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Fuggin' BS!! Could they do this!?!

Discussion in 'Politics, Laws, Government & Insurance' started by N2O, Sep 28, 2006.

  1. Ok. So some may remember on GP weekend I dropped my bike at low speed after clipping a traffic island. I called the TAC and made a claim for the ambulance ride and the hospital visit and the meds I received etc.

    But the TAC told me I need to make a police report. So the accident happened on the 16th Sept in ashburton. So I went down to Cranbourne Police station on the 27th Sept to make my report.

    The conversation went a little like this:

    Me: G'day, I'd like to report an accident that happened a week or so ago.

    Cop: Sure, what was the date, time, location, rego of the bike etc, etc.

    Me: Answer all the crap. No witnesses, etc. Injuries. blah blah

    Cop: So what happened?

    Me: I was travelling down the road at ~50km/hr and I misjudged a traffic island. (cop gets out the melways) (I then point out a little dog leg in the road (ashburn gr behind alamein station if anyone knows it)) I was trying to go straight through, rather than follow the contour of the road.

    Cop: And you hit the island?

    Me: Yep

    Cop: Why ?

    Me: I suppose I just wasn't paying attention.

    Cop: Okay. We might have to organise a charge to be laid. Be aware that you are not just making a report for the TAC, but to the police as well, and we might have to make a charge of careless driving.

    Me: I don't think I was being careless.

    Cop: Not paying attention seems pretty careless to me.

    Me: Well, it could have been anything.

    -We finished up my details, etc, then I had to know more about the charge (my biggest concern)

    Me: So when will I know about the charge?

    Cop: I'll have to run it by my sargeant.

    I don't know what to think of this. He only wrote down my details and the rego, time, etc, not any of my account of the accident. He wrote it in a crappy little diary that seemed very crowded with other stuff.

    If they decide to press the charge, will I need to make a formal report in which I can state that I got caught by sunglare?
    Or can they just fine me from what the constable tells the sargeant?

    I reallly can't afford a $200+ fine. I've learned my lesson, etc, why would they press the charge with no evidence, etc?

    I'm going to call the constable tomorrow and say "Has anything eventuated? and do I need to do anything else for the report?"

    What do we all think?
  2. sounds like the cop didnt really give a crap bout your claim.. just wanted to make some money for the state. i reakon ringing the constable sounds like good plan. if he says the same thing, call somone above him and just keep goin higher and higher lol.
  3. Dont you remember that dog that dashed out in front of you???
  4. The really bad sunglare got me, I reckon. And the reflection of the light off the parked car mirror blinded me.
  5. ah, dunno abour ringing them. Given that he didn't take detailed notes, maybe he was just trying to spook you. Really, he doesn't NEED to run anything past his sergeant to make out a charge. If it was me I think I'd be sitting quietly letting the whole thing go stale rather than stirring it up.
    You've got your report for TAC haven't you?
    (Man, you've got to be sooo careful what you say nowadays...)
  6. I don't know though.

    Because I think it might be better to get a better story across now (such as the sunglare, etc) before I just receive a charge in the mail.

    Once I receive a charge / fine in the mail, I can't contest it any way other than taking it to court, can I?
  7. you ran into a traffic island and you think you weren't being negligent?...
    I'd take the fine like you might probably deserve (imnsho) it and collect your insurance.
  8. There was no damage to the bike or to anyone elses property. It just fell into some grass on the side. I only ripped myself up.
  9. Back in my Uni days we were I was involved in a car accident (not the driver) which we didn’t think much of at the stage. I ended up in hospital but no one else was injured. No ambulances or police were in attendance on the day. Nearly 12 months later we get a call from the local police who said that they were investigating the accident as a result of the other driver wishing to make a TAC claim. They were trying to work out who was at fault and if charges needed to be laid on either of the drivers. Not sure of the final outcome because my then friend and I had a falling out over something completely unrelated but I'm pretty sure charges were laid on the other driver. While it may not seem fair, based on what happened in my case you may find that they may investigate it and lay charges.
  10. unfortunately they can charge you.
    whether they do, is basically up to the boss cop.
    i suggest the sun glare thing like you said, because if you swerve to avoid hitting an animal and leave your lane it is negligence.

    maybe say a green volvo was in your lane coming at you? probably too late....
  11. How can they investigate when there were no witnesses or other people involved?
  12. i wasn't being negligant sir, i swear! damned traffic island pulled right out in front of me.
  13. Can he charge you, yes. You made a statement to a swron member of Police admitting being careless. Will they is anyones guess, its a matter of what they can prove in court. However they do have your statement now.

    Did the cop happen to mention how serious being charged with careless driving/reckless driving is? You will need to go to court for this, licence suspension and in severe cases goal time.

    If he gave you the option to leave the matter alone perhaps take that option. If not then i would seek some legal advice ASAP.
  14. why would you want to ring him and remind him? Or piss him off so he lays the charge he otherwise wouldn't have?
    They did the same to me when I got rid of an old shottie that I forgot was in the cupboard. Told me I was admitting an offence and could be charged. But I never heard from them.
  15. So, to call back, or not to call back ?
  16. i wouldnt, however i dont know the cost of your medicals v the cost of a neg driving fine.....thats what you weigh up.
  17. Now i read your bike is a 250... so i am going to presume you are not a seasoned rider (Whether i am right or wrong don't argue) and that piece of road has those little sections with the teracotta coloured texture strips at each intersection (Primaraly where those dog legs are)

    It is amazing how an inexperianced rider can get a target fixation on this sort of thing, and next thing you know your weight was all wrong and you had to attempt to flick the bike to the side. Alas your responce was to late.

    For him to attempt to blame you is just him having a little power trip, any charges have to go before the DPP, and there are not witnesses, so there is no evidence as to what happened. They are not going to pursue it if you have even the most basic explination.
  18. still haven't decided if you want to be charged with a driving offence ehhh? give up mate, cop the medical bills or it will only go downhill.
  19. Well it's too late now. I'll get the fine whether or not I want to retract the report or something.

    I'm a health care card holder, and an ambulance member so if the TAC claim got rejected, or I didn't lodge one, I would still not have to pay.


    Hindsight is 20-20, isn't it?
  20. Well it's too late now. I'll get the fine whether or not I want to retract the report or something.

    I'm a health care card holder, and an ambulance member so if the TAC claim got rejected, or I didn't lodge one, I would still not have to pay.


    Hindsight is 20-20, isn't it?