Nataly 38 #1 April 9, 2013 Short version: My motorcycle got smashed whilst parked in the designated motorcycle parking area... There are witnesses who saw builders move bikes from the non-designated area into the designated area. These witnesses saw the builders drop a couple of bikes - no one saw mine fall specifically. There are picture of the builders moving the bikes, pictures of the damage to my bike (which should never have been touched), and plenty of witnesses who saw them poorly handle the other bikes. Getting the name of the building-work company is like pulling teeth, but I need this info and with enough asking around I should eventually obtain it. I imagine they will claim they never touched my bike. Second recourse is the fact that the "temporary bike area" (to replace the area that is being condemned) is totally inappropriate for bikes, as the terrain is soft, and gives way every time there is the teeniest bit of rain. So even if the bike fell on its own (which I can't for the life of me believe), there is someone to pursue... Advice would be welcome from those of you who are good at dealing with pesky insurance/admin claims..."There is no problem so bad you can't make it worse." - Chris Hadfield « Sors le martinet et flagelle toi indigne contrôleuse de gestion. » - my boss Quote Share this post Link to post Share on other sites
Andy9o8 0 #2 April 9, 2013 There are too many variables - specifically, grey areas re: how these facts would be dealt with legally in your particular jurisdiction - for "general principles" of either law, insurance claims or evidence to apply with enough confidence to give you reliable guidance. Your best source is to consult a lawyer who practices in your particular jurisdiction. (Are you in France? Consult a French lawyer. Not even a French insurance agent; a lawyer.) P.S. - legal advice from anyone - anyone - who is not a lawyer can never be counted on. Quote Share this post Link to post Share on other sites
ryoder 1,384 #3 April 9, 2013 I think what Andy is saying is: "Better call Saul!" "There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones. Quote Share this post Link to post Share on other sites
swisschris62 0 #4 April 9, 2013 I am not a lawyer or even an insurance guru but when u do consult one I think you would be wise to be able to state with confidence how your bike got messed up. Maybe one of the people who aren't so sure they seen your bike being abused can be a little surer, which in turn will make u a little surer Quote Share this post Link to post Share on other sites
DcloudZ 0 #5 April 9, 2013 Scott Lutz should know a thing or two about this, give him a call? "Better to have a short life that is full of what you like doing than a long life spent in a miserable way." -Alan Watts Quote Share this post Link to post Share on other sites
Andy9o8 0 #6 April 9, 2013 Quote I am not a lawyer or even an insurance guru but when u do consult one I think you would be wise to be able to state with confidence how your bike got messed up. Maybe one of the people who aren't so sure they seen your bike being abused can be a little surer, which in turn will make u a little surer That's exactly why she needs to speak with a local lawyer, because there's a fair amount of grey area between what evidence is/is not direct, and what evidence is/is not circumstantial, and different jurisdictions may have vastly different standards for addressing such issues. BTW, if I, being a US lawyer but not a French one, don't feel qualified to tell her what she does and does not need to be "able to state with confidence", I doubt that most other non-French, non-lawyers know it, either. Quote Share this post Link to post Share on other sites
Nataly 38 #7 April 9, 2013 QuoteP.S. - legal advice from anyone - anyone - who is not a lawyer can never be counted on. I'm looking for general advice... For example, my boyfriend told me not to bother calling or emailing anyone - I needed to write a letter that has to be signed for in order to have a paper-trail. You'd think email is a paper-trail, but apparently over here it's just going to end up in some fucktard's inbox and sit there FOREVER without a reply..."There is no problem so bad you can't make it worse." - Chris Hadfield « Sors le martinet et flagelle toi indigne contrôleuse de gestion. » - my boss Quote Share this post Link to post Share on other sites
Amazon 7 #8 April 9, 2013 Quote I am not a lawyer or even an insurance guru but when u do consult one I think you would be wise to be able to state with confidence how your bike got messed up. Maybe one of the people who aren't so sure they seen your bike being abused can be a little surer, which in turn will make u a little surer You can NEVER underestimate the importance of willing and compliant "witnesses". Quote Share this post Link to post Share on other sites
KJM 0 #9 April 9, 2013 Just file a claim with your insurance company and allow them to pursue it. They are quite experienced with dealing with other insurance companies and you will be surprised to see an insurance company actually work for your best interests Quote Share this post Link to post Share on other sites
FlyinBrother 0 #10 April 9, 2013 You're a lawyer - write 'em a letter and threaten to sue them! Quote Share this post Link to post Share on other sites
Phillbo 11 #11 April 10, 2013 How much is the damage? Might be less stress and hassle to either file an insurance claim or just fix it yourself depending on the amount. Quote Share this post Link to post Share on other sites
Krip 2 #12 April 10, 2013 Quote Quote I am not a lawyer or even an insurance guru but when u do consult one I think you would be wise to be able to state with confidence how your bike got messed up. Maybe one of the people who aren't so sure they seen your bike being abused can be a little surer, which in turn will make u a little surer You can NEVER underestimate the importance of willing and compliant "witnesses". Hi AJ You need to recover from surgery before you interview the witness and give them a hugOne Jump Wonder Quote Share this post Link to post Share on other sites
Nataly 38 #13 April 10, 2013 Quote How much is the damage? Might be less stress and hassle to either file an insurance claim or just fix it yourself depending on the amount. Believe me I would not go through the hassle if it wasn't properly damaged... It got knocked over with some force, it seems, and the whole right side paneling is cracked / damaged (the right front indicator is now firmly lodged *inside* my bike). All that plastic costs a lot - even second-hand... "There is no problem so bad you can't make it worse." - Chris Hadfield « Sors le martinet et flagelle toi indigne contrôleuse de gestion. » - my boss Quote Share this post Link to post Share on other sites
adagen 0 #14 April 10, 2013 Witnesses - always worth asking them to write down what they saw, and to sign it, rather than relying on memory and willingness some time after the event.Anne Quote Share this post Link to post Share on other sites
Heatmiser 0 #15 April 10, 2013 Talk. to. a. French. Lawyer. What you say is reflective of your knowledge...HOW ya say it is reflective of your experience. Airtwardo Someone's going to be spanked! Hopefully, it will be me. Skymama Quote Share this post Link to post Share on other sites
skymama 35 #16 April 10, 2013 Quote Talk. to. a. French. Lawyer. Seriously? I can't believe you think she'd get better advice from a French lawyer then dz.commers. We know everything! She is Da Man, and you better not mess with Da Man, because she will lay some keepdown on you faster than, well, really fast. ~Billvon Quote Share this post Link to post Share on other sites
Heatmiser 0 #17 April 10, 2013 What you say is reflective of your knowledge...HOW ya say it is reflective of your experience. Airtwardo Someone's going to be spanked! Hopefully, it will be me. Skymama Quote Share this post Link to post Share on other sites
ChrisD 0 #18 April 10, 2013 QuoteJust file a claim with your insurance company and allow them to pursue it. They are quite experienced with dealing with other insurance companies and you will be surprised to see an insurance company actually work for your best interests I have heard soo many horror stories of late concerning the conduct of insurance adjusters and claims staff, each and every one has had the same sad tale, and that is that they felt their insurance company has screwed them!!! They count on your ignorance and the fact that your not going to go thru a hassel with a lawyer, esp when these lawyers are getting 100's per hour! Ya they are quite experienced, but if you want and can afford your own counsel then this is a great way to make shure your interests are truly being looked out for. Insurance companies and the "voodo" finances that so many laws now allow the insurance companies to practice, ...well they are looking out for themselves, there used to be a day when you could trust an insurance company, but those days are long gone!!! They arn't one of the most profatable industries because their doing anyone any favors, but the public stereotype is that the goverment will protect the individual, with insurance companies it's the other way around! It pains me to speak with so many people that belive that their insurance company will protect them, but the sad reality is so far from this,....the big problem are the multitudes of stereotypes and personal held beliefs that these companies exploit and their draconian control of the media,...sad sign of the times :(But what do I know, "I only have one tandem jump." Quote Share this post Link to post Share on other sites
popsjumper 2 #19 April 11, 2013 Ten posts to vaguely make reference to... INSURANCE ADJUSTER BF...I'm disappointed. My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
floridadiver81 0 #20 April 11, 2013 When I had my CBR900RR I came out from the local mall to find my bike on its left side(luckily it wasn't the right side with the $700 dollar exhaust!). All of the left side fairings from the upper cowl to the tail fairing were cracked. Of course this happened before I installed frame sliders! I notified my insurance company at the time and they just filed the claim under a "hit and run" since it was obviously pushed over considering it was laying on the kick stand side. Considering I could sit on the bike with the kickstand down and it would be perfectly fine is evidence enough that it was done purposely. Have you tried talking to your insurance company first about it?"Age has absolutely nothing to do with knowledge, learning, respect, attitude, or personality." -yardhippie "Fight the air, and the air will kick your ass!!! "-Specialkaye Quote Share this post Link to post Share on other sites
