Who do you think sh...
 

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[Closed] Who do you think should pay?...

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 mco1
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I picked my brother in law up yesterday morning for a 2 hour drive to llandegla. I'd already out my bike on the roof and he then fitted his. Both bikes were on Thule 591 carriers. As we arrived to llandegla we drove up the entrance which is a rough road when his bike fell off hitting the car and denting the A pillar in 2 places, denting the b pillar and scratching the rear side window. He seems to be of the opinion that it was unlucky!
Who do you think should pay to repair the damage?
The car is a 2012 fiesta Zetec S that is immaculate! Or was!


 
Posted : 15/02/2015 1:22 pm
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Insurance


 
Posted : 15/02/2015 1:23 pm
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Simon Le Bon


 
Posted : 15/02/2015 1:24 pm
 mco1
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And I take the hit on my premium I'm going up?


 
Posted : 15/02/2015 1:24 pm
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Family .. Suck it up it's an accident..

Insurance maybe ?


 
Posted : 15/02/2015 1:24 pm
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Either insurance or share costs or spend the next 20 years not talking to each over a minor repair ??


 
Posted : 15/02/2015 1:24 pm
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Cars pick up dings, don't worry about. Problem solved.


 
Posted : 15/02/2015 1:26 pm
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You were the driver, it is your responsibility to ensure the load (bike) was secure.

Either suck it up or get the insurance to pay


 
Posted : 15/02/2015 1:28 pm
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Why do these scratches need repaired? What will happen if you just ignore them?


 
Posted : 15/02/2015 1:31 pm
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Take the swine to court!

I cannot actually believe you even posted this question. Cars are objects. Metal boxes to get you from a to b. Insurance if it bothers you. Don't let a trivial issue ruin a relationship. It's just not worth it (been there done that and now great friends)


 
Posted : 15/02/2015 1:33 pm
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Put it down to experience. As the driver you were responsible for the bikes being secure.Just be thankful they didn't bounce off & hit someone else.
I never put bikes on the outside of the car,for the piece of mind it gives I'd rather put up with the faff of taking off the wheels & put them inside the car.


 
Posted : 15/02/2015 1:36 pm
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From my days of lorry driving I was told by many a angry transport manager after a load had caused chaos in the back of the truck...

"it's the drivers responsibility to make sure the load is secure, regardless of who loaded it."

Make of that what you will but does it really need to be repaired.? Tiz but a [s]scratch[/s] car.


 
Posted : 15/02/2015 1:39 pm
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You were the driver, it is your responsibility to ensure the load (bike) was secure.

This. If he loaded it he's to blame obviously, but I can't envisage a scenario where I'd let someone else fasten something to the roof of my car without checking it myself.

Anyway. Insurance.


 
Posted : 15/02/2015 1:39 pm
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is the correct answer "wgaf its a fiesta"


 
Posted : 15/02/2015 1:40 pm
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It's Thatchers fault!!! Obviously!!


 
Posted : 15/02/2015 1:42 pm
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I never put bikes on the outside of the car,for the piece of mind it gives I'd rather put up with the faff of taking off the wheels & put them inside the car.

The few times I've used my tailgate mounted rack I've spent the whole journey checking my rear view every few seconds in a state of mild paranoia. Wheels off, back seats down every time now.

Probably best to just suck it up OP or ruin a relationship. It's also very liberating to have a car that isn't immaculate. Somebody dented the wing on mine a few months back and I was mildy irritated for an hour or 2 - no sleep lost.


 
Posted : 15/02/2015 1:44 pm
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This. If he loaded it he's to blame obviously, but I can't envisage a scenario where I'd let someone else fasten something to the roof of my car without checking it myself.

Having seen several Thule racks not sure how it can be done wrong either.


 
Posted : 15/02/2015 1:44 pm
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The load is your responsibility I'm afraid.

However, I'd also be a bit pissed off that he hadn't offered to help out financially with the repair. If he's not offering, there's prob not much you can do I suppose. Bit unfortunate really.


 
Posted : 15/02/2015 1:46 pm
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If I had fastened my bike to a mates car and it came off because I had fastened it badly I would feel responsible and offer to pay . If a binding or the rack failed I would not . If this happened to me or my mates I can't see it would be an issue . Cars are tools to get from a to b you expect them to get scuffed and dinted in the process especially if you are going mountain biking.


 
Posted : 15/02/2015 1:47 pm
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You were the driver, it is your responsibility to ensure the load (bike) was secure.

this and

Why do these scratches need repaired? What will happen if you just ignore them?

this

Was the bike ok?


 
Posted : 15/02/2015 1:49 pm
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If I was him I'd have offered to help pay. But only because I'm lovely, not because of any obligation because if you want to point a finger of blame it's going to point at you. Sorry!

(I don't often use my racks, because I have a proper man car, but when I do or if I use anyone else's the correct process is- bike owner loads bike, car/rack owner checks fitting, partly because that way it should be right and partly because it avoids any blamepointing)


 
Posted : 15/02/2015 1:53 pm
 AD
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Realistically insurance but it would be nice for BIL to cover the excess or make at least make a contribution. Not ideal but at least it didn't fall off on the road and cause an accident earlier - you really would have been responsible under those circumstances.
FWIW if my bike had caused the damage I'd pay for it but I'm not your BIL and don't know his personal circumstances - only you know if he could afford to pay anything. Presumably you do like him?


 
Posted : 15/02/2015 2:00 pm
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If it had come off on the road and caused an accident, which one of you do you think would be held responsible?

Having said that, if it had been my bike and I'd loaded it incorrectly then I'd have offered to pay for the damage.


 
Posted : 15/02/2015 2:01 pm
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[img] [/img]


 
Posted : 15/02/2015 2:02 pm
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Can I suggest it was lucky a child's face wasn't damaged?


 
Posted : 15/02/2015 2:10 pm
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He's right, it was unlucky. Now he should at least offer to pay. His bike fell off, and you were presumably doing him a favour by driving.

The "it's just a car comments" are no doubt the key to a happy and stress-free life but it would still annoy the hell out of me anyway.


 
Posted : 15/02/2015 2:30 pm
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He's right, it was unlucky. Now he should at least offer to pay [b]half or get the Ins company to cover it[/b]. His bike fell off, and you were presumably doing him a favour by driving [b]too fast for the road conditions with a load on the roof[/b]


 
Posted : 15/02/2015 2:34 pm
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Or let it slide but make sure you use it during and "my family this, your family that" arguments that may crop up with the wife in the future.


 
Posted : 15/02/2015 2:42 pm
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Why did it fall off ? It's family so I would expect it to be sorted out without having to resort to the letter of the law . If you were driving too fast or if it was your rack that has somehow failed I would expect you to sort out any damage to your car and his bike . If he fitted the bike incorrectly then I would expect him to sort out the damage .


 
Posted : 15/02/2015 3:13 pm
 br
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Been there and done it. My car and my kids had secured the bike, or not. Just didn't let them do it again.

Didn't bother with any claiming, couple of scratches/dints that I forgot about.

But, more importantly, did he buy lunch as (part) compensation?


 
Posted : 15/02/2015 3:28 pm
 pk13
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More importantly how is the bike


 
Posted : 15/02/2015 3:32 pm
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I put the 591s on so the arms are outermost. If the wheels stay strapped then the worst that can happen is that it falls on to the other bike. Oh and I do up the frame clamps, tight.


 
Posted : 15/02/2015 3:39 pm
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You should defo get all shitty about it and never talk to him again. Maybe bad mouth him to the rest of your family, maybe your sister can divorce him? Wee in shoes? Own with bombers? 🙄
Or suck it up buttercup. Claim on insurance and get on with your life. what would you do if it was your bike? The fact it was his is academic. You should have checked it was on ok. If I was him I'd be pissed you're shitty rack didn't hold my bike on properly. 😆


 
Posted : 15/02/2015 3:40 pm
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Why can't the op shag his BiL's wife (or husband-this is the 21st century after all). At least it he did that it'd all be kept in the family


 
Posted : 15/02/2015 4:10 pm
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Strictly you, but ****t if BIL doesn't offer to pay. Wouldn't ride or give him a lift with that attitude.

Bad luck, hope the cost isn't too high.


 
Posted : 15/02/2015 4:14 pm
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Binners. Binners should pay in spades.

Correct answer in this scenario is 50 - 50 , and make sure you get the best quote available , even if this means 3 or 4 bodyshops. IMO , otherwise Binners .


 
Posted : 15/02/2015 4:21 pm
 iolo
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There's a lot of strange people on STW.
To even ask such a question would mean the OP is in this camp.
Was any there any intent to cause damage to your car? if not your insurance will deal with it.


 
Posted : 15/02/2015 4:43 pm
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driver's responsibility


 
Posted : 15/02/2015 4:54 pm
 Drac
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You, you're car, you're responsible for the load and it's your insurance.


 
Posted : 15/02/2015 4:57 pm
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Act of Dog.

Woof.

Driver should have checked as well but we make mistakes too.
BIL should have put the bike up properly but $hit happens - that's why we buy insurance!

Well my car was written off and the premium went up by £20 so you might be lucky.


 
Posted : 15/02/2015 5:00 pm
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This going as you'd hoped op?


 
Posted : 15/02/2015 5:03 pm
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yunki - Member
Simon Le Bon

Yep.
He must be loaded.
He'd not even notice how much it cost.
Bung a bit more on top as a punishment for all that shit music he inflicted on people too.


 
Posted : 15/02/2015 5:04 pm
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A55 a few years ago, car passed me with bikes hanging off the back, straps obviously loose, tried flashjing lights at the driver, he wasnt looking, a mile up road on Holywell hill the traffic stopped dead, llgv accross both lanes small gap to squeeze through, bikes had fallen off car lgv had hit them and crushed them then got a puncture ad a pedal had gone through tyre.

Result a lot of unhappy motorists late, a damaged truck, 2 damaged bbikes and a large fine for the driver, and the police randomly stopping car carrying bikes for a few months after.

Now heres a tip, get a steel cable lock, fix through frame and then under roof bars and lock, if bikes come loose they just hit vehicle and not endanger any other road user.


 
Posted : 15/02/2015 5:07 pm
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There's only one way to settle this...

[img] [/img]


 
Posted : 15/02/2015 5:07 pm

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