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View Full Version : Kids playing, a broken motorbike, the law and insurance



cgollner
29th May 2008, 06:22 PM
Hi,

My daughter ( 5 yo) was playing with the neighbors daughter (7 yo) and in the course of playing a motorbike parked at the front of their property fell over and suffered damage ( broken indicator and mirror).

Only the kids playing and no one saw what happened and each child has there own version of the story.

Picture of bike.
http://img.skitch.com/20080529-k129d4pr725gmmyb53cxejcsbh.preview.jpg (http://skitch.com/tinman730/cqu6/dscn1477)
Click for full size (http://skitch.com/tinman730/cqu6/dscn1477) - Uploaded with plasq (http://plasq.com)'s Skitch (http://skitch.com)

My wife wants to keep things nice and neighborly and verbally agreed to chip in for the repairs. My stance is a case of what happens if things do not stay nice. The neighbor said that our half would be in the realms of $100.

I spoke to our insurance company just to get some idea of what our insurance will and will not cover and the end result of which is if things got nasty is that the owner would need to prove intent to damage and because my daughter is a minor would have a hard time recovering.

Obviously the owner will need to get some quotes for the repair which we will need to see to ensure that the quoted repairs are accurate and prices are reasonable.

So, as long as things stay nice I'd be happy to part with $100 and have them sign a receipt for the payment and be done with.

I'd like to get some idea of what you guys think especially if you have some experience in this situation.

Thanks,

Chris.

Kuma
29th May 2008, 06:33 PM
it aint worth it.. they are your neighbours.. your kid plays with their kid.. they have agreed to 100.. pay em and be done....

dont mess around with quotes and stuff.... its a motorcycle... you can find out yourself how much the parts are..... if you really want to....

messin around over 100 aint worth the pain and anguish over the future....

oh if you really want to... knock off your daughters pocket money... :D

toholio
29th May 2008, 07:01 PM
The neighbor said that our half would be in the realms of $100.

That's a low price to pay for good neighbours.

sunrisesister
29th May 2008, 07:03 PM
Just pay em. If this goes anywhere near a court, you will end up more out of pocket than you ever realised.

Pay the $100, and buy em a bottle of their fave poison. And maybe a sorry card from the kid :)

sunrisesister
29th May 2008, 07:05 PM
Oh, and I should point out that legally, as your daughter is a minor, there is little THEY can do legally. You cannot be held liable for her actions - but in this situation, a harmonious relationship with your neighbours is far more valuable.

ss

(a law student :))

kim jong il
29th May 2008, 07:11 PM
Just pay em. If this goes anywhere near a court, you will end up more out of pocket than you ever realised.

Pay the $100, and buy em a bottle of their fave poison. And maybe a sorry card from the kid :)
+1 (without a sorry from the kid as that is a virtual admission of liability)
Sounds to me like both of the kids are implicating the other. Just suck up the loss. $100 isn't the end of the world but neighbours that hold a grudge almost can be.

Geoff3DMN
29th May 2008, 07:14 PM
Bike repairs are expensive... $100 goes nowhere.

And having a neighbour carrying a grudge just isn't worth the hassle.

ilostmypassword
29th May 2008, 07:26 PM
Just be happy that the kids were not injured. Pay $100 and move on.

oddturtle
29th May 2008, 07:27 PM
Oh, and I should point out that legally, as your daughter is a minor, there is little THEY can do legally. You cannot be held liable for her actions - but in this situation, a harmonious relationship with your neighbours is far more valuable.

ss

(a law student :))

Yep, you don't have to anything legally. Vicarious liability doesn't extend to parent/child relationships and your daughter will be assessed at the negligent standard of care of 5 year old.
This is really low. In one case, (I think McHale v Watson) a 12 yr old boy threw a metal rod or something into a girl's eye by accident and he wasn't held liable. Maybe something to tell your daughter to make her feel better :)

cgollner
29th May 2008, 07:55 PM
Thats our thinking to that $100 is in the scheme of things a small price to pay to keeps things nice. I have to stop being so pesimistic.

tanguero
29th May 2008, 08:07 PM
Pay half of whatever the costs are.
The law is a whore and an ass and should never be used to indicate what the correct thing to do is.
Whether things stay nice with your neighbour or not is up to you.

Both your neighbour's kid and yours have (hopefully) learned that vehicles are not for playing.

If you have concerns that your neighbour might try to rip you off then ask for a copy of the invoice for your book-keeping records.

Sounds like you have been very lucky indeed, it could have been much worse.

Bastard Sheep
29th May 2008, 08:38 PM
A mirror for my '99 model CBR 600 cost me $120 after someone reversed over my parked bike and drove off. I'd assume the indicator cover and casing would be roughly in the same ballpark, but hope that is all it is. He doesn't have oggy knobs on it which is quite silly on his part and probably the biggest concern on yours.

Oggy knobs are basically things that look like skateboard wheels that you see on the side of some bikes. The whole point of them is so that if your bike gets knocked over the wheels, knobs and handlebars/mirrors hit the ground rather than your fairing. Fairings (if they're cracked) cost an arm, leg, and half an earlobe to replace.

Looks like a Hyosung which isn't exactly the most common brand in Australia either though their popularity is definitely picking up. Less popularity generally means more expensive parts as shipments are more sporadic. :/

Tiprya
29th May 2008, 08:51 PM
I'd be asking why he parks it on the street and not in the garage / round the back of the house

g5agogo
29th May 2008, 09:14 PM
Yes, pay the $100 and be done with it, but for %^@&$ sake tell them to park it on its centre stand. There's never been a bike that's inherently stable parked on its side stand in a gutter - and I've dropped plenty of 'em.

Geoff3DMN
29th May 2008, 09:22 PM
but for %^@&$ sake tell them to park it on its centre stand. There's never been a bike that's inherently stable parked on its side stand in a gutter - and I've dropped plenty of 'em.

Does the Hyosung GT650R actually have a centre stand? My bike does (it was one of the things I was looking for) because you're right... sidestands aren't safe.

You can get little sidestand foot stabilizers which help a bit, but they don't fix the problem.

Jaffa
29th May 2008, 09:42 PM
I agree with the many others, pay the $100 and have a good relationship with your neighbur - besides the repairs would cost more that double $100 anyway, so your actually getting the good end of the stick this time!

Currawong
29th May 2008, 11:58 PM
What everyone else said, just go round to their place with a $100 bill or whatever. Don't mention insurance and all that crap, you'll just ruin things and your future years living there screwing things up with your neighbour.

trudy
30th May 2008, 12:01 AM
Just be happy that the kids were not injured. Pay $100 and move on.

I totally agree with ILMP here - think about how nasty it could have been for either of the kids-
those things are heavy on soft little bones.
And I wouldn't spend time worrying about the different versions of the stories of what happened, or focussing on the 'truth' of the incident - it would have been a big shock, and adults also have very different memories of what happens in a shocking situation - different physical perspectives, different histories...

Jimbo
21st December 2008, 12:57 PM
I'd be more concerned as to why your neighbours let children play around a couple of hundred kilos of metal?

that said, i'd call him/her right now and say, "so did you say a hundred would cover it?" and then buy them a bottle fo booze too.

Jaffa
21st December 2008, 01:04 PM
I'd be more concerned as to why your neighbours let children play around a couple of hundred kilos of metal?

that said, i'd call him/her right now and say, "so did you say a hundred would cover it?" and then buy them a bottle fo booze too.

Lol for bringing up this older thread.

Btw cgollner, what ended up happening with this issue? Would be nice to know how it turned out.

Jimbo
21st December 2008, 01:13 PM
i figured it was still up in the air!

Lumus
24th December 2008, 11:10 PM
Go for the $100 and leave it at that. I backed into a car in a car park (the damn woman was sitting in her car when I did it... DAMN!). The bumper came off its clips on one side and I offered $200 to get a garage to put it back on. She agreed but went to her insurance company anyway and it ended up costing me nearly $2000 to fix an '89 Falcon. THE DAMN CAR WASN'T WORTH THAT MUCH!

melbmac
25th December 2008, 10:20 AM
Pay half the damages, buy a bottle and go have a chrissie drink with the neighbors, even if it is more than $100.