about. There is a crack on the left hand side which was there when I purchased the bike last April so if there is any saving grace to the outcome of this then  I suppose that will be it.
I haven't mentioned anything to my insurance as even though I am not actually putting in a claim with them as soon as you mention anything a marker goes against your name and you become a risk meaning your future premiums go up. I've heard this from numerous people.
In the argument with their insurance company I said if they wanted a second quote then they could collect my bike on a low loader and bring a courtesy bike at the same time or do I get taxis everywhere and send the bill to them. I also told Honda I need a courtesy bike and the guy said they would provide one as they always do so no matter what I should be ok commuting too and from work.

[ptolemyx]

Pay for the repairs yourself and put a claim against the guy who pushed the bike over in the small claims court. He will have to pay meaning his care team will have to deal with their insurers. Also you'll get your bike back sooner and just have to wait the short time for the claim to be upheld and paid to you.

[mrMoog]

Short update......


Received a letter today from the insurance, cutting a long letter short it read.......


We have received all extra documentation thank you (Strange asthe only thing I sent was an email last week)
We can confirm that we are happy for you to proceed with repairs at Honda as per the estimate @ £872.57


It seems to me the low loader and courtesy bike demand might have scared them into paying out and be done with it?


I will now ask Honda to source the parts and get her booked in asap.


Cannot wait to have her back looking spick n span again, today is a happy day.

[darrsi]

Blimey, that’s a result.
Shouldn’t have to go through it all but a good ending all the same.