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My collision story, update from August 2007

Discussion in 'Your Near Misses - A Place to Vent' at netrider.net.au started by Big Chris, Feb 26, 2009.

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  1. Hi all,
    Quick update for those who did not read the original post,
    was quite a while ago.

    This all happened on 21-08-07,
    I was riding home from TAFE on my 1999 CBR900 Firblade,
    was doing 3rd year training of my apprenticeship in spray painting.

    I was sideswiped by a 1995 Commodore,
    was very close to head on by witness accounts,
    (I don't really remember much, apart from thinking this is going to hurt)
    the commodore lost control on a minor bend in the road,
    (heading towards me)
    and crossed the road and took me out,
    the car was in a fishtail at this stage,
    I avoided the front of the car by going left,
    but got hit by the back end as it swung around.
    Went over the bars, landed on my side and left shoulder,
    and onto my back, it hurt lots
    (never carry a mobile in your jacket pockets, nearly broke 3 ribs)
    also injuries to right leg and hand and wrist from where the car hit me, and not the bike.
    Nothing broken, some kind of miracle, 12 weeks off work anyway.

    Bike was a write off, destroyed engine cases both side,
    punctured the petrol tank,
    ruined the arrows exhaust,
    damaged the swing arm,
    seat frame, etc
    wrecked it.

    http://s5.photobucket.com/albums/y184/sirpsychosis/Crashed CBR 900/

    My first mistake;
    No comprehensive insurance cover,
    can't understate this one.
    Did not have the cash for the comp cover,
    was a bad move by me,
    I should have used a credit card or borrowed it,
    or got a pay by the month policy, what ever it took.
    If I had not ignored this one,
    the rest of this story would have read,
    "got paid out by my insurance company, healed up from injuries and got a new bike".

    Instead goes like this,

    CTP insurance paid medical expenses,
    and 4k for the 12 weeks I was off work,
    which is crap but better than nothing.

    Insurance cover on the car that hit me was void,
    the insurance company claimed car was not roadworthy,
    has 4 bald or low tread tyres, reason for loss of control by driver.
    All avenues of appeal where used, no money from the insurance company for either the driver or myself.

    So I sent letters of demand for the $8k for my wrecked bike and accessories, 3 in total.
    The driver or the owner never replied to any.

    I took the owner of the car to court,
    as advised my a mate who is a solicitior,
    took it to the Small Claims Tribunal,

    The case was filed against the owner not the driver,
    the driver was the owners daughter,
    and the driver was deemed not at primary fault,
    reason for collison was put down to mechanical failure caused by poor tyre condition, combined with driver inexperience (p plates 5 weeks)

    In Queensland (not sure about other states )
    the owner is legally responsible for the condition of the car registered in their name.

    I won the case, got a court order for $7500,
    I dropped the amount over $7500 so I could use this avenue, over $7500 requires a hearing in magistrates court.
    Max claim amount that you can go for in small claims court $7500,
    advantage of small claims, $78 filing fee,
    no need for a solicitor to represent you for hearing,
    and biggest,
    if you win, respondent can't appeal the decision unless they want to go to the Supreme Court of Australia.

    The owner didn't pay a cent of the order to pay $7500 in 14 days,
    now filed in Magistrates court for enforcement of the order.
    So after this long no conclusion yet.

    What have learned so far,
    I should have spent the money on the insurance,
    there was a lot of other stuff at the time,
    TAFE fees, rego, tyres, etc,
    still should have paid like Fire and Theft,
    would have gotten some help from my insurance company.
    Anyway an expensive lesson hard learned,

    Insurance is not only to cover you,
    it is to cover you against the actions of other persons,
    from costing you a lot of your hard earned cash that you spend on your favorite bike.

    I will post any further info,
    see what happens in the court order enforecement hearing.
    I am not longer required to appear in court,
    the DPP handling the case in the magistrates court prosecuting a non payment of court order in the next hearing.

    Cheers all,
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