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NSW Hit a jaywalking pedestrian

Discussion in 'Politics, Laws, Government & Insurance' started by aaace, Dec 9, 2014.

  1. Last week I hit a pedestrian crossing at a set of lights against their red pedestrian light. I have a handful of witness's which gave their police report.

    Following the police report it seems I will be not be held at fault. Now I'm trying to find out the options I have to repair my bike.

    No major injuries to myself as the bike didn't go down, just a tender bruise on my right thigh but I have a dent in my right hand side tank, since the bike only has third party, fire and theft, can I claim this against an uninsured driver? or what are my options?

    Attached Files:

  2. Best thing to do is simply contact your insurance company. They are in the best position to offer you advise you on what they will and will not cover.
  3. Depending on your policy, third party should do the leg work for you.

    How was the pedestrian?
  4. The pedestrian has a head laceration and a broken shoulder and is doing well.
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  5. Glad you are both OK. As discussed if you have insurance then let them deal with it. Civil action is not worth it in my opinion although I am not legally trained. The pedestrian is likely to make a counter claim as to your part in the incident. The magistrate is likely to apportion blame, you are up for legal fees for your defence. You are unlikely to recover much. Others may disagree but that's my 2c.
  6. Shop around the wreckers to colour match a used tank in good condition.

    It'll cost less than lodging with the local court if not only slightly more.

    Your other option is just the threat of legal action. Pay a solicitor to write a letter of demand on your behalf for the cost of a new tank. Hopefully the pedestrian crisps his pants and pays up with no need to go to court.

    It works well I've found against bad debtors.
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    • Agree Agree x 1
  7. It is good to know everyone is ok. Best thing is to contact your insurance company and then speak to the pedestrian at fault. If he/she agrees to pay for your damages then you are fine. If not follow Iclint advice.

    Most of the time it is sorted without need for legal proceedings.

    Let us know how you go.
  8. Used Hornet tanks in good condition are quite hard to find, especially if you're looking for a particular colour. When these bikes go down the tanks almost invariably get damaged, and almost all bikes in a wreckers are there because they've gone down. In any case, best of luck.
  9. I nailed a pedestrian who ran out onto the road years ago. My car had full comp insurance. My car was fixed and I paid nothing. Insurance company chased him for the multi thousand bill
  10. Yes, but the OP only has third party, fire and theft. More than likely they will not help out imo.
  11. Most modern 3rd party insurance has a clause where you can claim a small amount against uninsured drivers. Try that on.

    Mostly I agree with cjvfr. Civil action is just not worth it. You could just put a letter of claim to him and see what happens. Given how messed up he was, he might not take it well, but it's worth a try. The days where people voluntarily paid for there errors seems to have passed in Aus.
  12. Probably not worth going to court over as stated by cjvfr. But definitely worth send the pedestrian a bill pointing out he was negligent crossing against red light etc. If he doesn't pay threaten court and see how far you get. You have nothing to lose but the price of a stamp and he might pay.
  13. Regardless of a pedestrian crossing the road on their red light, why did you hit the pedestrian? Did you see the pedestrian about to cross before the collision?
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  14. #14 hornet, Dec 10, 2014
    Last edited by a moderator: Dec 10, 2014
    Contact James at www.zionmoto.com.au. He's in St Mary's in Sydney. He repainted my whole VFR for $800, he'll probably do your tank for half that...

    Accidents, by definition are unplanned and unavoidable events....
  15. Letters of Demand
  16. I almost put uninsured driver in inverted commas, but thought everyone would get it.
  17. True, It doesn't hurt though to analyse the situation and see what you could do better next time to reduce risk. Perhaps road positioning may have given the OP more time to see the rogue pedestrian, perhaps scanning the surrounds in a more methodical manner? No criticism of the OP but it is worthwhile thinking about incidents and use them as learning exercises.
    • Agree Agree x 1
  18. Nope, I was just suggesting to check with his insurance company to see if he was covered in this scenario, even though it wasn't another vehicle.

    the way I read it, it did have the guys details?
  19. That is why road traffic collisions are not called "accidents" by emergency services any more. Because accident, as you say, implies something unavoidable, bad luck, just happened, nothing you could do about it. Almost no road traffic collisions fall into that category, someone even if that someone is the person would would not subsequently be found at fault, can usually do something to stop it happeneing. How many threads on here say "thank god I did XYZ or they would have hit me".

    I'm not picking on OP, but any time there is an incident, particularly here where somebody was injured, there are always lessons to be learned for everyone so that it does not happen again. Nobody wants to hit pedestrians.
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  20. I wouldn't say that. An error in judgement is an accident but it was avoidable.

    Most accidents are an error in judgement.

    If they were deliberate, then that's a different matter. There are offences that cover that alone.