Damage report.

[alantf]

Oh well.............. It had to happen sooner or later!

Parked up this morning outside my daughter's house. Parked facing the kerb, a yard or more behind a car that was parked parallel to the kerb. There was plenty of room for the driver to pull away, round the car in front of him. Stupid me! I hadn't realised that the driver was an empty headed girly who needed three blocks to get her car out. She jumped in the car, & without even checking her mirror, shot back - straight into my bike. Over it went! Luckily a neighbour saw it & called me. Over here, if there's an accident, both parties have to fill in an accident report on the spot, so they cannot change their mind later, if they decide to gloss over the truth. As the neighbour saw it all, the girly couldn't wriggle out of it, & had to admit that it was her fault, so her insurance company will have to pay up.

The damage - Broken brake lever, bent & scratched bar-end block, dented engine protector, scratched exhaust (muffler), scratched luggage box, ignition key a bit stiff in ignition.

The guy at the bike shop is going to get in touch with the insurers on monday (they're closed today, saturday) then photograph the damage & order the parts. Hopefully the bike'll be shinier than it was before, when it's done.

[mrlmd1]

Maybe we need those flags on a stick like on bikes and golfcarts to help the bike be more visible to idiots like that when we park. If you don't notice the bike parked at the curb when you go out to your car, you may not see it over the rear trunk through the rear view mirror. Hopefully you'll get it back like new and pretty quickly.

[mrlmd1]

And be thankful to the neighbor who saw it, because the driver was probably oblivious or may have run away from the scene if she did realize what she did.

[Water Warrior 2]

If the ignition key is a bit stiff there might have been damage to the steering lock mechanism. Have the shop check it out.

[alantf]

If the ignition key is a bit stiff there might have been damage to the steering lock mechanism. Have the shop check it out.

Yes, that's what I thought. I mentioned it to the bike shop guy, & he's going to check it when he does the repairs.

[patrick_777]

Also be sure to have him check that the forks are not bent.

[mrlmd1]

After you add up the cost of all those repairs, and the value of your trade-in, maybe you can tell her just to buy you a new bike to pay for her stupidity.

[adrianinflorida]

Check for more than just the cosmetic stuff (i.e. bent rims, fork, axles).

Thank goodness for the engine guards, huh?

[alantf]

update # 1.

Parked outside the bikeshop this morning (amongst all the other parked bikes) while I went across the street to buy my lottery tickets. The bike shop guy spotted me & said to come in tomorrow morning so he could take the photos for the insurers. (then repairs next week, but this is Spain, so I'll have to take the "mañana" factor into account!)

Thought I'd better go for a long(ish) ride, to see if I could feel any problems with the bike. Did about a 60 km ride along the autopista to Ikea ( side issue - went for a cheapo wall clock for my workshop. Got a "made in China" for 1.75 euros ($2?)) (Ikea is a Scandinavian shop, don't know if you have them in America) Bike behaved perfectly - cruising at about 65 mph with occasional bursts of 75+(120 km/hr+) when passing traffic (yes, the Spanish model IS faster than the American version) Couldn't feel anything different.

All in all, I really think that it's all cosmetic, but I'll still let the guy check. Who knows what he'll "find"(if you get my drift, with the insurance paying)

[alanmcorcoran]

We have Ikea. My experience is, you buy the most expensive crap they have unless you are only planning to decorate a set. If you weigh more than 160 pounds, shop elsewhere.

Good luck with your bike repairs. Glad it's not serious.

[alantf]

Yes, I totally agree about Ikea. I always say "I've never seen so much crap in one place, at one time", & a $2 clock backs this up. Still, it was somewhere to go for a ride. There's not many places on this island. Because of the volcano, slap bang in the centre, the only change from going round the island clockwise is to go round anticlockwise. - gets a bit boring.

[5th_bike]

Hold on, IKEA does give you 12 months of warranty on their furniture.
However after that time period, they auto-desintegrate and are only good for the dump.

More than twenty years ago in The Netherlands, I once made a poem about the IKEA warranty and quality:

"Na een jaar [After a year..]
zakt het in elkaar [..it collapses]
Na 12 keer volle maan [After 12 full moons...]
is het er wel mee gedaan [it's over and done with]
Na 52 weken [After 52 weeks..]
is het er wel mee bekeken [it's at its end]
Na 365 dagen [After 365 days..]
kun je het naar de vuilnisbelt dragen [you will carry it to the county dump]
"

[alantf]

Called into the bike shop yesterday, to see how things were progressing. Could hardly believe it when the guy told me that he was still waiting for the go ahead. Apparently the girl's insurers are stalling. They're saying that the repairs are too expensive! I've seen the bill that the bike shop guy's prepared for them - all it contains is the price of the parts plus 3 hour's labour at 21 euros an hour (63 euros - around $80) I just think they're trying to drag things out, but he phoned my insurance company while I was in the shop, & told me to come back in on monday & see what had happened in the meantime. I'm totally pissed off by the way the insurance companies try every means they can to avoid paying out on legitimate claims.

[mrlmd1]

Can you sue the woman directly in a court over there? That usually gets them to put serious pressure on the insurance company to settle your claim for her stupidity.

[alantf]

Can you sue the woman directly in a court over there?

Dunno ..... I'll have to look into that if they keep giving me the run around. I don't think I ever heard of that in England, either. It was always left up to the insurance companies to fight it out.

[alantf]

Called into the bike shop yesterday, I've seen the bill that the bike shop guy's prepared for them

Forgot to add - The total bill's 582 euros (around $750) Thats for :- brake lever, bar end, engine guard, muffler, luggage box, respray front fender, lock for brake disc, & labour.

[Water Warrior 2]

Maybe suggest renting a bike for transportation(you have none now) and the insurance company can pay the bill until your bike is fixed.

[Easy Rider]

Maybe suggest renting a bike for transportation(you have none now) and the insurance company can pay the bill until your bike is fixed.

Good idea but if neither of the policys include rental car coverage..............
I was going to ask if there is any government body entrusted to regulate/over-see the insurance carriers? If so, contact them.

Sounds like they WILL jerk you around as long as you let them get away with it.

[alanmcorcoran]

Here is the way the law works in most states in the US: strictly speaking, the amount of a settlement is not solely up to the insurance companies to decide - it could be up to you (and your lawyer) and a court. Technically, in civil court, you can sue the person that hit you for whatever you think you are entitled to. They would have to defend themselves or hire a lawyer. A judge or jury would decide the damages and you'd get a judgment. If the person had insurance, the insurance may or may not cover the judgment. If it was more than their coverage allowed, you could, if they had any seizable assets, collect money beyond the value of their policy. (They could also sue their insurance company if they thought they were entitled to better coverage.) (They could, at some cost to them, appeal the settlement and delay you from being able to collect, for a very long time.) You could also possibly collect money from YOUR insurance company as well as theirs if they were underinsured and you had coverage for that. You could also sue the manufacturer of their car, the bartender that sold them a drink, the state highway commission that designed the road or anyone else you think you could blame, even partially, for the accident. I have seen many cases where a drunk driver killed a person making a call in a phone booth and both the driver and the phone company were sued, sometimes successfully, and the phone company, even though they were least at fault, had to pay the entire settlement (cause the driver was indigent.)

In reality, most people let the insurance companies duke it out and settle the claims because they either can't afford or be bothered with lawyers or the person that hit them has no assets (and therefore, no lawyer would take the case.)

Be aware, if you kill someone doing something negligent with your bike, and you have a $15K policy and $100,000 in the bank, your $100K could easily be lost, despite your being insured.

Alan, unfortunately, I don't know anything about how it works in Tenerife. (I'd start bitching though if I were you.)

[alantf]

Update #2

Good news ...... Called into the bike shop today. Apparently my insurance company sent the photos/details to a "perito" (never heard the word before, so looked it up when I got home, & it translates to "technician") The bike shop guy phoned him while I was there (I know! - don't ask me why he didn't do it before) & he agreed that the repair costs were reasonable, so the girl's insurers have to abide by his ruling. They're ordering the parts today (or, more likely, mañana!)
so they should be here next week.

Perhaps jaime might have a more detailed translation of "perito", 'cos it sounds to me as if he's more than we understand by the word "technician"

[adrianinflorida]

Update #2

Good news ...... Called into the bike shop today. Apparently my insurance company sent the photos/details to a "perito" (never heard the word before, so looked it up when I got home, & it translates to "technician") The bike shop guy phoned him while I was there (I know! - don't ask me why he didn't do it before) & he agreed that the repair costs were reasonable, so the girl's insurers have to abide by his ruling. They're ordering the parts today (or, more likely, mañana!)
so they should be here next week.

Perhaps jaime might have a more detailed translation of "perito", 'cos it sounds to me as if he's more than we understand by the word "technician"
Sounds like an insurance adjuster with bike experience to determine if hte repairs are consistent and 'in line' with the damage caused by the accident. Anyway, good deal, glad the end is in sight.

[alantf]

Update # 2.

Finally,things are moving! When the bikeshop guy said "next week" he forgot that it would throw it into Easter week, when all the big suppliers etc. would be shut. Anyway he told me to come in last Thursday. Unfortunately, with typical Spanish efficiency, they didn't arrive,so he asked me to come in on Friday (yesterday). Much joy! they'd arrived. Called in this morning to pick the bike up, and they'd fitted a new brake lever, bar end, exhaust (muffler) & also a new mirror that wasn't on the original list. Unfortunately (again, with Spanish efficiency) they'd sent the wrong engine guard & the wrong luggage box. He's left the engine guard off the bike so that he can check for correctness when the new one arrives, so I hope the bike doesn't go over in the meantime. He says to go in next Wednesday or Thursday, but I suppose that means Friday at the earliest. Still, I'm pleased with the shiny new bits that he's fitted.

Update # 2.

Finally,things are moving! When the bikeshop guy said "next week" he forgot that it would throw it into Easter week, when all the big suppliers etc. would be shut. Anyway he told me to come in last Thursday. Unfortunately, with typical Spanish efficiency, they didn't arrive,so he asked me to come in on Friday (yesterday). Much joy! they'd arrived. Called in this morning to pick the bike up, and they'd fitted a new brake lever, bar end, exhaust (muffler) & also a new mirror that wasn't on the original list. Unfortunately (again, with Spanish efficiency) they'd sent the wrong engine guard & the wrong luggage box. He's left the engine guard off the bike so that he can check for correctness when the new one arrives, so I hope the bike doesn't go over in the meantime. He says to go in next Wednesday or Thursday, but I suppose that means Friday at the earliest. Still, I'm pleased with the shiny new bits that he's fitted.

So are you back in the saddle, or do you have to wait even longer before you can ride again? I"m glad things seem to be working out now, but it's been a long time to be off your bike.

Keith

[alantf]

No, I've been riding all the time. The only thing other than cosmetic was the broken brake lever, & that was snapped off right next to the ball on the end, so I still had enough lever left to use. I was just pissed off at the early stage, with the insurers trying to wriggle out of repairing it.
The main problem over here is that everything is taken at such a leisurely pace that you've got to weave the "mañana" factor into EVERYTHING.

[alantf]

Update #3

Finally got the bike fixed. Everything is sparkly & NEW.

Found out that the engine guard they sent last week was for a gz125. The difference was the two plates that hold the bottom edge to the bike frame were shorter, & at a different angle. I'd have thought they'd be the same for the 125 & the 250, but obviously not. Must be something to do with the 125 only having one exhaust down pipe.