Tekforums
Chat => Sports, Hobbies & Motors => Topic started by: M3ta7h3ad on April 30, 2013, 20:02:31 PM
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So long story short. 2 weeks ago motorbike was reversed into by my twat of a neighbour.
Few days after I decide because of likelihood of unseen damage I'd go the insurance route so ask for details. He screws me around a bit finally gives them to me by the end of the first week but his car disappears from the drive.
Car hasn't been back since. Just got a message from my insurers one week on "driver was not insured at time of incident".
So I'm left with 2 options. 1. Repair it myself. 2. Pay my excess and claim on my insurance accepting the cost.
This country and it's laws need a bloody kick.
I can get hammered for 35 in a 30 but someone who has admitted fault, supplied false details (well invalid for the time) and has clearly been driving with no insurance causes damage to my property and there is no way to recover the damages in full or ensure he stands trial for his breaking the law.
Suggestions welcome.
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Not sure it helps you, but surely there's something that could be done with regards your neighbour driving without insurance? I mean, what if it was a much worse accident? I'd be asking the insurance company whether they can forward on the details to the police or something.
How much is the damage going to cost anyway, whats the damage etc?
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So from the looks of it... (Need to have a proper estimate done)
Cracked fairing (relatively minor crack)
Snapped off right footpeg
Mangled/bent rear brake pedal
Snapped off right mirror
Scraped up paint on engine casings and stand and bar end weights
Broken topbox adapter plate
Shredded motorbike cover
...
Then because he's a caring understanding nineties type of a chap... He didn't understand how motorbike stands worked so decided he'd just rest it against my car, leaving scrapes and minor dents in the paintwork.
If I'm repairing it myself i can obtain the parts on eBay so far and I'd ignore the car damage, but its the principle and why the hell does he get away scot free.
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you can get it fixed by your insurance company, and then they'll sue him for the money
if you're fully comp, you can get it fixed straight away and then forget about it, the insurance company will sort it out, if you're not fully comp you'll probably have to pay for it, and then wait till it's all sorted out and get a cheque from the insurance company
hopefully you're fully comp!
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Utter scum. knighty is right through, your insurers should cover and sort it, after all it's not your fault he was uninsured! If I were vindictive I would also make it my business to seek retribution, but wait around 6 months so there is no chance of you being suspect. Wait for his car to return and accidentally put a few dents in it one night, maybe take out all 4 tyres...
If I were vidictive :twisted:
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you can get it fixed by your insurance company, and then they'll sue him for the money
if you're fully comp, you can get it fixed straight away and then forget about it, the insurance company will sort it out, if you're not fully comp you'll probably have to pay for it, and then wait till it's all sorted out and get a cheque from the insurance company
hopefully you're fully comp!
excess is £650 so I'd have to cover that and no word on if I'd ever get that back from insurance, only if they manage to recover it.
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Took me 2 years to get my £200 excess back from when someone drove into my parked car and drove off. Only way it all worked out is that 2 girls saw it and gave me her number plate. The other driver fought it, only when the letter regarding court dates arrived did she cave.
Do you have witnesses etc? Can you get a signed statement or anything from the neighbour admitting it was him?
Regardless of your outcome, I'd still contact your local police stations non-emergency number to enquire whether they can/would do something with an uninsured driver. If your neighbour comes round accusing you of being a grass you can just say the insurance company must have informed the police, you didn't know he was uninsured, especially if he gave you insurance details.
Or as clocked says, damage...6 months later. I've always been fond of the idea of leaving some nails propped behind wheels so when they drive out they get some flats. Never done it, but the thought gives me a warm feeling when a local with a stupidly loud/crappy car drives past.
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you ask your neighbour to foot the bill for repairs.
he refuses, you take him to small claims court for out of pocket expenses.
you notify the police - he's prob just parked the car a street or 2 away.
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Doesn't the MIB have a fund to cover uninsured drives causing damage or something?
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Police not interested - they can record it but in their own words "it's pretty pointless as nothing will actually happen, it just gets logged".
Insurance not interested unless I claim on my own insurance.
MiB is only option left or kindness of neighbour. Bike is off for estimate on Saturday so will find out cost then.
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Insurance not interested unless I claim on my own insurance.
are you fully comp ? I'm not sure about 3rd party, but if you're fully comp then they have to sort it for you, that's what you're paying them for
google/read up first... but chances are they're just trying to fob you off
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Yes fully comp. They would have to chase it but only if I claim on my own insurance, lose my no claims and pay the excess.
They also said there is no guarantee that they can recover costs either so i'd never get that £650 back if that was the case.
Will see what the estimate is then consider it.
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So estimate came back £943 damage and that's with some "bending" of metal involved to salvage parts.
I don't have £943 right now having just coughed up for an expensive car repair so my options stand at:
1. Claim on my insurance, pay the £650 excess, lose my no claims and hope that the MiB manage to recover up to £300 of that back. However MiB claims can take months or years and they are not guaranteed.
2. Self MiB claim, have to pay £943 to repair bike and hopefully get up to £600 back from the MiB but again can take even longer and no guarantee I'd get anything.
3. Take guy to small claims court, but without independent witnesses I've been told that this would likely fail.
4. Sell bike to dealer (finance settled) in broken state use rest as a deposit for a new used bike (vfr800 with luggage and all the trimmings) for £20 a month less than I'm currently paying on finance. This will require me to cancel my insurance policy however as insurer will not modify bike on policy. Losing me my 3rd year of no claims but I get to keep 2 years.
Also means as no repairs are undertaken I'd have to just chalk the money loss up to a life lesson... Plus side I get the bike I've been eyeing up for months.
5. Ask dealer for "get me riding" quote (think its about £600) pay it, try and get neighbour to pay something if he'd answer his door or respond to phonecalls.
Options 1 and 2 will also leave an open claim on my file while being resolved so will hurt my renewal price.
I still fully intend on forcing the issue with my local police force too so hopefully they'll pay him a visit.
I'm leaning towards option 4, sure I'm left out of pocket due to loss in value because of damage but finance is still cheaper than what I'm paying now and I've wanted a vfr800 for years.
Opinions?
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4 sounds like a very easy option for you and gets you a new bike. I think if you keep this one and have to shell out for it you will have an underlying grudge with it, I would at least.
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Opinions?
sh*t through neighbours letterbox
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Option 5: do option 4 but...
Confront neighbour. When he refuses to pay a lump sum "I don't have that kind of money" offer installments.
When he agrees present piece of paper to him with.
I <insert name> agree to repay <my name> in full the damages (£943) associated with the incident on 14th April 2013 where the vehicle <insert my reg> was reversed into by myself while driving vehicle <his registration>.
I will repay the sum £943 by way of the following installments.
<number> x £<value> with a final payment of £<value>
On a <time period> basis, commencing <date>.
On the <insert day date> of the month. (Delete as appropriate)
I understand that failing to make any agreed payments without prior arrangement with <my name> will result in termination of this agreement and the full amount outstanding will be repayable within 14 days of the missed agreed payment date.
My signature below confirms I have read, understood and agree to the terms above:
<his name printed>
<date>
<his signed>
Witnessed by:
<my name printed>
<date>
<my signed>
At least then I have a chance of chasing him through money claim then for breach of this agreement.
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secretly film him & see if you can get him to admit to hitting your bike & then ask about his car & if he had insurance or not.
Then go see PC Plod.
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secretly film him & see if you can get him to admit to hitting your bike & then ask about his car & if he had insurance or not.
Then go see PC Plod.
Will be making a full report when I can get to the station during opening hours on Thursday so will have a recording. Not sure I can use it however for that purpose as it's an invasion of privacy if I share the recording to anyone other than people who were there.
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That or entrapment? Shame really.
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I'd keep on at the neighbour tbh.. while small claims court might fail should the case get that far you might also find that a visit from the police, small claims court summons, you pestering him and the pair of you knowing that he's left you out of pocket might well be enough to make him pay up before it gets that far. Certainly don't let it drop... if he's not got the decency to pay up then he needs to be reminded frequently of it.
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Yeah will do.
Basic premise is ask nicely, try to get signed agreement, mention that I know he was uninsured at the time.
Mention that I will be making a full report to the police for driving without insurance and attempted insurance fraud.
Mention that I will pursue it through the small claims court.
Mention that I will also be reporting his drug use to the police.
Ultimately the final step is become the neighbour from hell.
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I wouldn't tell him you'll shop him about his drug habit as that will seem petty and might make him less inclined to repay you. Just shop him anyway without telling him :thumbup:
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So prepping for operation "privacy? What privacy?" The electronic side of op hellishneighbour
Found:
Flickr
Twitter
Facebook
His mums Facebook
His sisters Facebook
Google plus accounts
Common usernames
His company and office address
A series of photos with interesting GPS data in the exif revealing his other flat, his most occasioned pub and a few other places.
Now just to write it all up as a biography and give him his own little "this is your life" webpage including regular updates including locations as and when I see his posts.
Then to surprise him at his flat. :)
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but.... why ?
have you spoken to him about it yet ?
if I hit someone's bike I'd offer to pay for it...
if they came with a quote and asked nicely I'd pay for it
if they came with a quote asking nicely and wanted me to sign a bit of paper saying I'd pay for it, I'd tell them to shove it.. and pay
if they came acting like a twat I'd tell them to shove it and probably not pay
if they googled me and came with a "this is your life folder" I'd tell them to shove it, not pay... and if they gave me any crap, I'd at a minimum, kick him in the nuts
and remember.... you said you'd make yourself the "neighbour from hell"... if he's the kind of person driving around with out any insurance and smoking dope, he probably has a lot less to lose then you.... and probably has plenty of yobbo mates who nave nothing better to do than mess with you, and your stuff
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I would if he'd answer his door. I've been nice in person.
Knighty would you have lied about having insurance?
Delayed giving me your details until you had arranged insurance?
Hidden your car somewhere?
Turn off your mobile phone and return no messages?
Turn off your house lights and TV when you hear the door being knocked?
These actions are not those of a guy who will just "pay" £950. Hence me wanting him to sign it.
He either signs it or I go the legal route anyway I'll explain this to him if required.
That is why.
As for yobbo mates, it all depends on him wanting to dirty himself in the eyes of the law even further.
As for nut kicking he's about 5ft 6. I'd be more worried about him giving me an impromptu BJ.
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I wouldn't threaten about shopping for the drugs, I'd just say the insurance has recommended you contact them due to the offence of driving without insurance. If he has even a single brainchild he should be able to put two and two together and realise he doesn't want the police sniffing around as he could get done for everything else he's no doubt doing.
I'm not sure whether he would be able to get the police involved if you presented him with his life on the internet, I'm guessing the info is all public, but it might still be classed as an invasion of privacy etc. He could get a restraining order out too...
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unless your going to get physical with him, just accept it & get on with your life.
If you do what you suggest, prepare yourself for a battering of some sort.
you be better off looking at his exif data & see if the car is at the other flat or anything.
If he has moved it, then its either around his mums, other flat, or a few streets away from where he lives now.
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Sent him another text saying the following.
"Estimate on the bike has been completed. My insurance company tells me that you were not insured at the time of the incident they want me to claim on my own insurance and they'll recover the costs via the legal route. I've told them to wait so I could speak to you. When are you next available so we can discuss this?"
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Well cockface... Reported him last night.
Found out this morning from neighbour that he was ambulanced off from his house on Monday.
Doh.
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Any idea why?
I wonder if at the time he hit your bike, whether a police breath test would have tested positive for alcohol...
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Possibly. According to neighbour he has seen him driving whilst "monged off of his face and high as a kite".
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I know there's a government fund for victims of crime, is it worth looking into whether there's any avenue to explore if someone on drugs/wasted trashes your property?
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Not worth it as its all evidence based but I have none.
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