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.

NSW Knock down parked bike

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by krabi, Jun 17, 2011.

  1. So, usual story park my bike just to have it reversed in to by a lady and then knocked over to hit another car. Claimed it was not her fault because she did not see it. Anyhow, I told her she was negligent and liable. I figure I pay insurance so I'll let them deal with it. She rings me and states that she talked to the police and they said I was liable as I did not leave 1m between the cars. I kind if figured cops making a claim without being there is bullshit. However, I've Done a police incident report on the phone and made a claim with my insurer(QBE). My question, could I still be liable even though she ran in to the bike? Could they claim I was illegally parked? Here's a photo of the scenario.

    *Edit* Here's link to resolution https://netrider.net.au/forums/showpost.php?p=2177146&postcount=81

    Attached Files:

  2. Yep, I can smell the manure from here. I think you've done the right thing.
  3. I can't see how you would be liable if you were already parked there. If she didn't fit, she shouldn't have reversed in. It doesn't look like the parking bays are marked, so it's not like you were sharing a spot or anything.

    I'm no expert on this stuff, but I'd be fighting tooth and nail.
  4. From the picture, it looks like your bike only just got the front of the other car. Is your bike taller than one metre?
  5. sound like an arrogant dog to me (too many on the road, especially in 4wd.) the ones who believe nothing is there fault and everyone should stop/giveway for them
  6. stupid biatch look how much room there is infront and behind her car!!!
    dont take her bullshit! it was not your fault!
  7. Yes my bike is taller than 1m. Her logic is that since she did not see my bike, ergo she is not at fault. Then her next claim is that the police say that I need to be 1m either side so it puts me at fault. By the look of my picture I'm right on the brink of that distance. I just hope her bullshit logic actually is not recognised in some crappy legal loophole somewhere and I have to bear the brunt of the cost or worse still, she'll call Alan Jones and get him on a campaign about motor bikes and parking!
  8. shoulda just park on the footpath lol
    but just looking at how shes standing with that smug face pisses me off ](*,)
  9. i love it how they go home and tell their husband and then come back with a "ima get out of this scot free because of *insert reason here*" clause..

    also, the OP definately did the right thing by taking that photo whilst the car was still there and the bike was knocked over.
  10. fvcking fat biatch with that smug look

    was she reversing to park her car ? or was she reversing to move her car to get out of the spot ?

    bullshit she cant see it, more like she didnt bother to look so its still her fault.

    if she reversed onto a child that she didnt see it would still be her fault (i know its not the same...just saying)

    hope it's a not at fault claim for you
  11. it is the same! my bike is my everything!
  12. I hope you didn't bother arguing with her. I'd just say thanks, make sure you tell that to my insurance company when they collect from you and hang up. She doesn't have a case and she knows it. What's she calling you for anyway?
  13. Thanks for the collective outrage folks, but I'm not after a rant, just a clarification. She was leaving, but she still had to walk to the car, get in etc and at the whole time she did not see the bike (or look for dangers) So, the general feel is that I have enough room and my insurance will do a no fault claim? When I spoke to the insurance company they said since I was not on the bike and it was not in motion, that the basic excess only applies. If they can get money out of the lady they will reimburse me the excess. But has anyone heard of or know of an instance whereby you parked too close therefore it's your fault clause kicks in and you get walloped with both a ticket and the whole insurance bill. I'm worried as another car was also involved.
  14. [MENTION=33345]Justus[/MENTION] might be able to help
  15. So you parked between her car and the black car ? When she went to get out of the parking spot and she hit your bike ?.
    Then you come along and seen your bike on the ground ?.
    There is 3 people involved ,where is the owner of the black car ???

    In other words who was there first the old lady ,you or ,the black car.?

    Here is the parking laws.

    She said the cops said your at fault as you where closer then 1 meter ...thats crap as they didn't see where you were parked.

    I hope you have more pictures it will help.
    Go back with a tape measure ...notice the line on the footpath and one on the road in the gutter ,thats you evidence there ,bike hasn't been moved.
    I can also see you centerstand it down ,so its high and its a "Gsx750F" ? ,It no small bike.
    She didn't take care to check behind before reversing ,not your fault ,even if you where to close ,she didn't look.
    Notice some thing on the back shelf of her car ,blocking the rear window .

    See page 51 ...reversing ...its SA road rules but should relate Australia wide.

    • You must not reverse unless it is safe to do so.
    • You must not reverse any further than necessary.
    When you reverse:
    • always drive slowly and carefully
    • always check in all directions before starting to reverse,
    particularly behind your vehicle. If necessary, get out and walk
    to the rear to ensure there is no obstruction or danger not
    visible from the driver’s seat e.g. a child
    • do not start reversing if there are pedestrians
  16. Should have asked to borrow here tyre lever and smashed that smug face of hers in.
    You bike is over a meter tall. So if you were not at lest a meter away you would have hit the car behind with your bars. And you were ass in. All good.
    And don't let QBE hit you with excess bill. It's a no fault claim.
  17. As H21A said, she "didn't see it" because she didn't look - negligence on her part. She is completely liable, so hang in there and keep fighting. Ignore this rubbish about her ringing the police and getting advice from them. She's just trying to put you off the scent. Stick to your giuns mate, you should come out on top.

  18. and don't pay your excess! make sure the insurance company does everything they can to get the money from her! as soon as you've paid the excess, they won't bother her.
  19. G'day everyone,...

    Responceability is hers to make sure she is clear of any obsticles and obstructions when moveing in ANY direction.

    Dr Who?
  20. This.... The insurer is just trying to make their job easy. From what you have told them, and supplying with the details of the at fault driver you don't need to pay the excess as per their PDS. If they whinge - escalate it. Go through their complaints procedure.

    You parked legally and weren't on the bike when it happened so not at fault. QBE just try and take the excess to reduce their own liability. Hold firm and make sure they do it. Ignore her - she is their problem. Also submit the photo to them and let them know that she admitted she knocked it over and didn't see it.

    Should be a no brainer... As for the 1m thing - whether its true or not tell her that it was clearly more than 1m away until she reversed into it. She admitted she didn't see it, so she has no way to know how far away it was originally parked.