VULTURE Posted May 5, 2016 Report Share Posted May 5, 2016 Hi. Need a bit of advice,went to a local motorcycle event and was parked on a private road alongside a steep grassy bank and my helmet was hanging off the left hand rear indicator something I've done since I've owned this bike and never had a problem until attending this event where a guy was trying to squeeze between my bike and the bank knocked my helmet off and badly chipping it rendering it useless. I saw him pick up the helmet and place it on the seat and try to make a hasty retreat,but asking him what what he was doing and he replied that I should not have hung it on the indicator and wasn't his fault. Anyway I asked him to pay for a replacement and he just laughted and walked off,I have his registration number from his bike,should I claim off his insurance? Or ask him to pay for a replacement. He tried several times during the rest of the day to creep round me but I was not in the mood for this.. I'm now about £800 out of pocket as I had to buy a new helmet. What should I do! Am I in the wrong to ask for reimbursement? Cheers. Vulture. Link to comment Share on other sites More sharing options...
keg Posted May 5, 2016 Report Share Posted May 5, 2016 Has chipping it really made it useles?. I'm not a biker so i don't know but a short drop from the indicator light to the ground doesn't seem that far. Is it more cosmetic? I'm not doubting or questioning you. Link to comment Share on other sites More sharing options...
welsh1 Posted May 5, 2016 Report Share Posted May 5, 2016 He is in the wrong,you were stationary and he hit you.Go through your insurance,but you may find your premium will rise slightly.As for the comment about the helmet probably being ok as it's only a short drop,would you trust your life on something that has bounced off the ground and may have minute invisible cracks in it? Link to comment Share on other sites More sharing options...
ditchman Posted May 5, 2016 Report Share Posted May 5, 2016 if you were on a non-adopted road as i see it ......you have no redress...........thats what i think.....it would also be difficult to take out a private procicution i rekon Link to comment Share on other sites More sharing options...
Sou'Wester Posted May 5, 2016 Report Share Posted May 5, 2016 I wouldn't wear a helmet that's been dropped and is showing external damage. Had a couple of pretty bad accidents when I was younger one of which would almost certainly have been endex for me if the helmet hadn't done its job. Not sure where you stand on getting it replaced by him though? He could argue that it should have been secured. Link to comment Share on other sites More sharing options...
deershooter Posted May 5, 2016 Report Share Posted May 5, 2016 In my opinion it's your fault for leaving it on the indicator if it's really worth that much you should take more care of it Link to comment Share on other sites More sharing options...
biketestace Posted May 5, 2016 Report Share Posted May 5, 2016 Its an age old problem mate, my opinion is its your fault for not keeping it with you, even if it was on the floor to start with and someone kicked or tripped over it I would assume it still your responsibility. Iv made this mistake many years ago and paid for the consequences, Sorry bud but just my opinion. Link to comment Share on other sites More sharing options...
ph5172 Posted May 5, 2016 Report Share Posted May 5, 2016 was parked on a private road alongside a steep grassy bank and my helmet was hanging off the left hand rear indicator something I've done since I've owned this bike and never had a problem until attending this event where a guy was trying to squeeze between my bike and the bank Was he walking? or was he trying to squeeze, on his bike between the side of the road and bank Link to comment Share on other sites More sharing options...
nobbyathome Posted May 5, 2016 Report Share Posted May 5, 2016 you are in the right regardless of where you put the crash helmet it was stationary and he knocked it off I doubt if he will pay for another one and an insurance claim seems to be the only option left you would win this case but as said above you will have a claim on your record and your premium will go up every year for the next five years for the op that commented on only a short drop I can see where you are coming from I am a biker and have been for 48 years and have dropped my crash helmet a few times and scuffed it and not worried but all manifactures recommend if you drop it from any height replace it I know its just a way to gain more sales but there we are if you don't want to claim to be honest I would use the crash helmet anyway they are so well made nowdays I doubt if any structural damage has been done and if you did have a bad accident and landed on your head an £800 pound scuffed crash helmet its going to give you more protection than a £200 new one Link to comment Share on other sites More sharing options...
four-wheel-drive Posted May 5, 2016 Report Share Posted May 5, 2016 In my opinion it's your fault for leaving it on the indicator if it's really worth that much you should take more care of it I second that if it is worth that much what was there to stop someone steeling it when you was not looking it seems to me that you have to much money if you look after your belongings so sloppily. Link to comment Share on other sites More sharing options...
keg Posted May 5, 2016 Report Share Posted May 5, 2016 I've never had a bike or anything that involved a helmet so my knowledge is zero, hence why i asked the question. Link to comment Share on other sites More sharing options...
robbiep Posted May 5, 2016 Report Share Posted May 5, 2016 You leave an £800 helmet hanging off the indicator of your bike, in an area with tight space to get past. I think you're at least partially responsible, through negligence and lack of due care. Link to comment Share on other sites More sharing options...
Medic1281 Posted May 5, 2016 Report Share Posted May 5, 2016 I assume it's less damage than a stone chip at speed, do you replace your helmet after each time a chipping hits it? Link to comment Share on other sites More sharing options...
guzzicat Posted May 5, 2016 Report Share Posted May 5, 2016 Not on the road + no insurance redress,I think a claim unlikely to succeed,does your bike insurance cover you for " motorcycle events", mine doesn,t I think this is one to put down to experience. Link to comment Share on other sites More sharing options...
felly100 Posted May 5, 2016 Report Share Posted May 5, 2016 If I paid £800 for a helmet ,it'd come to bed with me. Link to comment Share on other sites More sharing options...
welsh1 Posted May 5, 2016 Report Share Posted May 5, 2016 if you were on a non-adopted road as i see it ......you have no redress...........thats what i think.....it would also be difficult to take out a private procicution i rekon A public road is defined as a road the public have access to,now seeing there were a lot of public at that event on the day it is reasonable to assume on the day the damage was caused the road was a public road. Link to comment Share on other sites More sharing options...
Danger-Mouse Posted May 5, 2016 Report Share Posted May 5, 2016 I don`t know where you stand legally but leaving a very expensive helmet just dangling off an indicator stalk does seem a bit risky. If it had been nicked I doubt you would have any chance of claiming on insurance so the same may apply for a damage claim. You left it unsecured and vulnerable. I suspect you may just have to suck it up and treat it as an expensive lesson. Link to comment Share on other sites More sharing options...
sako751sg Posted May 5, 2016 Report Share Posted May 5, 2016 With the threadbare facts you have given us im going to expertly say its your own fault and should apologise too. Link to comment Share on other sites More sharing options...
VULTURE Posted May 5, 2016 Author Report Share Posted May 5, 2016 (edited) 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 Edited May 5, 2016 by VULTURE Link to comment Share on other sites More sharing options...
peck Posted May 5, 2016 Report Share Posted May 5, 2016 If he was walking at the time of the incident he would not have insurance, so its a civil matter. take him to the small claims court ? and risk losing the case. i think not. Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted May 5, 2016 Report Share Posted May 5, 2016 Whoops! Link to comment Share on other sites More sharing options...
FalconFN Posted May 5, 2016 Report Share Posted May 5, 2016 Hmm, if he was walking past then I'm afraid insurance is probably not an option. Accidents happen but you have to ask yourself if this was unavoidable? Yes, you could have secured the helmet and he could have taken greater care walking over uneven ground. Sorry to say that this one you'll have to chalk down to experience. It's an expensive lesson though. Link to comment Share on other sites More sharing options...
guzzicat Posted May 5, 2016 Report Share Posted May 5, 2016 (edited) "Private road" says it. it,s no different to the drive to my house. & if he was a pedestrian at the time what help is his Reg. number? Edited May 5, 2016 by guzzicat Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted May 5, 2016 Report Share Posted May 5, 2016 (edited) 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 Am I the only one to notice that you seem to be very dispariging about your fellow biker? Edited May 5, 2016 by TIGHTCHOKE Link to comment Share on other sites More sharing options...
Jamesey1981 Posted May 5, 2016 Report Share Posted May 5, 2016 (edited) If he was walking his insurance wouldn't be in any way liable, your insurance may help you take him to court if you have legal cover, and he would be liable for the damage no matter how precariously stowed your lid was, but unless you have independent witnesses or some form of evidence to prove that he knocked it off then they won't touch it as it's just your word against his, so unless he admits in court that he damaged it, (why would he?) then you stand very little chance of winning it. Only suggestion I have is use his reg number to obtain his address, (how you would go about doing that I couldn't tell you, guessing it won't be easy) and get your solicitor to write them a letter threatening legal action and see if that shocks him into paying for it, it will cost money but not as much as a court case, and there's a small chance it'll work. If that fails then you'll just have to suck it up and learn a lesson from it, without any evidence you don't stand a chance in court and it'll just cost you more money. Edited May 5, 2016 by Jamesey1981 Link to comment Share on other sites More sharing options...
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