A few days ago, I took my Suzuki GSX-R1000 to my local dealer to have some work done. I was having a new shock fitted and the suspension set up properly for my weight, etc. I dropped the bike off, as arranged, and gave my keys to the dealer. The plan was they were having it for a week or two whilst they did the work. My wife kindly picked me up and we headed home. So far, so good… Three days later the dealer called me and said an old lady driving a Toyota Yaris had reversed into my bike whilst it was standing on their forecourt and knocked it over. I went back and saw the bike had a damaged fairing, exhaust and clip-ons. The dealer had the details of the old lady who had reversed into my bike and said it was down to me to claim off my own fully comprehensive insurance or claim directly against the old lady.
Whilst angry, I managed to keep calm and told him I completely disagreed. In no uncertain terms, I said that as the bike was in their care and control it was down to them as the dealer to sort it out. I also said the work I had originally asked them to do would have to wait until the repairs were done. The dealer was not happy but has since told their own insurer to pursue the old lady and said they would fix the damage to my bike in the meantime. In the circumstances do I have to tell my own insurer? I don’t want to risk my no claims bonus. Lastly, the dealer said I must have the work I originally booked in done, because I specifically got him to order in the shock and suspension parts, etc, and these cannot be returned. I did agree to have the work and parts verbally, but it is not in writing.
Answer
Firstly, you are correct in that as your bike was in the dealer’s care, they ‘prima facie’ have a duty to fix any damage sustained to it during this period, even if it was caused by the old lady reversing into it. Further, it follows the dealer, or his insurer can pursue the lady for their losses afterwards. This is their problem, not yours. As for your question ‘in the circumstances do I have to tell my own insurer?’ I suspect the answer is yes.
You need to check your insurance policy as it is usual that you have to report all accidents, and failure to do so will be in breach of the terms. Breaching the terms of the policy could result in invalidating the policy, even if you are not claiming. You should note that if you are not claiming off your policy (because the dealer is fixing the damage) your no claims bonus will not be affected. With regards to the work and parts you had agreed to have, I am of the opinion you should proceed with that because it was verbally agreed and still be legally binding.
Andrew ‘Chef’ Prendergast
More Bikes – April 2025