Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

any advice.....?

Discussion in 'General Motorcycling Discussion' started by sydneybiker, May 24, 2006.

  1. the other week my bike got knocked over by a woman in a rental car.....not too much damage, broken front indicator and bent right handlebar. she won't provide her details and wantrs to drive off. police are called, tell her to give me her licence etc which she does. I call the rental company and inform them what happened and the say get quote on damage.

    I do this, only $350 in damage. she returns rental car and denies whole thing despite me have several witnesses and leaves car and goes home.

    I am left to foot the bill for the damage as rental car is not liable. after speaking to my solicitor he says that it would be uneconomical for him to pursue this matter as he charges $300 an hour! and i don't have comprehensive insurance on bike. the only thing he suggested was I see a chambers magistrate and try and pursue this through a local court!

    all for $350!......i can't believe people would do this and not accept responsibility for their actions...

    any advice on what i should do?
  2. Track her down and do $350 worth of damage to a vehicle she owns :wink:

    you have all her details from licence :LOL: :LOL: :LOL:
  3. There are govement advisories that can help with this sort of thing to tell you the exact proceedure. Ring fair trading (I know they won't be able to help, but they will be able to tell you who can).

    Basically you need to write a letter of demand to the rental company.

    How they get the money is up to them. Not your problem.

    And if they don't come to the party, you can take it before a concillitory type magistrate, without having to get a lawer. It doesn't cost much and generally the supener to show up will get most companies to pay up.

    Lets hope for such a small amount the rental company won't get into a debate about it.

    The letter of demand can't do any harm.
  4. i have thought of that but am thinking of the karma involved in doing that....

    the only funny thing i can draw on from the accident so far is that it happened in kings cross. i live nearby so am used to all the "sights" you may see there. anyway, the woman was about to drive off and a few of the "locals" were yelling at her for this quick getaway she was trying to do and were taking her licence plate down for me ( good samaritans )

    she was yelling back and calling them all sorts of names like "druggies" and "low lifes" and "hookers" ( which you don't do to kings cross locals )....after the police left and i was getting on my bike one of the local women came up and slapped the woman across the face. priceless!
  5. Find a cheaper solicitor.
    Or better still, go to legal aid.. They'll help.
  6. You have witnesses (I assume you have their details...), you have the police as well who could advise on the situation as they saw it when they arrived at the scene. You also have her license details. Unfortunatly you don't have the money to pursue her through civil courts! That sucks man! I'd pursure her for the $350 + costs anyway I could, you can't let her get away with this. But I guess it's up to you to decide if the time you spend chasing her is worth it. If not, write her a letter, be firm, be nice... just let her know where you stand and how much she's F#$K'ed up you life through her selfish actions...
  7. I say put together a letter of demand for the rental company and see if you can get a witness to endorse it. Be firm and supply a witness and police incident number and they'll pay up. whether they get the money back from her is up to their policies and insurance. they are a business so the'll be covered.

    The rental company will have the imprint of her credit card so they can deduct damages without her approval as her contract says they can.

    Pretty much all rental companies do a pre-rental inspection and get you to sign it. then they do an inspection on return.

    Maybe find where the rental car resides and go talk politely to the reception chick and show her the damage to your bike. getting in good with the reception chick will mean you have someone to follow up with to see that something happens. A bit of charm goes a long way.
  8. Karma can only be dealt by the celestial body. Don't ever think a deity will solve your disputes.

    Go your own way and strap a cable tie to her rear axle. This little noise will drive her nuts for weeks and she'll have to spend a fortune on mechanics who have no idea.

    I also recommend small claims court.

    Liars deserve the worst. Now that's Karma.
  9. I urge you to pursue the matter. You'll learn a lot from the process and it's a great story to dine out with especially the bit about the local 'after the fact'.
  10. I think you should go back to the cops. If they showed up and made her exchange details then they obviously thought it was a matter worth pursuing. Even if they won't chase her up for you, they should at least be able to let you you know exactly what your rights are and how to best go about getting your money.

    On the other hand, Cam's idea of a cable tie on her rear axle is a pretty good one. No real damage to her, just frustration and confusion, so you shouldn't have to worry about karma biting you on the arse...
  11. Just realized that legal aid is in Vic only I think... Not sure about NSW tho'.
    In any case, I agree with what everyone else is saying.
    If you don't try you won't know anyting. I would pursue ALL course of actions to see if there's anything that can be done. Don't wait for 1 options at a time, go for ALL options at the same time and if it doesn't work or cost too much then either put it aside until you have no choice or stop it altogether.

    (ie. What I would do is draft a letter to the rental company, as everyone else said, try to find free legal aid or a lawyer who has a no win no charge policy as it seems like you're in the right and also go to the cops, ALL AT THE SAME TIME to avoid time costs. If the cops aren't helpful, focus on the next, and so on and so on. )

    Good luck.

    I do think you have a case with the cops as the lady attempted to run away. I'd try to see if I could get a stat dec or an affidavit from your witnesses, just to ensure you're covered before you got small claims or some sort of tribunal court.
  12. This is exactly what you do! A letter of demand to the rental company, providing details and witness accounts/affadafits. Give them 14 days to pay, before you pursue further legal avenues with all costs to be incurred to them.

    They will bill the rentee for the costs, and the driver will have to argue with the rental company otherwise - it's between them and doesn't involve you.
  13. I agree with cam on the small claims court mate, it will only cost about $50 and its you against them no lawyers, try the letter of demand first as that will useally solve the problem :wink:
  14. Brick through window. Then call it even.
  15. order like 10 pizzas for her every night of the week for the next week (different pizza shops).

    You have her name and address.
  16. Some people just deserve being slapped in the face :)

    I'd call Legal Aid and they should be able to help you or point you in the right direction.

    Good luck getting your bike fixed, I can't believe the nerve of some people.
  17. Mate, i'm with bikie, not socially responsible but it will make you feel so much better

  18. I must remember this one :LOL: :LOL: :LOL: .
  19. Just make sure you block your telephone number. Some Pizza stores have caller ID to try and cut down on pranks.
  20. claims court

    going though the same think my self,
    got knocked of my bike no insurance on both sides he cant pay it was his fault.
    sent letter of demand ?? he rings says he will give me $200 in a weeks time , well that didnt happen so i gave him a ring says he cant pay.
    yesterday lodged finale notice with elisabeth magestrates court cost $12 have to wait 21 days

    all up its guna cost me around 200 to get him to court all for 800 bucks if i win ... ill get costs awarded to me he may only have to pay $5 A MONTH now that sucks....