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NSW Bike Knocked Over

Discussion in 'Politics, Laws, Government & Insurance' started by Gibson, Dec 4, 2011.

  1. Hey Guys,

    I had a look with the search function and found a few threads about this but none for people without insurance.

    I had parked my bike the other day to go into the bank, after leaving the bank a lady approached me and asked me if I owned the bike out front, she told me it had been knocked over and a truck driver out the front has the details.

    I came out and sure enough it was on its side. I got the details of the car off the driver and he seemed keen to make a statement.

    I went to the police station and did the usual report/statement and they got the drivers information. The police officer asked me if I would like to press charges before I left and I said "no, if he is going to cooperate"

    The driver is claiming he didn't know he hit my bike and tries to get into yelling matches with me so I went back to the police station to press charges and he said he can’t as the driver claims he didn't know he hit me. I tried to make him elaborate on why I could press charges before but this seemed to make him angry.

    I'm guessing my next step is to seek legal council and see what they say. I've spoken to my witness and his more than happy to give statements.

    My question is has anybody had experience with this?
    The bike has cracks on the fairing, dented and scratched exhaust, broken mirror, broken indicator, scratched clutch plate cover, I’m guessing close to $1000 damage. Is it worth pursuing this?

    To be honest I will be happy to pay more than the damage in legal fees to make sure this guy learns a lesson.
  2. If you go legal council see if you can get footage from the banks camera? see if they had the accident recorded, dunno if you can or have your lawyer request it from the coppers?
  3. Yeah I had a look around and couldnt see any cameras pointing to the street, The bank is inside a shopping complex.

    Thanks for your response.
  4. if you have witnesses, why not go to the insurance company and let them deal with the wanker?
  5. Do you mean go to their insurance company? I assumed if the wanker(i like that) doesnt make a claim his insurance company wont do anything
  6. Go to your insurance company, they will deal with the driver for you...
  7. My bike is uninsured
  8. MAAAATE what are you doing riding un insured???

    you've just lost me. good luck with it..
  9. You can send a letter of demand for the cost of repairs to your bike to the driver, but if they tell you to take a hike then you will need resort to the courts to extract the cash from them.
  10. +1 to Miraz try a letter of demand first.

    This thread is a How to on Letters of Demand

    Alternatively a Solicitor will write one up on your behalf reasonably inexpensively and on a Solicitors letterhead it carries more scare factor.

    Good Luck and seriously think about budgeting for insurance in future. It is in your best interest.
  11. Letter of demand and hope he pays. If not, you're about to find out why people insure their bikes :-O
  12. Comprehensive insurance is for when YOU are at fault. After a few years of riding and NOT being at fault, you end up in front by not be comprehensively insured depending on the value of your bike.

    There are witnesses and the wanker in the car is totally at fault.

    I've not even insured cars in the past ( modified, too expensive ). A garage who were doing suspension work dropped the car and damaged it. Letter of demand with some quality wording and a good letter head worked on that occasion.

    People who make blanket statements about insurance either haven't done the math, or don't realise that we aren't all in the same situation with value of our vehicles... there are many occasions when it doesn't make sense to be insured comprehensively and that does not mean people are allowed to damage your property.

    Some insurance companies who insure for third party property will still pay out for not at fault accidents like this one as long as you can provide them with the number plate of the offending vehicle, because they know they'll be able to get the money off the other driver.

    The wanker has actually committed a hit and run, which is illegal, that means the RTA will even assist you in sending him the letter of demand.
  13. OK. Two separate things going on here. One is a civil matter and has nothing (almost) to do with the Police. This is getting compensation for your expenses. As the others have noted, the letter of demand is the way to go here.

    The other side of the coin is a traffic matter and that is where the cops come in. The cop above is being lazy. It's a hassle to give the guy a ticket if both parties are not standing in front of him. His excuse is a cop out and that is why he got pissed when you pressed him, but ultimately you can't make the cops charge anyone. It is their decision, not yours. You could go to the ombudsman or contact his superiors, but to what end? It doesn't get you your money.

    There is some advantage, in civil proceedings, in having the cops acknowledge the other party was at fault, but it's not a guarantee you will get your money.

    Do you have copies of the original police report where the guy admitted fault? If so, that will carry as much weight as the guy getting charged, when it comes to getting your money.
  14. It's a civil matter, nothing to do with the police. The worst that could happen is that he could be charged with leaving the scene of an accident or failing to provide details after an accident. With him claiming he didn't know he knocked your bike over the police would struggle to prove either. That's why we pay good money for insurance to sort these things out for us.
  15. I had this precise thing happen to me. Bike got reversed into, shop owner took the guys details, I took them to the cop shop, they rang and he gave permission for his number to be released to me. I rang, he claimed that he had no idea and since I have no proof he wasn't paying. I went back to the cops, they rang the witness who confirmed he'd be happy to proceed if I wanted to press charges so the cops rang the guy back and said "Look mate, the guy has witnesses and if you don't want to end up with a fine to boot, I'd pay up".

    The guy paid up and I called him a piece of dogshit for his attitude. Win/win. The cops dealing with your case are a pack of lazy assholes.
  16. If there's a witness how is it hard to prove what he did?
  17. As long as the witness will go to the station and provide a formal written statement, and state they are prepared to go to court to testify (if necessary, if the TIN is disputed), then that would be enough to proceed and issue a TIN.

    The TIN is only $157 and 0 points in the ACT.
  18. If this guy doesnt notice when he knocks over a couple hundred kg of motorbike do you really want him on the road? If he is telling the truth that could just have easily been a flock of children. there should only be two options: either he surrenders his license or comes clean about knowing he hit your bike but thought he could get away with it.

    Good luck
    • Like Like x 1
  19. Have you ever heard the term : 'blood from a stone'? In your case the people who damaged your car were a business who would have insurance. What happens when your car is smashed into by an uninsured drunk or simply someone who doesn't have comprehensive or TPP, only CTP? A letter of demand to them without a solicitor's letterhead isn't going to look very threatening, and even if it is from one, what guarantees they will be able to pay?

    With comprehensive insurance you don't even pay an excess, your insurance companies pays you out in full when someone else is at fault once they've got sufficient details (i.e. police report), then pursues them THEMSELVES. Legal fees are **** loads, and when push comes to solicitor that is what is probably going to happen if they refuse to pay. Then the other party doesn't have enough money to pay you anyways, that's why they're not insured in the first place/are dodgey enough to not accept being at fault. So now you have not had a car in a few months during all this time, have expensive legal fees, and no repayment anyways. Sounds great to save not very much money. If a drunk hits your car they will not be insured. Comprehensive gives you very good peace of mind and if anything shit happens takes away a huge amount of work and time if the other driver is a dick.

    Today you need to accept others will not take reasonable care for yours or their safety or property, as there are just dickheads out there. Comprehensive insurance is a way to reduce the impact of them
    • Like Like x 5