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Seeking Advice, (Update 15/08/07) The on going saga

Discussion in 'Politics, Laws, Government & Insurance' started by The Predecessor, Dec 8, 2006.

  1. Seeking advice on a civil matter after a recent MBA where my bike was damaged beyond repair. Despite the fact that I have sent a 'Letter Of Demand' , the person who caused the accident has so far not been compliant with financial reimbersement or giving me his insurances details.

    Instead has employed his own private investigators to asses the accident. The police have investigated and have concluded that it was the other party who caused the accident and I am no way at fault. I am wondering if anyone has faced similar circumstances and what action they took, all advice is greatly appreciated :)

  2. Has the other party been charged? You cant do anything until that happens I dont think.
    Unless things have changed lately there is no way anyone can be blameless in a traffic accident as we all have to take propper care or words to that effect.

    Hope you can sort it out. :)
  3. To my knowledge, the other party has only been fined with a traffic offence - illegal right hand turn.
  4. You're in Sydney??

    Ring a company called Lawstop. They're based in Hornsby. The lawyer is a keen, keen motorbike rider and specialises in bike crashes. He's good. You should be able to find an add for him in the back of any Aussie m/cycle mag, or just look up Lawstop on whitepages.com.au

    He should be able to at least give you some free advice on how to proceed, and would probably be happy to go with you to court if it came to it.
  5. Yeah, im from Sydney... True, I will look into that, thanks.
    Do you know anyone personally who has used there 'services' ?
  6. Re: Seeking Advice

    There is another accident thread here by chickibabe. Maouth posted some letters / info in that thread.
    (Mod Edit: post the link Tramp it may help)

    awww me bad. scampers under porch,,,,, :p
  7. Got some information from Mark at Lawstop today, was very helpful...

    Off to the courthouse tomorrow to lodge a 'statement of claim'
  8. Good man. Fill us in with any updates when they come to hand. :wink:
  9. Statement of claim has been served on the other party now...
    Just have to wait now, the other party has 28 days to reply.

    Will let you know any new information as I get it :)
  10. Well the 28 day period in which the other party had to reply has passed.
    The other party has lodged a defence, firstly they've asked to have the court moved and that the amount ive claimed for is 'excessive and exorbitant and in excess of the market value of the motorcycle and other items claimed'

    So ive replied to there defence, get this tho.. the court in which the other party wished the proceedings to take place dosent exist.
    The court house has been demolished hahah. Just have to wait for it to be seen by a register whom will decide which court it will be held at.

    One good piece of news tho, is that the other party has now been charged with
    negligent driving causing GBH.

    At the moment looks like its heading towards 'mediation' for now tho, just have to play the waiting game.
  11. Sounds like it's going to work out though, well done.
  12. Sounds like they need a good slap on the head.. with an anvil. What a prick who is in the wrong but tries to deny liability. Ar$eholes..
  13. Well if they are concerned about expensive repairs to your motorcycle maybe they shouldn't have HIT IT IN THE FIRST PLACE.

    I don't think people realise how expensive bikes are to service and repair, and not all bikes are really replaceable, depending on year and availability.

    Hope you win, mate. It sounds like they're prepared to turn up to court at least, which is excellent.
    Here's hoping their legal fees are forcibly inserted sideways, too!

    Keep us posted :)
  14. Exactly!

    I should win, the police are on my side as with all the witnesses.
    Just looking forward to getting this whole drama sorted out, back on a new bike and my life back to normal.

    Will update as soon as I know any more information.
  15. Well, recieved a letter in the mail today from the court house.

    Im off to court on the 5th April for a Pre-Trial
  16. .. or even pre-trial :p

    Good news, keep us posted :)
  17. Orright.

    Take all the evidence you've got + any witnesses and polie reports. Dress well. Be polite and calm.

    All the best :)
  18. Hmmm.. Further reading through the letter:


    10.1 There is no right to call witnesses to give evidance, to give evidance on oath/affirmation or to cross-examine a party or witnesses on oath/affirmation or otherwise in the Small Claims Division

    When I lodged my 'statement of claim' it had to go through the Small Claims Division because the claim was no more then $10,000 (or whatever the figure may be, my claim is just under $10,000)

    10.2. Where a direction has not been given at the Pre-Trial review by the Magistrate, Assessor or Registrar for the attendance of any witnesses at the trial of the proceedings, the proceedings will be heard and determined by each party tendering the written statements of witnesses together with any other relevant documentation or material in support of the party's case. There will be no right to examine or cross-examine any witness. Parties will, however, be entitled to make comments present arguments and make final submissions on the evidance.

    10.3. Where a direction has been given at the Pre-Trial review by the Magistrate, Assessor or Registrar, that a witness attend for cross-examination, the proceedings will be heard and determined on the oral evidance and the written statements and other documents and materials which have been tendered. Submissions on the evidance will also be allowed.

    10.4. The procedure at the trial of the proceedings in the Small Claims Division will be determined by the Magistrate or Assessor as he or she thinks fit.
  19. You can however take written statements of witnesses. You just cannot call "live" witnesses to the hearing.
  20. so that's what happened to the cbr250?
    bastards. beat them like the family mule