a legal hypothesis...

[gypseyman]

This hasn't happened yet, but I've been wondering where I would be left legally if it were to go down... Any thoughts on this would be most welcome.

Due to the severity of the slope on the road where I live, I park my bike on the pavement. Chained to a pole. It faces up the hill and is therefore parallel to the other parked cars in the street, about 1/2m away from the kerb.

And just recently, the street has been pestered by some young punks who consider it a laugh to break the occasional car window, grafitti leccy boxes, etc.

Now that you've got the picture, here's my dilemma:

What if they (or anybody else, for that matter) were to push my bike over at some stage and it damaged the car it was parked next to? Would I be held liable?

I haven't consulted anybody on this yet - you guys are the first. Just curious really.

And I hope I haven't tempted FATE..!!! ;)

Cheers.

Gyp.

[sohailm6]

As far as I know I would say YES, where are you located because if it's regarding U.K I can get the info from a friend who works in insurance.

sohailm6

[gypseyman]

That's a mighty kind gesture of yours, m8ee - thanks very much! :xbthumb:

I'm in the UK's insurance hell-hole... London! :D :D :D

(Erm... just popping out for a sec... to move my bike!!!)

Actually, now that I've given it a little more thought, if you do manage to get your friends advice on this, perhaps he might care to expand a little on the theory in general.

What if any one of us were to find our bike had been pushed over (in any location), causing subsequent damage to a vehicle or other property..? Providing the bike had been parked LEGALLY (a tenuous argument for my current position, I tend to accept... ;) ) and had nothing mechanically wrong with it (ie. dodgy kick-stand), can one be held liable for 3rd-party damages?

I'd be most interested to hear the insurer's position on this one!

Ta.

Gyp.

[sohailm6]

Hi M8

O.k I have had a quick chat with him and the basic answer is YES you are liable regardless of location of your vehicle. Now if your bike is parked improperly the insurance company will do there best not to had over any money, otherwise if your bike is parked properly then they will cover damages 3rd party.

He has not experienced any claims involving a motor bike, but the closest comparison was an accident that occured at 3am in morning. In the middle of the night a car hit another parked car which caused a domino effect withe the parked cars and a few cars where damaged. Now although the cars where parked and not at fault the insurers of the parked cars had to cover damages caused by their insured cars.

e.g CAR-A hit CAR-B hit CAR-C

now even thought CAR-B and CAR-C were parked CAR-B's insurers had to cover cost for damage to CAR-C

Hope that makes things clear, and I guess that's why you can't park an un-insured car on the street.

Sohailm6

[gypseyman]

Many thanks for clearing that up, m8 - kinda what I suspected..! :xthumb:

Bike is still on the pavement. But today, I saw a Rolls parked next to it!!! (Dunno where the RR came from - NOT mine..!) ;)

Gonna secure it in the street from now on... :eek: :rolleyes:

[Ciccio]

Nahh m8,

Do what Thor of the Asgard in the Seti forum does. He puts his R1 in his front room when he's not riding it. There you go. Problem solved :D

[MrP]

depends if you still want a partner left!!!

toodles :xsofa:

[gypseyman]

Erm... and it's hardly going to ATTRACT one, either..! :rolleyes:

"Hey hon', mind if I give it a quick tune-up during Neighbours..?"

:D :D :D