Person accidentally damaged my motorbike - where do I stand?

thenap80

Hi - hope this is in the right section for advice!

Last November/December 2012 I had a note left on my scooter at work which was only 6 months old. A colleague had accidentally knocked another bike onto mine or something causing damage to mine. The damage was a scuff to plastic coating or whatever material it is and also a crack in the fairing.

I spoke to her and she said she would appreciate if Xmas was got out of the way first before she compensated me the 350 pounds that I got a quote for the repair.

The matter was left and left and I approached her a few weeks ago and asked her about what is to happen. I said I might just leave the damage but would like some money to cover the depreciation value of the bike. I asked for 250. I could see she was not happy so I said I would take 200.

She tried bartering and asked if Id take 150.

And it was left at that - stale mate and now I think she just hopes I will forget about it! I wont even thought its been 6 months now.

Please can I have some advice on what I should do. There is no way I'm letting my insurance pay for a reopair which in all honesty is not worth getting done as the ride of the bike is not affected....just cosmetic damage. But I do not see why I should be left out of pocket.

All help greatly appreciated. I'm tempted to just charge her full whack now for having the cheek to try to barter me down!

Thanks

Littlestars_2

To be fair i don't think you can take any money without getting any work done, thats why she was probably not happy because you are just asking for money and saying you are just going to leave the damage so how much its worth then is suggestive. Get an up to date quote and invoice her for the actual repair and get it done.

Valli

Leaving it like this probably hasn't helped but this is what I would do.

I would set out the chain of events in a letter (and keep a copy) including the fact that you waited until after Christmas at her request.

I would re-iterate a request for, say £250, and include a copy of the repair quote. (Actually get a new quote as has been suggested)

I would head the letter 'letter before action' and give her a reasonable period of time within which to stump up the cash. I would add that if she chooses to ignore this I would be chasing for the whole amount as I wished to get the repair done ASAP (and I would get it repaired).

I would leave all mention of insurance out of this and emphasise that I had tried to settle the matter amicably but, having waited over 6 months since the incident I would not be prepared to delay any longer.

peachyprice

What did she knock the bikes over with?

pinkshoes

I'd get TWO quotes to get the work done, then go with the cheapest, and send her the bill giving her 14 days to pay.

If she doesn't, then send a "letter before action" detailing what happened, that you delayed work until after xmas at her request, and she now has 14 days to pay before you take the matter to court.

iclayt

So she's prepared to pay if you DO get the repairs done?

If this is the case you could tell her you now want to get it repaired in order to sell the bike on. How long you then take to sell the bike is entirely your business...

Two or three quotes for work, a smile, and a reminder of her promise to pay after Christmas... this is totally fair enough I think? Would you really want to threaten court action to someone you have to work with?

bris

You can ask for money without getting the repairs done, it is of no concern to her if you repair it or not. The money can be claimed for loss of value, you will have to take the matter to court if she is not playing ball, get 3 quotes to show the judge, if he believes you then you will be awarded the cheapest one.

malchish

If you go "official and legal" on this, your bike insurance will go up (even if you do not claim). Take what you have agreed on and simply repair the bike if you wish - in the long run it is cheaper...

unholyangel

malchish wrote: »

If you go "official and legal" on this, your bike insurance will go up (even if you do not claim). Take what you have agreed on and simply repair the bike if you wish - in the long run it is cheaper...

Not really.

My insurer doesnt seem to care what happens if i'm not making a claim. Called to tell them i'd been hit by another car/driver and they said I didnt need to tell them unless I was making a claim.

Premium also came down by about 25%

pulliptears

So she damages your property, you give her the kindness of waiting until after Christmas and now she wants to barter?

I'd do as Pink Shoes suggested and I'd hit her for the full repair now regardless. Cheeky mare.

MamaMoo_2

Hot her for the full repair. Simple. It's none of her concern whether you use the money to get the repair done, or hire a bouncy castle for a week with it. The fact is she damaged your property, she needs to pay to fix it. At some point in time, you're going to take the hit of £350, whether in repairing it yourself, or knocking that amount off the sale value so a future owner can pay to have it done. Either way, you shouldn't be out of pocket.
Get an up to date quote (in fact, get three in case it goes to court so you can show you tried to mitigate your losses) and make her pay.
You've already been nice by waiting 6 months, don't let the cheeky cow barter you down. She's certainly not in a position to do so.