Whilst I was doing my oil change this morning I though I would check out the chain oil... the chain bath got replaced when I had my accident back in April but I never checked the level then.

So I followed BWT youtube video and double checked it against the manual, the oil level is higher than the specified level actually over double the height and there was a slight dark greaseyness around the upper section of the dipstick

Should I be concerned about this?

If you are concerned then drain it all out, refill with some cheap oil, run the engine a bit letting the rear wheel spin, then drain it all again so you've flushed out any water, then finally fill to the correct level with the correct oil. You could use a flushing oil, but anything will do just to clean out any contamination.

Bearing in mind the oil is not pressurised and is simply a sump that the chain partly 'swims' through, too high a level is no going to do any harm, other than create a lot more drag on the chain. If water has got into it (through the breather if it's been pressure washed?) it will get emulsified into the oil once the chain starts spinning around and the oils lubrication will be reduced. No panic but probably as well changed when you can spare the time.

The tmax mk 1 I had was overfilled by previous owner some came out when on side stand thro overflow a bit more when cranked over further in the Alps oil was clean tho

I never pressure wash myself and I am pretty certain it was never done by the insurance company's mechanics because only the the rear end where the work done was cleanish... the rest was as dirty as when they received it, so much for valeting it.

Will think about flushing it when I get a further chance

Ok so I finally got around to doing this today after much lazyness...

this is the oil that came out... looks well wrong to me.

Having ridden it today and yesterday before I posted the image, I have to say she's running better now and the noise I thought was from the transmission seems to have gone