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VIC Alleged bump/scratch of car. Advice needed

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by natta, Feb 26, 2013.

  1. Hi.



    I thought I would pick the brains of the Netrider community who have greater knowledge and experience in legal matters than me.

    So the story goes.


    Last week I get a phone call from the Doncaster police station saying that a gentleman came in and told them that I on my motorcycle had bumped/scratched his Nissan Navara. Allegedly I was initially behind him and as the traffic came to a standstill, I moved to his left and collided with the back left corner of his car as I attempted to filter down, apparently tipping over in the process. The scratch was apparently small and could probably be buffed out.


    The officer asked if I remembered such an indecent, had crashed my bike that day, fallen off, or sustained any damage to my bike. I replied NO, as I have no knowledge of it. I am pretty sure I would know if I had done such a thing, plus there are no scratches on my bike. He proceed to tell me that the driver had beeped and I did not stop, and that it was an offence not to stop in an accident and render assistance. I replied I would have stopped if I had had an accident and I had heard him. I also confirm I was on the road in question.


    This particular officer was a very diplomatic guy, so he told me that the driver said he would have let it go if I had stopped and because the scratch was small. Since I had no such knowledge of the incident, he asked if I didn't mind letting him pass on my details to the driver so we could work it out. Maybe a wax or polish would be suffice. Thus keeping the police out of the picture. I said SURE, since I personally don't draw into definitives . I could have nipped his car with a mirror, and if I did I am sure an apology or offering to pay for a wax could smooth thing out for a reasonable person. Leaving riders with a better name and all.


    A few minutes later I get a call from the driver. I remain calm and tell him that I didn't remember colliding with his car, and didn't hear a beep or anything. But I am sorry if I accidental did nip him. He is not as diplomatic, but quite aggressive. He is certain that I did, that the damage is serious, that I didn't stop and that he has a witness who can verify that I did crash. He says that his whole car jolted when I hit him. Again I try to calm him down by explaining my case, but he goes on again. Eventually he stops the rant and suggests that he gets a quote and sends it to me, and we will go from there. Sure I say, hoping that the panel beater will say it is nothing and that he is silly for going to all this trouble.


    Today comes and I receive the quote by email and some pictures I requested. $500 for a 1/4 panel fix and spray. From the pictures I can make out that there are 2 maybe 3 scratches. One looks deeper and narrow but it is vertical that is a little suspect. Looking at my motorcycle I cannot see anything that could do such a scratch, everything is smooth and not jutting out more than my leg/knee. His car is quite dirty and the pictures are not very good. He says I can come out and have a look, but from the phone call I don't particularly want to deal with him in person.

    So I suspect that he is one of those cages, hating on motorcyclist cause they don't get stuck in traffic. He saw me lane filtering and though why not try to pin that guy, get my already scratched car fixed. That TAC advertisement of late might have inspired him. As such, no police report has been made.

    So my question is what can I do? Should I still try to deal with this guy? Let insurance deal with it? and what are the actual legal implications?

    PS: YES I do lane filter.( Police office actually just told me to be careful while doing it), and YES I do have insurance (Third party)
    Thanks for your time. Advice is appreciated.
     
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  2. #2 87crisis, Feb 26, 2013
    Last edited: Feb 26, 2013
    i would've been hesitant from the second i was contacted by the police mate....now it's he said she said type bullshit - involve someone else as the middle man or record all interactions with said person.....alternatively perhaps you can give your insurance company a call and explain the situation to them stating that you'd notice even a slight jolt on the bike and for this fella to say it jolted his ute??? and now he's asking for $500 to paint it? tell the insurance company you'd happily let them inspect your bike etc but your concerned about him trying to scam you out of a insurance payout??

    i dunno....i talk alotta shit....*shrugs*

    YO @Justus - what's the verdict mofo?
     
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  3. Tbh I imagine the police have wiped their hands of it. If you didn't do it and have not admitted guilt then its very much a he said she said case, his witness may well be his mate who was in the passenger seat or may not exist except for the purposes of scaring you. Without proof he would find it hard to prove you hit him, I reckon if I hit someone hard enough to jolt a 2 tonne ute I'd remember it, as my next act would have been to pick up the bike I just dropped. If you didn't do it then don't pay up would be my suggestion, but I've never been in this situation.
     
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  4. You've made a few big mistakes imo.

    Why did you agree to talk to him about something you say you have no knowledge of?

    Why do you say you "could have nipped his car"? You either did or you did not.

    Why did you agree to him getting quote?

    Did you hit his car or not? If you didn't, you should never have involved yourself!
     
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  5. + 1 on all of this.

    Did you come into contact with his car or not?
     
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  6. Because your opinion matters to alot of people here ;)
     
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  7. caus you stopped following me....i still gotta mess with you somehow :p
     
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  8. 1. Never admit anything to the police.
    2. If you chose to ignore rule 1. then get advice from a qualified legal practitioner before admitting anything.

    In this instance I would request the witness to lodge his/her statement before you agree to anything else.
     
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  9. Agreeing for him to provide you a quote is as good as admitting liability.
    The issue you face now, is he could go to one of many third party recovery shops, have it repaired without your authority and the shop will chase you for every cent which could be several thousands dollars knowing some of them.
    You could play him at his own game, send him an email telling him all correspondence is to be directed to your legal person and give him the details, could put him off the whole idea seeing he was prepared to let it go.
    Sounds to me it's a quick money grab, he'll pocket the money.
     
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  10. First and foremost obtain the details such as date, time and location of incident. You may have been somewhere else completely.
    You have given the other party all reason to believe they are correct by agreeing to a quote.

    Ask to see the Witness statement in a signed Statutory Declaration ensuring the know the definition of Perjury.
     
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  11. Tell him to fcuk off. Let him involve the police again if he so wishes.

    But agree with the other comments here - you should have nipped this in the bud at the outset rather than being 'nice'.
     
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  12. Don't talk to the police, they are not your friend. No good can come of it.
     
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  13. Report the whole thing to your insurance company and tell them you suspect that it's a scam, especially since there are no marks of any kind on your bike.
     
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  14. ^ this.

    The only connection between OP and the incident is chinese whispers starting with the cager's recollection of the number plate. There is no evidence that the OP is actually involved. The cager could be genuine only he misread the number plate. Or it could be a scam. In any event, by claiming an absurd amount in damages the cager has upped the stakes.

    Before entertaining this any further I would want to see, in writing, a specific allegation with the precise time and location and a statement of what happened.
     
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  15. I've never heard of a bike clipping a back bumper while filtering. You would have to be a very special rider to accomplish this.

    Assuming you're being honest, quite simply he noticed damage on his car, probably someone else in a parking lot, was pissed off about it and decided he was going to pin it on the first person he saw fit to do so. Wrong place wrong time.

    There is also the possibility that he saw you come close, maybe you had a small slow speed wobble at this point. When he got out of his car he found damage to the area you went near and genuinely believes you hit him.
     
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  16. I also really hate to say this, but your actions do not sound like the actions of someone who was falsely accused of being in an accident. I'm a very placid person who can be walked over very easily, but there would be no way I would consider giving someone that falsely accused me of hitting their car a free wax and polish, or allowing police to pass on my details to someone who I knew was lying.

    This is just speculation, so forgive me if I am wrong. And understand people will come on here and change their stories to try and get advice that suits their story. So if you did hit their car and then after you saw the bill decided that you were going to deny everything then just own up and pay. If you scratched their car and you just think they are ripping you off on the quote, then we can also give you advice on that.
     
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  17. Someone clipped the back bumper of my dad's Tarago and consequently smashed his handle bars into the boot garnish. Broke something on his bike and his ego...my dad felt sorry for him and just let him go without getting money off him. Although it will cost me $200 to fix it for him, damn expensive Tarago parts.
     
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  18. Hi Natta,

    If your story is accurate then I would do this:

    - Written communication only.
    - Summarise all voice conversations and events to date in writing, and further make that you were taken aback by the accusations and were willing to find a reasonable solution in good will, but you refute that any incident took place.
    - Written communication only.
    - Further record all events to keep with the past events as per your letter.
    - Written communication only.

    But, that's just me. Once law is involved, you will need proper advice.

    Cheers
     
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  19. Which makes the guy in the OP's story much less likely. If you hit a car's bumper with your fork that would turn the bars into the car (like happened to the guy that hit your dad). There would be extensive damage to both the bike and the car not a mere scratch on the bumper.

    Something doesn't add up in the OP's plaintiffs story.
     
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  20. You could actually probably hit with the rear of the bike quite easily. You would be up right as you go past the rear fender then lean to the right as you squeeze into the gap. If you were too close you could scrape with the back of your bike.
     
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