Someone hit my bike & I found the culprit

[Zevify]

Hi all as you can see from the title, I'm wondering what actions should I take now.

 

Story goes like this:

I parked my bike in a private estate area last week where there is no designated bike lots. But there are shops there and an entrance and exit for vehicles to come in and go out. Most vehicles are usually parked there. So I parked my bike behind a car and left some space for him to exit. Before I went to do my stuff I asked the person in the car if he is able to turn out. He came out, took a look and said ok. Then I went to carry on with my stuff. 15 mins later I heard horning and saw that guy's car out halfway. So I went out and adjusted for him to move out. It was very dark and I did not notice any damages to my bike until yesterday.

 

So I went down to the workshop to get my bike repaired, not knowing who the person that damaged my bike was. Got my bike repaired and the replacement fairing cost $900 due to it being an Aprilia. Went to the same area that the car nearly hit my bike and saw the car again. So it struck me that it may be that guy so I checked his car and saw that it has a scratch on the front.

 

Talked to the guy and he was really hostile towards me and HE BLAMED ME for repairing the bike first before going to find him and said "you expect me to pay for the repairs without even discussing with me first?"

 

So the question is that am I at fault for repairing the bike beforehand? I believe I have a strong case against him as all the evidence proves that it was his car that hit my bike. Got photos of the damage and all. What are the chances of me getting back a full claim from his insurance company? Please advice me as I am a new rider and only 18 years old now........

[buttbutt8]

If u found out early, you should claim from his insurance.

[Zevify]

If u found out early, you should claim from his insurance.

 

The thing is that I'm not sure whether I'm right to claim from his insurance AFTER I've done the repairs myself from the workshop. Because I was not hoping to find the culprit and was just trying my luck. I'm just afraid that I may not get to claim back the full amount from the insurance company.... it's quite a huge sum for me especially when I'm only working during the holidays.

[buttbutt8]

The thing is that I'm not sure whether I'm right to claim from his insurance AFTER I've done the repairs myself from the workshop. Because I was not hoping to find the culprit and was just trying my luck. I'm just afraid that I may not get to claim back the full amount from the insurance company.... it's quite a huge sum for me especially when I'm only working during the holidays.

 

Some experts here maybe able to advise. But I understanding is that accidents must be reported within 24hrs and damaged vehicle to be sent to IDAC for assessment. After the assessment then can go for repair at the authorised workshop of ur insurance company.

[Isopropyl]

call your insurance company for advice. that what you pay them for isn't it.

[justforme]

im sorry to say that most likely this will be hard to claim, reason being:

 

-photos has to be taken by insurance authorized bike shop as this is proof that the bike shop can vouch for the damages

-cost has to be billed by the authorized bike shop as this is also part of the procedure that insurance company require to protect themselves in case some bike shop raise the price on purpose.

-there is no photo of the bike damage/accident on scene to proof that your bike was really damaged due to the driver banging onto your bike.

 

but please dont take my explaination as a confirmed answer. i still recommend that you lodge a report against the driver as the insurance company might give you the benefit of doubt.

[timewalker84]

Hit and run is a crime. Report to the police.

 

Crime aside, you'll be more interested in the civil action under which you would seek to recover the cost of your repairs. Insurance is simply a convenient method of recovering monies from a tortfeasor. The barring of an insurance claim does not affect the essence of the substantive claim itself. At the heart of your claim would lie a cause of action founded in the tort of negligence, which is preserved for a limitation period, which I remember is somewhere around six years or so. Even if you are somehow unable to claim against his insurer due to a failure to report in a timely manner, your civil right to sue him remains valid.

 

This is not meant to be legal advice. You should speak to a lawyer.

 

 

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[timewalker84]

Actually having read your post more carefully, you mentioned that you parked BEHIND him, but his car has a scratch on the FRONT. How does that work?

 

 

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[buttbutt8]

Hit and run is a crime. Report to the police.

 

Crime aside, you'll be more interested in the civil action under which you would seek to recover the cost of your repairs. Insurance is simply a convenient method of recovering monies from a tortfeasor. The barring of an insurance claim does not affect the essence of the substantive claim itself. At the heart of your claim would lie a cause of action founded in the tort of negligence, which is preserved for a limitation period, which I remember is somewhere around six years or so. Even if you are somehow unable to claim against his insurer due to a failure to report in a timely manner, your civil right to sue him remains valid.

 

This is not meant to be legal advice. You should speak to a lawyer.

 

 

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It wasn't a hit and run according to the post. The man was there horning and wanted to get his car out and the TS moved his bike to allow the car out.

 

Civil suit over damaged fairing? Unless u are a rich bloke and want to win the case just for pride.

[Jehuty]

Hi all as you can see from the title, I'm wondering what actions should I take now.

 

Story goes like this:

I parked my bike in a private estate area last week where there is no designated bike lots. But there are shops there and an entrance and exit for vehicles to come in and go out. Most vehicles are usually parked there. So I parked my bike behind a car and left some space for him to exit. Before I went to do my stuff I asked the person in the car if he is able to turn out. He came out, took a look and said ok. Then I went to carry on with my stuff. 15 mins later I heard horning and saw that guy's car out halfway. So I went out and adjusted for him to move out. It was very dark and I did not notice any damages to my bike until yesterday.

 

So I went down to the workshop to get my bike repaired, not knowing who the person that damaged my bike was. Got my bike repaired and the replacement fairing cost $900 due to it being an Aprilia. Went to the same area that the car nearly hit my bike and saw the car again. So it struck me that it may be that guy so I checked his car and saw that it has a scratch on the front.

 

Talked to the guy and he was really hostile towards me and HE BLAMED ME for repairing the bike first before going to find him and said "you expect me to pay for the repairs without even discussing with me first?"

 

So the question is that am I at fault for repairing the bike beforehand? I believe I have a strong case against him as all the evidence proves that it was his car that hit my bike. Got photos of the damage and all. What are the chances of me getting back a full claim from his insurance company? Please advice me as I am a new rider and only 18 years old now........

 

Tell you what, wear a balaclava, smash his car. Tinted helmet works also.

[Zevify]

Actually having read your post more carefully, you mentioned that you parked BEHIND him, but his car has a scratch on the FRONT. How does that work?

 

 

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Vehicles were parked parallel and he turned out and the front right fairing got scratched.

 

 

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[Zevify]

Hit and run is a crime. Report to the police.

 

Crime aside, you'll be more interested in the civil action under which you would seek to recover the cost of your repairs. Insurance is simply a convenient method of recovering monies from a tortfeasor. The barring of an insurance claim does not affect the essence of the substantive claim itself. At the heart of your claim would lie a cause of action founded in the tort of negligence, which is preserved for a limitation period, which I remember is somewhere around six years or so. Even if you are somehow unable to claim against his insurer due to a failure to report in a timely manner, your civil right to sue him remains valid.

 

This is not meant to be legal advice. You should speak to a lawyer.

 

 

Sent from my iPhone using Tapatalk

 

My insurance agent is currently overseas now so I'm waiting till next Monday for my insurance claim against the other party's company to be filed. But I don't think my chances of getting a claim from his company will be high since he can always deny hitting my vehicle. But I'm very sure it was him that damaged by bike. As I said in the previous post, I left ample space for him to come out from the parallel parking lot.

[keyxblade]

although the driver is a the wrong for hit and run but u should not have repair your bike before confronting him. And also u need authorized bike shop to take photo of your bike damages. Your of claiming is near zero.

[Hydher]

i believe if u have enough evidence, you can win because it is a hit and run

[guangwei]

although the driver is a the wrong for hit and run but u should not have repair your bike before confronting him. And also u need authorized bike shop to take photo of your bike damages. Your of claiming is near zero.

 

He couldn't had wait any longer to hunt down the hitter before he repairs because as he said, he only realise the damage the following day when he had part ways with the hitters. He never expect that he got such chance to meet up with the hitter again.

 

Then I think your approaching attitude must be wrong to make the Driver so agitated..

[mechwira]

everybody forgot one important point: the bike was illegally parked. yes, so was the car, but the fact that the bike was illegally parked is grounds to say it was causing obstruction regardless of the fact that the car was similarly illegally parked and the driver verbally claimed it was ok. this illegal parking alone will cause plenty of claims problems.

 

and btw, this is no way a hit and run. hit and run means the driver knows he cause the accident and deliberately run on the spot to avoid being caught. neither the driver nor the biker was aware of any collision. therefore the driver is not guilty of hit and run.

[phif]

No point pursuing this unless u have lots of $$$ and just want to make a point. As this was not reported straight away, I'm not even sure if the insurance companies would cover the damage. Unless u have recorded evidence that he hit your bike, it will just be your words against his in court.

[NovaBeng]

once you left the scene and get your fairing respray/repair. you already lost the evidence. Just learn your lesson.

[wait4me]

and how is TS going to prove is the car that hit his bike ?

 

because the scratch match his bike?

and where the scratch now ??

[xtrail]

You should have given 2 days notice to the car's insurers prior to repairs. It is a requirement. If you have not then never mind. Proceed to submit claim personally at FIDREC. Google for details please. But be prepared to submit photographic evidence of your damage as well as the car's damage. You may wish to email to me at gtw@gohjpwong.com if you need more help.

[azr123]

and how is TS going to prove is the car that hit his bike ?

 

because the scratch match his bike?

and where the scratch now ??

 

Good point. I was wondering as well about the use of photo evidence. Technically, what is needed in the photo? The damages on both vehicles and the faces of both owners? Up until now, I still don't understand what makes a concrete evidence.