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Am I in the wrong?


VULTURE
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I'm with Gordon, when you think the bike leans to that side, the foot pegs and handle bars protrude, so much so that the handle bars protrude further than the helmet, I think anyone who walks close enough is taking a serious risk with an iconic piece of Japanese engineering, to say the OP is at fault is like saying your at fault for parking your 20K car in sainsburys and some moron runs down the side of it with a trolley

 

Yes the guy is at fault!

 

I would seem to be in a minority, but I think the other lad was at fault and should pay. It is hard to be definitive without a diagram showing where the bike was, where the road was going, dimensions etc.

 

If the other party couldn't get past the bike without knocking the helmet off, he should have found another route or taken more care.

 

How many posters would be happy if their wing mirror was broken off in a car park? Would they accept it was their fault for parking there or not folding the mirrors in?

 

The OP might have misjudged the safety of his helmet, but he didn't knock it off.

 

I would be taking advice.

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I assume it's less damage than a stone chip at speed, do you replace your helmet after each time a chipping hits it?

There is a big difference between a chipping being flicked up and causing a small chip! To DROPPING a helmet! Dropping it can cause weakening, hairline fractures, which can mead to failure I an accident! It doesn't matter if its 3 foot from a stationary object, or you going down the road, it needs replaced! You would be surprised how many people buy second hand helmets not knowing their history :no: Buy new, and buy full face! I don't like open face helmets, I have seen some nasty injuries from debris hitting peoples faces! Also when you come off, your chin has no protection what so ever!

 

I have never paid £800 for a lid! But I got one off my parents when I passed my test that was kevlar! Apparently around £370 worth! That took a HUGE knock when I was knocked off my gsx600. I couldn't find a new one so went for a caberg flip instead! Then after the last accident when someone pulled out in front of me and I went over the top! I promised never to ride a motorbike again! Still look! But a promise is a promise!

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If this got to a County Court, the judge I am sure he would say " what evidence have you got to say that the helmet is cream crackered?"

 

If you said "well none really its been dropped and my mate said its no good"

 

In my opinion the judge would say come back when you can prove that he caused the damage when he knocked it off and it was perfect before.

 

Just saying like I see it.

 

Regards

 

Hcc

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Hi. I was standing 6 feet away from the bike at the time and had my eye on it,the guy was walking past and is one of those poncey types-who only ride about ten miles a year, all the gear and no idea type,.

I said £800 but I meant £400 for the damaged one which was a month old and another £400 for the new one..

The grass bank was a least 45 degrees and there was bikes in front and behind mine .

Pic below was taken last year at the same location,had to be cropped to get it on here but you get the idea.

Cheers

Why don't you nip round and have a word with him. You must know him or how else would you know he only rides 10 miles a year has all the gear and no idea and is poncey!

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If this got to a County Court, the judge I am sure he would say " what evidence have you got to say that the helmet is cream crackered?"

 

If you said "well none really its been dropped and my mate said its no good"

 

In my opinion the judge would say come back when you can prove that he caused the damage when he knocked it off and it was perfect before.

 

Just saying like I see it.

 

Regards

 

Hcc

ALL helmet manufacturers have the same oppinion, any drop = new helmet, going by the advice given by the makers and the safety critical nature of a helmet NO Judge would think to oppose that advice

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Hi. Made a mistake the Helmet was £300 not £400 as I stated earlier ,it's a Davida jet, I have email the company a picture of the damage to see what they say .

Pretty sure they will say it's knackered and to buy a new one.

Of course they will. They sell helmets to make money!

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Reactions to helmet damage are a personal thing. I'm happy to bounce mine off the floor, dust it off and carry on. Vulture is a bit more sensitive about his, that is his prerogative. We tried smashing a 20 year old one of mine at work, it's damn hard to do!

 

I do not believe you are wrong to be unhappy about it and I can understand the guys embarrassment. I believe that you are unable to claim off his insurance and I don't think a civil court will necessarily go in your favour unless he admits to damaging the helmet. I think they work on the balance of probability. It's a hard situation to deal with.

 

I'd give you £20 for the old one Vulture. :friends:

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So, it started off as being £800 out of pocket.

 

But it's actually £300 out of pocket.

 

Did you try saying that lot to him too ? Because I'd view that as attempted fraud, and tell you to do one, and I'd happily see you in court.

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I would seem to be in a minority, but I think the other lad was at fault and should pay. It is hard to be definitive without a diagram showing where the bike was, where the road was going, dimensions etc.

 

If the other party couldn't get past the bike without knocking the helmet off, he should have found another route or taken more care.

 

How many posters would be happy if their wing mirror was broken off in a car park? Would they accept it was their fault for parking there or not folding the mirrors in?

 

The OP might have misjudged the safety of his helmet, but he didn't knock it off.

 

I would be taking advice.

Completely agree.

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didn't you stove him in vulture?

seriously though, my last aria got dropped quite a few times, I only changed it after I allegedly tapped the wife's ex on the head with it and had to get rid of the evidence.

I feel for you mate, i'd be feeling a bit radgey too, some people have no damn respect and need some attitude adjustment.

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If you think posts have been 'offensive', then maybe you should wear your motorbike leathers to read the forums, or when down the shops, because you seem to be incredibly thin-skinned.

 

I've read through, and can see nothing that is offensive.

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Bit of a tough one in all honesty, can totally understand you being rather cheesed off about it but in reality I'm not sure where you're going with this?

Accidents like that do happen unfortunately, the decent thing would be to offer some sort of recompense but I can't help thinking you're wasting your time if he was just walking past the bike, can't imagine a court case over it!

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...but I wouldn't get too wound up by these monkeys though :lol:

life's too short mate, just accept that you've missed your opportunity to settle the problem, I doubt you'll see him again, and he probably turned up in a car :lol:

Edited by Paddy Galore!
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