HELP! Small Incident!

[Kriswithak]

Hey all, been a while since I started a thread (they are normally full of trajedy when I do anyway) but I had to stop lurking and put this up in the hopes someone might have a bit of advice etc!

So I was rushing to work over the weekend and filtered through to the front of a set of lights and clipped someones mirror, anyway, minor damage, tiny dent and a small crack in the plastic (everything else fine).
So I pulled over exchanged details, and basically said, the damage in minimal, should be an easy fix/replace only a few hundred dollars at most, and the guy agreed said he would get a quote and we went our merry ways.

Anyway, this was his old 95 Maxima (Nissan) 30g and I thought sweet :spank:, we have an understanding, he'll get the price and get back to me, I'll cough up the cash and its all good.
Anyway his initial quote was for $900 and he got two more quotes (after I demanded them), the cheapest of which is $760ish , but ALL the quotes are for a brand new mirror (priced at $600) and I have called a heap of wreckers who have them for $90-$110.
Now I've replied basically saying, that the replacement should be like for like, and that the expectation of a brand new mirror isn't reasonable.
From a legal perspective (Rumpole you might know this) do I have a leg to stand on making the request that he get a quote sourcing a second hand part? I've offered to get the part, and deliver it to his chosen repairer, but I get the feeling he wants to screw me for the cash.
He has tried to request that I pay him asap (2 weeks) but I'm going to reply to his next correspondence saying that if he gets the work done I will pay the repairer on completion. (so he can't just screw me for the money and not get it done).

So at this stage I have replied asking for a quote for the price on sourcing a second hand mirror (+ the actual labour and possible paint work required).
The mirrors I've sourced + the labour and paint from one of his chosen repairers (I rang and checked) is about $250 if I get them the mirror (including me buying the mirror), although obviously he has to agree.

Anyway turned my already crappy weekend, that started on friday night and finished at 10pm on sunday and basically incorporated about 28 hours of work, into a totally @$&% weekend! (And yes thats between two jobs so no overtime)

 

[OZXJR]

I feel your pain mate,same thing happened to me ,knocked the mirror off a 4wd .
Luckily the guy was fair and I only had to pay about $200 as he did not expect a brand new mirror for a 5 year old car.

Good luck with whatever you do with this.

 

[Kriswithak]

Thanks I appreciate it!
Got that annoying knotty feeling in my chest, from the anxiety of waiting to see what this guys response is, could be sorted really easily if he is decent, but its not leaning that way atm.

 

[Kazza]

My 2cents worth.

I feel your pain BUT if it was me that got hit (forget I ride a bike for a minute) I would argue that if it was an insurance company paying for repairs, it would be a new part that would be replaced. I wouldn't accept a 2nd hand part to replace my mirror. I don't know legally where you stand, since you were lane splitting. Is it legal in NSW? That may be a sticking point.

Anyway, good luck with it all.

Mikes opinion - you shouldn't have stopped. You should have ridden off into the sunset and break neck speed and never looked back:spank: I have a feeling Mike may have done this once, or twice or maybe more times

 

[turbid]

it s not a nice situation since most of the time the offended party tries to get more for what the damage is worth!

all i can say is what our insurance companies do here in malta, i ve had some quibbles with them. if the car is more than 5yrs old it is not entitled to get new parts. what we get here are good condition 2nd parts (oem) or new but not oem part (we call them imitation parts - which most of the times are crappy quality and never fit right).

hope this helps.

i think you stood up well for your miscalculation and that you offered to buy and spray the 2nd hand mirror. and yes pay on receipt of work or else give him the mirror plus the cash for the respray.

thats a brief insight of how it works here, im not familiar with your insurance and state laws so i think maybe you should inform yourself from your insurance brokers to see where you stand

 

[Circle]

Mikes opinion - you shouldn't have stopped. You should have ridden off into the sunset and break neck speed and never looked back:spank: I have a feeling Mike may have done this once, or twice or maybe more times

Last week I was changing lanes and the driver in front broke(braked?) suddenly. I clipped the back of the car and saw a fair bit of plastic fly into the air.
Oops! I pulled in front of the driver and motioned and indicated to pull over. I did but the other driver did not.

I had sore LH fingers and a 5 cent paint chip from the LH bar end.

Moral of the story: I don't know, but I do hope things work out for the best (But still a horrible feeling!):thumbup:
And you did do the right thing by pulling over - I don't know who you are Mike (or is it Mick? Is this one big game between you and Oz Kazza? Now I'm confused) but I'll keep an eye out for you!! (Even at break neck speed)

 

[Kriswithak]

Haha thanks everyone.

Well I talked to the mechanic my parents use, and they said for an older car insurance companies require that second hand parts are used to replace parts simply to keep costs down, or aftermarket but similar parts (which are cheaper) are used.
This guy wants same as OEM though, and finally emailed me back and agreed to allow me to organise a quote with the second hand part.
What you mentioned does sound fair turbid, to both parties too.

I was filtering as opposed to lane splitting, if I have the terminology right, (traffic was all stopped at a light) which isn't strictly illegal. It also meant I couldn't run a red light because of all the incoming traffic (was at a right turn).
I actually really don't filter or lane split at all, but I wanted food on this particular occasion.

I guess the moral of the story is that hurrying just helps bad things happen

(I have also been told I should have done a runner by everyone I know lol... )

 

[Rumpole of the Bailey]

Lane splitting or filtering is law breaking in your state but you already knew that.
Leaving the scene of an accident is law breaking.(you knew that and were smart enough not to do it!)
So far you havn't been charged with either. What you have is an understanding and a repair bill.
I would advise paying this guy what he wants as it appears you have admitted 'guilt'.
ask yourself this:
did this guy have a witness in the car with him?
did anyone else witness the accident?
WHAT HAVE I/WE LEARNT FROM THIS?

My favorite charity is The Salvation Army - you can put something in their tin for me.
Rumpos

 

[Kazza]

Last week I was changing lanes and the driver in front broke(braked?) suddenly. I clipped the back of the car and saw a fair bit of plastic fly into the air.
Oops! I pulled in front of the driver and motioned and indicated to pull over. I did but the other driver did not.

I had sore LH fingers and a 5 cent paint chip from the LH bar end.

Moral of the story: I don't know, but I do hope things work out for the best (But still a horrible feeling!):thumbup:
And you did do the right thing by pulling over - I don't know who you are Mike (or is it Mick? Is this one big game between you and Oz Kazza? Now I'm confused) but I'll keep an eye out for you!! (Even at break neck speed)

Hey Circle.

Mike is my husband. He's also known as "Prebstar" on this forum

 

[alanrim]

In UK it would be a new mirror, I would offer to buy him the secondhand one and a few quid for his trouble. It was entirely your fault.

 

[Hoshiko]

Insurance company will replace with new mirror, you don't want your insurance in here unless you like your policy to go up (not worth it)
I think it's better to don't handle cash to the guy, have him repair the mirror and then you pay the shop.

 

[Rumpole of the Bailey]

My 2cents worth.

I feel your pain BUT if it was me that got hit (forget I ride a bike for a minute) I would argue that if it was an insurance company paying for repairs, it would be a new part that would be replaced. I wouldn't accept a 2nd hand part to replace my mirror. I don't know legally where you stand, since you were lane splitting. Is it legal in NSW? That may be a sticking point.

Anyway, good luck with it all.

Mikes opinion - you shouldn't have stopped. You should have ridden off into the sunset and break neck speed and never looked back:spank: I have a feeling Mike may have done this once, or twice or maybe more times

This type of advice is both dangerous and ill informed.
It actually degrades a useful international forum.
'You should have ridden off'...... The person giving this advice deserves to be charged and arrested.

Quite often there are witnesses and remote CCTV footage of these small incidents.
I personally don't lane spilt or filter, however I don't often ride on roads where there are traffic lights. I actually find the practice offensive.

Lets raise the standard of our forum and not advise people to blatantly break a law (in this case NSW).
That, in itself, is a folly karen.

Rumpole

 

[Kriswithak]

My fault, and I agreed to pay damages, but as far as I know, no witness information was taken. (We pulled over, everyone else drove by).

I know its my fault, which is why I'm paying, just trying to not get ripped off at the same time. (I think taking responsibility is important - and I could just put this through my insurance, but then I would be paying a huge amount as an under 25 for my excess plus extra next year for the actual premium)

I normally can't be bothered filtering and I never lane split because I'm rarely in a hurry and even if I am I rather just take it easy on the bike. Lane splitting is also asking to die imo... moving cars only need to come across a few centimetres and your ....f......d

That being said I've never actually heard that filtering was explicitly illegal (lane splitting - yes), but then the issue seems to be hugely clouded with many different interpretations of the law.

I also try and stay within the law because I wouldn't like someone to smash my bike mirror and do a runner on me.

Anyway will let you all know how it goes! Appreciate all the advice!

 

[Kazza]

This type of advice is both dangerous and ill informed.
It actually degrades a useful international forum.
'You should have ridden off'...... The person giving this advice deserves to be charged and arrested.

Quite often there are witnesses and remote CCTV footage of these small incidents.
I personally don't lane spilt or filter, however I don't often ride on roads where there are traffic lights. I actually find the practice offensive.

Lets raise the standard of our forum and not advise people to blatantly break a law (in this case NSW).
That, in itself, is a folly karen.

Rumpole

Stop taking things so seriously!

I am a moderator here - I do happen to know the standard of this forum and the rules that go along with it. It was tongue in cheek. Heard of the Aussie sense of humour? Quite insulted by your post.

I don't lane split. I don't break the law. I also was not advising Kris to break the law.

Take a chill pill........

 

[ozzieboy]

My fault, and I agreed to pay damages, but as far as I know, no witness information was taken. (We pulled over, everyone else drove by).

I know its my fault, which is why I'm paying, just trying to not get ripped off at the same time. (I think taking responsibility is important - and I could just put this through my insurance, but then I would be paying a huge amount as an under 25 for my excess plus extra next year for the actual premium)

I normally can't be bothered filtering and I never lane split because I'm rarely in a hurry and even if I am I rather just take it easy on the bike. Lane splitting is also asking to die imo... moving cars only need to come across a few centimetres and your ....f......d

That being said I've never actually heard that filtering was explicitly illegal (lane splitting - yes), but then the issue seems to be hugely clouded with many different interpretations of the law.

I also try and stay within the law because I wouldn't like someone to smash my bike mirror and do a runner on me.

Anyway will let you all know how it goes! Appreciate all the advice!

When I filter, I actually prefer to go down the left hand side of the cars, as you don't need to ride down a white line, but instead are passing stationary vehicles on the left which is legal (although you are usually too close to them, which is not). But more often than not I don't bother with it at all, as I just couldn't be bothered even having a conversation with the police.

Good onya for doing the right thing.:thumbup: Hope it all gets sorted to everyone's satisfaction.

 

[Evitzee]

I lived in Melbourne for five years and never heard of this 'filtering' activity. Either you lane split or you don't. Anyway, you hit his vehicle and damaged it. You should pay up and not try to get out of it by paying for some old, 15 year old part instead of making him whole with a properly repaired vehicle. I wouldn't be satisfied if someone hit my 10 year old Subaru and offered to fix it with junk yard parts. No way. Just my opinion.

 

[Nobby]

My 2 bobs worth,if its to hard & you think your gettin ripped-off,let the insurance co deal with it.I once had a car change lanes on me then cut me off then when I passed him he hit the high-beam:rant:.The lights were red at the next intersection,I kicked the stand down,walked back to the car to see what the prob was,he quickly wound up his window & pretended not to hear me :rant:In pure rage I broke off his mirror waved it at him then smashed it on the ground,got on the bike & rode off(I am not proud of this )The cops contacted me a few days later & we made arrangements to replace the mirror($200)Like I said I'm not proud of this just had a brain snap :spank:

 

[Kriswithak]

Haha its easy to get angry with the stupid things people do Nobby, they don't seem to realise it may be a joke or funny to them, but it can be life threatening to us.
I've managed to contain my anger, but it can be really annoying at times.

Appreciate your response, if not your opinion Evitzee, like I've said I've always had second hand parts for my vehicles when other people have damaged them (which for my car has happened numerous times) and generally feel that if thats the insurer standard then it seems a fair standard. You are of course entitled to your opinion.

I mean if someone damaged by exhaust or levers, which I got for half the retail price thanks to sales/imports, I would like to think I'd stick to my morales and just ask for the price I paid, rather than expecting the rediculous aussie price of my exhaust (which was triple what I paid and I got mine new) or the normal pazzo lever price (double what I paid).
I guess it is a matter of perspective, and it varies so greatly between people it can be hard to find a middle ground.

 

[Circle]

Hey Circle.

Mike is my husband. He's also known as "Prebstar" on this forum

I knew this forum brought people together.
So who 'motorcycled' first eh?
(If you could talk to my wife and get her on a motorcycle, I'd be stoked!)

 

[Kriswithak]

I knew this forum brought people together.
So who 'motorcycled' first eh?
(If you could talk to my wife and get her on a motorcycle, I'd be stoked!)

Kazza could probably earn a living from forum members just doing that as a job (if it worked!)