neighbor "inadvertently" gets burned by my exhaust?
#32
In the UK we get people (usually from Liverpool) trying these scams on all the time. I work in the insurance industry and we can spot them coming a mile off, unfortunately however insurers will pay out if it's a small amount because it's more expensive to fight it and they might not win.
The UK has a principle that means that you have to have been negligent for an action against you to succeed. Also the onus of proof usually lies with the claimant. I'm not sure where the onus of proof would lie with your legal system but it would be worth checking that out.
You have several strong points in your favour because you believe you can prove you hadn't ridden the bike at or just before the material time, that you covered it up at all times, that there is no evidence of a burn on the pipe (don't move, clean or use the bike until Progressive have inspected). The suggestion is either that she burnt herself on some other motorcycle and is mistakenly accusing you or it's a deliberate attempt to defraud an insurance company.
The UK has a principle that means that you have to have been negligent for an action against you to succeed. Also the onus of proof usually lies with the claimant. I'm not sure where the onus of proof would lie with your legal system but it would be worth checking that out.
You have several strong points in your favour because you believe you can prove you hadn't ridden the bike at or just before the material time, that you covered it up at all times, that there is no evidence of a burn on the pipe (don't move, clean or use the bike until Progressive have inspected). The suggestion is either that she burnt herself on some other motorcycle and is mistakenly accusing you or it's a deliberate attempt to defraud an insurance company.
#33
Sooner or later, I'm sure some do-gooder will decide that exhaust pipes must have a warning label prominently displayed ("HOT -- May Cause Injury or Death").
#34
Well, I don't have to pay a lawyer, so I'd tell them to "sue me" and keep all of the explanations for how I know she's lying to myself. If I can prove somebody is lying, I don't tell them until they commit - in your case she has put it in writing, so that might be good enough to explain to them why they are going to end up paying you if they take it to court.
#36
If you're covered by insurance I can almost guarantee that if she makes a claim they'll pay rather than litigate or investigate. Happens all the time.
Best bet is that it doesn't come under your insurance and she is forced to sue you in small claims. Least that way you'll get the opportunity to present a defense in court and she'll have to offer some other proof besides her say so.
Wife and I both have muffler tatoos and neither burn left any mark on the pipes that I could tell. Only takes an instant to get 2nd degree burns and no way you can pull away in time to avoid the damage. And it leaves a permanent scar.
Interesting question raised about the mall parking lot. I think if someone brushed against our pipes while walking past we'd probably be liable. And more so if we had aftermarket pipes on w/o heatshields. Guess we need to carry around a big sign "Warning hot pipes"
Best bet is that it doesn't come under your insurance and she is forced to sue you in small claims. Least that way you'll get the opportunity to present a defense in court and she'll have to offer some other proof besides her say so.
Wife and I both have muffler tatoos and neither burn left any mark on the pipes that I could tell. Only takes an instant to get 2nd degree burns and no way you can pull away in time to avoid the damage. And it leaves a permanent scar.
Interesting question raised about the mall parking lot. I think if someone brushed against our pipes while walking past we'd probably be liable. And more so if we had aftermarket pipes on w/o heatshields. Guess we need to carry around a big sign "Warning hot pipes"
#40
Last edited by VsTheWorld; 07-27-2010 at 11:49 AM.