Should I insist on full payment for damaged bike?

[ikke]

Looking to sample some opinions.

I recently took a dive over a car bonnet on my way back from work. Elderly driver pulled out in front of me leaving me nowhere to go. Other than some nasty bruising and mild tenderness in my side I'm not aware (yet) of having suffered any injuries. All in all it could have been a lot worse.

The driver admitted full responsibility, was very apologetic and drove me home. He didn't want to make an insurance claim so promised to pay for any bike repairs in full, which seemed reasonable to me. This was for new front brakes, front wheel, bar ends and some labour. I sent him the invoice last week.

The gentleman is in his late seventies or early eighties, clearly far from wealthy and is having trouble making the payment. He's sent me 40% of the repair bill and is promising to send the rest when his state pension is paid in April.

I'm by no means minted but probably need the money less than he does.

Should I return this cheque, waive the remainder, or should I expect full payment as a point of principle?

I know which side I'm veering towards but would be interested in your collective takes on this one.

Thanks

John

 

[SteelUn]

Setting aside the money issue for the time being, since you have first hand experience so to speak, in your opinion is he fit to drive without causing danger to himself and others? Drivers aged 70+ need a GP certification every 3 years for license to be renewed.

 

[numbnuts]

if it were me I would wait until the next payment, why should you loose out

Other than some nasty bruising and mild tenderness in my side I'm not aware (yet) of having suffered any injuries

you were injured, so really this should have been reported to the police

 

[corshamjim]

That's a real tough one to call. Logic tells me that anyone driving (or cycling for that matter) should be sufficiently insured to be able to take full responsibility for any accidents they cause, however if this chap is genuine and you can afford to be nice to him then why not?

I had a similar incident (but car-related) some years ago where someone smashed my light cluster. The poor girl had borrowed her parents car which was also a bit damaged so had plenty to worry about already. I bought the part, fitted it myself and that way only charged her for the parts but not any labour.

Drifting completely off the original scenario now .. I do wish everyone would drive inexpensive cars and ride inexpensive bikes. It strikes me as somehow iniquitous that the rich with their expensive vehicles are effectively pricing the poor off the roads by making everyday accidents so outrageously expensive to resolve. Things like metallic painted electrically heated and operated wing mirrors for example must be getting knocked off all the time but usually cost an absolute bomb to replace. It's no wonder so many people drive off without leaving details these days.

(oops, sorry to hijack this thread for my pet rant!)

 

[yello]

I admire you for trying to do the 'right thing'. I would to, I'm daft enough to send the cheque back with a note saying 'you need it more than I, be careful next time'...

But, is it the right thing to do? I hate to say it but maybe you should be reporting it to the police, saying you don't want to press charges or anything, but the next person the old fellow pulls out on may not be as lucky as you were.

 

[GrumpyGregry]

If you don't want the money give it away to a suitable charity. My worry would be that he may not have any insurance.

 

[iAmiAdam]

Bit funny that he didn't want you to claim on insurance.

I know what I'd do and I'd be veering on the same side as you I believe.

 

[biggs682]

if you were ok not injured apart from pride , ask other party to repair bike for you to the quality you accept

 

[ikke]

Thanks for your thoughts, everyone.

To clarify, I did report the incident to the rozzers for the reasons some of you proposed. I'd feel pretty wretched if he did it someone else...even worse if he did it to me again.

As to whether or not he's fit to drive and has insurance, I don't know. I was pretty nervous as he drove me home, convinced that he was going to plough into all and sundry, but I was pretty shaken up at that point so probably not in a good state to judge. I find it hard to believe he didn't see my monstrous front light which regularly has other drivers flashing me in complaint, but then I suppose that's partly what defines a good smidsy.

I'll leave that side of it up to the police. I would think that if they do check him out and he's covered they'll do no more about it.

Anyway, thanks again. I'll sleep on it. First time back on the bike tomorrow so we'll get that out of the way first.

Cheers

John

 

[addictfreak]

Sorry no room for sentiment in my book.

He hit you plan and simple, I would have claimed on his insurance (thats what its for). You have the right to have the bike fully repaired (or replaced depending on damage), you also have the right to compensation for your injuries.

My mate was hit in similar circumstances back in October, although his injuries seem more serious (he was off work for 3 months). All reported to the police, elderly female driver. Claim on going. I believe the driver was cautioned and excepted a place on a drivers awareness course.

 

[marinyork]

It's up to you. The problem with these sort of cases and even through insurance is that people often change their minds which is why insurance is a good system. I'm not suggesting the gentlemen has changed his mind but if you believe him I don't see why not go along with waiting till April.

 

[Jezston]

If he didn't want to go insurance route, but is struggling to pay it suggests he's either got no insurance or is a chancer.

Just because someone is old doesn't preclude them from being a sneaky little bastard.

 

[DuncanBeaumont]

Drivers aged 70+ need a GP certification every 3 years for license to be renewed.

 

[DuncanBeaumont]

Not so. Untrue. Incorrect.

When you get to 70, it is a self-certification process.

 

[TVC]

There's always a reason why someone doesn't want to go to the insurance. Similarly it should have been reported to the police, drop into your local cop shop and chat to them about it, they may choose not to pursue it, but they can check that everything is in order with his licence and insurance.