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Need Some Advice on Compensation due to bad road surface [vic]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by iraniwarrior, Dec 1, 2009.

  1. Hey, last night riding with a passenger, took a left turn, wasn't going quick, hadn't even started revving and bike has slid out from under me, Heaps of loose big rocks on the road.

    Sat there watching cars go by and cars were losing traction around there.

    Bought this bike 4 days ago, 100% immaculate condition and spent every dollar i had on it.

    Is there anything i can do such as go to council for compensation, or get legal advice.

    I am planning on going there today.

    It is next to a bunnings store, (box hill)

    I waited and took photo's of road and my bike, (waited for someone with camera), Im injured (just bleeding), but cant work for a few days as im in construction.

    So any advice would be greatly appreciated, please take a look at photo's below






  2. Re: Need Some Advice on Compensation

    Wow, that's certainly some mess on the road.

    Do you have comprehensive insurance?
  3. Re: Need Some Advice on Compensation

    No, dont have any insurance,

    I might go see the council later today, but will hopefully get some advice first.

    According to there site

    Council is responsible for ensuring that roads, drains and footpaths within the municipality are safe, functional and properly maintained.

    Yes, im sure MANY riders who go through there, will crash just like i did, fortunately it only leads to bunnings and box hill indoor sports, so not many will go through. Even walking on the loose rocks i slipped,
  4. Re: Need Some Advice on Compensation

    fark spewin mate, not too legally minded but i reckon if you're insured give them a call and find out what they think and get some legal counsel.
  5. Re: Need Some Advice on Compensation

    hope things sort out for you.
  6. Re: Need Some Advice on Compensation

    you sir, need to get your self a lawyer son... But do indeed contact the council.
  7. Re: Need Some Advice on Compensation

    That's bloody disgraceful, get onto the council ASAP. Show them the pics & tell them your lucky you're not dead.

    & insurance is good, in hindsight.
  8. Re: Need Some Advice on Compensation

    Apparantly legally i cannot do anything, spoke to a lawyer,

    So basically i'll have to just fix it myself.

    Sucks becasue i sucked out every dollar to buy this thing only 4 days ago.

    Anyway the oggy saved the engine parts and top fairing, I just need to get the bottom fairing fixed, take the scratches out and respray, I might respray whole bike,

    Anybody know anybody who can do this type of work?

    I can always buy a FULL fairing set on ebay for around $600.... But i would rather have the original fairing, rather than one on ebay thats chinese made.

    Im guessing it shouldnt cost much. Then i just need to purcahse another oggy around $80,

    Anybody know anyone who can fix the bottom fairing plate, ?

    Pic is there. Help would be appreciated, as I seriously have no money, I still havent even transferred the bike to my name, !! I washed this thing everyday, it was my pride and joy :-k
  9. Shit... that's some bad luck.
  10. hmmm sounds strange considering my mates dad got the government here in Canberra to pay for the cleaning of tar that was splattered on his car after roadworks.

    That aint a small amount of gravel either. I would have thought there was some duty of care or something considering the amount.
  11. Where there any signs like this warning of the hazzard as you were approaching the intersection?

    If there wasn't maybe talk to another lawyer. It's worth a shot.

    Attached Files:

  12. might sounds like a silly question but shouldn't you of seen it on approach :shock: i can understand tiny little gravel but from the distance photo you can see the surface change colours
  13. a mate of mine blew out a tyre hitting a pot hole in the middle of the road, got a quote for the tyre took a photo and council paid for it.
    Id pm Tramp and ask him as he is a legal eagle. It seems crap that they dont maintain a road yet cant get the to compensate damages cause by their negligence.
  14. Re: Need Some Advice on Compensation

    Then speak to another one.
    It used to be the case that Councils were a protected species as regards claims for negligence and the like.
    That situation changed a while back and they can now be sued.
    I'd find someone willing to do a no win no charge.
  15. Paging, Slater and Gordon, Slater and Gordon, there's a customer wishing to speak to you...
  16. Spoke to whitehorse council - there not liable for rocks being spilt on the road, as they didn't spill it, they cant monitor every road every second,

    told him about someone hitting pothole getting money for it, he said that doesn't happen, they wouldn't pay for it,

    He said where is it so we can go clean it up, told him yeh go do that so you can save someone elses life, and someone elses money,

    Not worth it to go to court, i think it will cost me about $700-800 to get it exactly how it was before the accident, apparntly costs $4K to get a matter in the courts

    Dont have that kind of money now anymore, so guess i'll fix it later on :(
  17. Dig out a letter of demand & send it in to the relevant council person with photos of the road & damage, that should get you some headway at least. There is a sample letter of demand in this forum, I'm pretty sure it's a sticky, but I can't find it right now...
  18. mate thats crap cause i was the one that provided the invoice for the tyre due to their negligence. it was with brimbank council.

    As for courts go through VCAT... $34.80
  19. Guys it wasn't a result of road works. It was gravel spilt on the road. It may have happened 2 minutes before the crash.

    Do you seriously think it's fair anybody but the person/company that spilt the gravel should pay for damage to his bike?

    Councils don't just pull money out of thin air. I'd be pissed if my council gave iraniwarrior money.

    Even in court it's pretty borderline.

    When did you have the accident? "x pm"
    When were council first notified about the spill "y am the next day"
    When did council pick it up "y am plus 60 minutes"

    Magistrate "it is apparent council did everything within their power to solve the problem. Case dismissed"
  20. Is there a depot, cement-works, work-site near there?

    Looks like it all fell off something while it was turning, so look for sources within a corner or two.

    Establish the presence of a company involved with that sort of gravel, match a sample, establish they don't clean their trucks before they hit the road. Package evidence and present to company director with promise not to pursue legal action if they pay for the damage.