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Private Road [nsw]

Discussion in 'Politics, Laws, Government & Insurance' started by virtual_circuit, Sep 20, 2009.

  1. I just had my motorcycle hit while outside my girlfriends house, there is a scratch on the engine casing and also the muffler, it was parked in the curbside, parallel to the curb (leaving heaps of space on the road). It is a rich area and the guy who hit it, (her neighbour) refused to give me his license details say all this crap about it being illegal on a private road blah blah, i am so angry right now i almost took his head off. He only gave me his contact phone number not his license. I am currently sitting her shaking i am so angry as its a brand new bike. What can i do, i am thinking if anyone gives me suggestions on any info i can use etc i would love you so much right now as he is refusing to pay for the scratches to the engine case and muffler. I am almost raging right now and cant think straight. I would really appreciate any help!!

  2. Re: Private Road


    can he go to the police with licence plate and tell them that the driver refused to supply licence details?
  3. Re: Private Road

    You havent stated your state, please update your post to say that as the advice may differ per state.

    Firstly remain calm, cops and judges hate it when you are emotional about these things. Its only a bike.

    Even if it was a "private road" for example if it was a road that was within a complex that was maintained by a body corporate the road rules still apply. He still needs to provide details of his address and he has not done that.

    Are you insured, if so ring your insurer and they will tell you what to do.

    You should also report the accident to the police and have it noted that he did not provide details. Remain calm and just say all you want is the damage repaired. If you be reasonable and ask them nicely they will probably call him on your behalf and get an address for you (as you will need that for the letter of demand/insurer).

    Good Luck
  4. Re: Private Road

    I wouldn't care if it was a normal road, private road or a paddock, if someone hits your bike causing damage and refuses to provide there details, i'd be straight to the police station to make a report and sending my insurance company after him. If it happened in a carpark which is private property he'd still be liable so i think his private road spiel is a bluff, nail him legally
  5. Re: Private Road

    well.... using my head....

    unless he actually personally owned the road, there can be no reason for his lack of liability.

    i cannot imagine anywhere besides his own actual property that you would fail to have a legal argument for damages caused.

    as long as your bike was not parked against any regulations that may exist for that road, i cant really see there being anycase for him not acception liability.

    as stated you should see the police immediately because if you need to pursue this against his claims the timing of your report and your information will be paramount to display his liability.
  6. Re: Private Road

    Based on the facts you have provided I cannot see how he could escape liability. Arguably he could say that you were parked illegally and seek to claim some kind of set-off or contribution from you based on your illegal park. However, at general law, he would need to show that had you been parked legally, the damage to your bike would not have occurred/would have been less or in other words essentially show that your illegal park (not his retarded driving) was the true cause of the accident. Good luck to him trying to prove that.

    In short, he is liable for the damage regardless of where it occurred.

    Call the cops immediately if you already haven't. Sadly, you will have a fair task trying to get them to attend.

    I tried to call them the other night because there was shouting outside my house and a guy was screaming words to the effect of "I'm going to kill you you mother f*cking c%&t" repeatedly. Despite the clear and repeated death threat, the police proceeded to ask me:

    P: oh, we're pretty busy here ya know. Like, there's a lot of stuff going on. What do they look like?
    L: it's 3am and pitch black. I can't see. One human is threatening to kill another human. What more do you need?
    P: how many people are there?
    L: 2. But if you don't hurry up there may only be 1.
    P: do they have any weapons?
    L: again, its pitch black, I can't see.
    P: can you try and get a better look?
    L: it's 3 am, pitch black, and there is a homicidal maniac in a fit of rage outside my house and you want me to walk out there and politely ask him whether or not he has a weapon and if so what type?

    Long and the short of it. The police never came. The shouting died down after a while. No loud bangs. No corpses in the street the next day.
  7. Re: Private Road

    car or bike, even if the car/(bike in this instance) is parked illegally.

    Whom ever hits a stationary object/vechicle is at fault.
  8. Re: Private Road

    "Really, sir? So if I am angry about this and write your car off with a cricket bat, I don't have to pay for it because we're on a private road? Fantastic!..."
  9. Re: Private Road

    As already stated, he would need to prove that had the bike been legally parked the damage would not have occurred.

    Pointless reporting it to police. They are not interested if no one was hurt.

    You could file a claim against him in small claims tribunal for the damage caused.

    Or better still, if you are insured, pass the info to your insurance co. and fork out your excess.
    If he pays up, you get your excess back, if not, prepare to donate a couple of rating points :(
  10. Re: Private Road

    What he said the private road argument is pretty irrelevant here.
    The police won't want to get involved. No one was hurt and there was no "accident".
    Either: (a) involve your insurance company; or
    (b) send him a letter of demand.
    (there are sometemplates in this thread in a sticky).
  11. Re: Private Road

    what, not even for a "failing to exchange details?" I though this was taken pretty seriously. The only time it's happened to me the nob head who drove off copped himself 5 points even though nobody was injured and the damage only cost me a bottle of t-cut to repair
  12. Re: Private Road

    Regarding the private road aspect, unless the entrance is blocked to the public road rules still apply as far as I know. This is why stunters close off carparks etc if they get permission from the owners to use the area.

    Regarding his liability, others with more knowledge have already weighed in, however I would do some research and talk to him straight up with the (legal and accidental) facts. If he doesn't see his obligation I would then take it to both insurance and probably police (simply so they have record of it should you need to go small claims or something?)
  13. Re: Private Road

    My understanding:
    1) Even if it is a private road, if it is open to the public, then the accident lies in the relm of the Police and NSW law.

    2) The way you were parked, whether legal or not, is irrelavent. If you run into a stationary object, it is your fault.

    3) The Police will be interested, as the driver failed to exchange details. This is one of the pre-requists for police action in NSW.

    So go to the Police station that covers the area and tell them you wish to report an accident. They will ask you five questions. One of them will be "did either driver fail to exhange details?". They will either give the guy a ticket, or a least ring him and tell him to give you his details, or face a ticket.

    Don't go to a cop shop outside the area, as this will take months to resolve.
  14. Re: Private Road

    report it, even if theres no police action it will help in a civil.
  15. I talked with the contract lawyers from my work, they basically said serve him a letter of demand. In the letter of demand quote the two important things he said "I am a lawyer you do not want to take me to court" and "i am willing to go fifty fifty". They said he will probably pay up and not want to go to court having these two statements against his name. Otherwise after 21 days i file for a local court that is convenient for me.

    They said that the biggest mistake most people make is to not bother because its only "600 or 700 dollars" one of them said at uni he use to go and sit in the small claims court and see heaps of people win motor accident claims.

    I am going to get quotes this week, and then go and have a chat with him. if he is unreasonable i will serve him with a letter of demand on the spot and take it from there.

    The mistake he made is that i have lots of spare time and have always wondered how the small claims court works =p. I will let everyone know how it goes.

    I got one quote for the damaged today, to replace everything except the muffler will cost approximately $600ish including labor.

    (Some background information i actually have third party property insurance not full comprehensive as i purchased the bike for <$5000 and the insurance quotes i was getting were up close to $2000 so instead i bank $167 a month as self insurance into a savings account =p.)
  16. letters of demand usually do the trick. i had my c/c account debited twice by apple for an itunes purchase ( not my fault ). i called and they said they would not refund the money and that i could use it in their store. not impressed.

    i got a letter of demand of the net, filled out the relevant sections and dropped it into their office. hey presto, for something they refused to do before, i got a call within 2 hours and they refunded within 3 days.

    you can get the sheriff at your local courts to serve it on him for a fee ( in NSW it's $65 or something close ) or you can serve it yourself.
  17. Mods the letters of demand links are busted....
  18. The guy lives in a pretty nice house, so he can obviously afford it. The lawyers at my work recon he will pay once i give him a letter of demand as he would look like an arse in front of the judge. They recon lawyer pride will cut in and he will cut his losses =p. Either way im happy to learn the process if necissary.

    Certainly could be useful in the future to understand the process and make a good story for the kids or when having a beer with some mates =p. Obviously when i retell it to them it will be an epic tale similar in scale to David and Goliath haha