Hello Everyone!

My bike got damaged last night at the parking lot of Robinsons mall fairview. The guard who saw what happened told me that the pizza hut delivery bike fell because of the strong wind, causing a "domino effect" on the bikes. we talked to the manager of pizza hut and he said it wasn't their fault. who should be held liable for the damage on my bike, pizza hut, rob mall or the god damn typhoon?

...my bikes the only one that got damaged because it was at the very end of the "domino" and hit the edge of a wall.


TIA

Force Majure ... Act of God... no one to really blame unless you want to sue the Catholic Church... :rolleyes:

....oh man, i hope i'm not being punished for my sins...:(

damn sorry to hear that man... i guess just bad luck :( charge it to experience i guess. next time be cautious when lookin for a parking space (i know we can't be to sure of everything), and probly pray to God for forgiveness i guess :)

Mark .. good thing you have had the idea what did it .....
I parked mine on a school parking lot .... the guard saw five college students PUNCHED my scooter's front panel resulting a crack just beside the headlight.
Tha guard even added that the students might have been annoyed by the alarm when they accidentally bumped into it.
Ironically, the guard haven't recognized the students since its 80 meters away ..... DAW.
When i got home, i discovered more cracks on the rightside of the handlebar and undr it. It costs me around 1,200 for all the repair for fibering Jobs. :)

In your case ..... hmmmm .... i gues no one's to be blamed even yourself.
I got a short story .....
My computer shop front door has a wide glass sliding door, my shop's entrance is four meters fronting the main road, I heard a loud TAK noise and just had the horrible sight of a big spreading glass crack on the door(the glass costs around 1,500). I thought about it blaming the jeepney that ran over the stones with the approximate size of an eyeball, the road is full of litle rocks scattered around since its under repair and left undone. I consulted my lawyer uncle and adviced me that I can't blame anyone, i don't even have to blame myself since it's pure accident. The jeepney has no way of avoiding the stones or any intention of letting it hit the glass. Accidents are relly that painful.

I guess its really hard that your bike was damaged by unstable parked bike delivery and no one's going to compensate the damage. I'd be very furious and upset too bro. :angry:

Sorry to hear about that, Mark. It's just the roll of the dice.

Which bike, by the way?

If the bike was insured, I wonder if it would cover an accident like that.

thanks for the input guys,

well.... malas lang nga siguro pero nakaka inis lang tlaga. all of us here takes good care of our bikes like it is our son / wife /GF di ba, tapos madidisgrasya lang ng ganun. :m Well, let this be an eye opener that you can't be too safe sa parking lots ng mall.

ingat na lang kayo guys!


bragster,

yung wave po yung na damage. napunit yung fairing mga 3 inches. kaka inis kasi ini-ingatan ko yung bike eh tapos ganon lang. huhuhu! :{

tahan na broder mark :banana: kasama sa ups and downs ng buhay ang pagkakapunit ng fairing ng wave mo. pagawa mo n lng agad para ayos ulet.

Oh Man!!!!!!! :angry:

I know how you take care of your bikes!

mark040477,

hirap nga ng ganyan, iniingat-ingatan mo tapos ganoon na lang mangyayari. meron din kasi ako wave alpha, original color is pearl millenium blue, ngayon pinaayos ko na yung likod, color na is black, kasi nilagyan pa ng fiber para kumapit, nabangga kasi ng jeepney yung likod kasama pati tail light. :{ P1500 din nagastos ko including the paint job and the fiber.

Ipaayos mo na lang ang ride safe bro!

About 8 years ago, there was 3 cars and a bike waiting for a light at the intersection of Ayala avenue and Herrera st.

A steel I-beam dropped right across the road landing respectively on all the cars hoods or trunks and the back seat of the bike. This was when one of the buildings on that corner was under construction and the crane was lifting the beam to the top passing over the roadway. The cable was improperly connected and voila' chaos.

You shouldn't be too hard on yourself, from the sound of it, you took care in parking your bike properly, but the wind wasn't part of your plans. How many times have you come across weather that was strong enough to knock over a bike?

you may sue the owner of the pizza delivery bike for damages.

there is always a disputable presumption that the fault or negligence of employee is the fault and negligence of the owner.

second, you may likewise based your claim on Quasi-Delict. (Art 2176 of the Civil Code.)

Quasi Delict include acts, whether punishable by law or not punishable by law, whether criminal or not criminal in character, whether intentional or voluntary or negligent, which result in damage to another.

PAgawa ka ng police report and send a demand letter w/ the PR attached for them to repair your bike.



:)

Originally posted by Wolver888
My computer shop front door has a wide glass sliding door, my shop's entrance is four meters fronting the main road, I heard a loud TAK noise and just had the horrible sight of a big spreading glass crack on the door(the glass costs around 1,500). I thought about it blaming the jeepney that ran over the stones with the approximate size of an eyeball, the road is full of litle rocks scattered around since its under repair and left undone. I consulted my lawyer uncle and adviced me that I can't blame anyone, i don't even have to blame myself since it's pure accident. The jeepney has no way of avoiding the stones or any intention of letting it hit the glass. Accidents are relly that painful.


I am pretty damn sure that where I come from you could claim damages from whoever left the stones laying around in the road. These are also extremely dangerous for motorcycles. In UK and Hong Kong, if a truck pulls out of a building site onto the road with mud on its wheels it is an offence. Road and building works staff hose down trucks as they leave and there is never, ever any loose rubble on the road. There is no need for people to put people's lives and property at risk just because they are too lazy to keep it tidy.

Originally posted by Frank Woolf
I am pretty damn sure that where I come from you could claim damages from whoever left the stones laying around in the road. These are also extremely dangerous for motorcycles. In UK and Hong Kong, if a truck pulls out of a building site onto the road with mud on its wheels it is an offence. Road and building works staff hose down trucks as they leave and there is never, ever any loose rubble on the road. There is no need for people to put people's lives and property at risk just because they are too lazy to keep it tidy.

Hello there Si Frank ... well... the road is under construction and I think its the responsibility of the DPWH, but then again, i think they'll just ignore me. Another problem is like this. The "road" is originally a side walk, since the road need EXPANSION, well, they have demolished the sidewalk for a plan of another road expansion .... now the owner of this building i'm at it doesn't want to surrender that sidewalk since its part of his land. Now DPWH cannot continue constructing the road then it's left behind while its being fought on court. The door was hit two times.... hehehehe, what a bad luck, i had to spend 1500 two times :D. I know its DPWH's responsibility .... but i guess i have to take care of it since DPWH is part of Philippine government ... you know what i mean.... and i might end up PING PONG looking for someone to take care of it. What I did was just to install screen infront of the glass so as to protect my door. :)

one time i parked my parallel parked my bike in between two parallel parked cars. the front was a tamaraw fx... too bad the driver was a grandpa already.... he reversed and hit my front fender...it cracked... luckily my bike dint fell.. and i fabricated a new one and he paid for it :)

Wolver888, yep I understand completely what you mean. I was smashed in the face by a faulty SLEX barrier then forced to pay for it :angry:

Sir Frank you're forced to pay for it? That is upsetting.




Jeff_o, good thing he paid for it.

QC pay-parking firms liable
for loss, damage to vehicles
Posted: 0:12 AM (Manila Time) | May 30, 2003
Inquirer News Service

OWNERS of private parking lots in Quezon City will now be held liable for items that are lost or damaged in vehicles parked within their premises, after the city council passed an ordinance making them responsible for securing their parking areas.

Under the new ordinance, owners of pay-parking areas are prohibited from stipulating in their contracts that they were not responsible for any loss or damage occurring in cars parked within their premises.


Violators will be penalized by a fine of not more than 5,000 pesos and suspension of business permit for a period of not more than 60 days.

Open parking in Quezon City usually costs a car owner 20 pesos for the first three hours, and an additional five pesos for every succeeding hour.

Parking in covered spaces, on the other hand, costs 30 pesos for the first three hours and an additional 10 pesos for every hour beyond the first three.

Originally posted by Wolver888
Sir Frank you're forced to pay for it? That is upsetting.



Someday I will post the full sordid story but right now I am still considering filing charges for illegal arrest, illegal detention, extortion, perjury, physical, property and emotional damages. I just want to be sure the witnesses will not back out.

Originally posted by Frank Woolf
Someday I will post the full sordid story but right now I am still considering filing charges for illegal arrest, illegal detention, extortion, perjury, physical, property and emotional damages. I just want to be sure the witnesses will not back out.

Uh oh ... yeah that's the problem .... hope he's not backing out.