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VIC Soft asphalt, bike tipped over. Is it my fault?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Maxim Balaganskiy, Feb 20, 2016.

  1. #1 Maxim Balaganskiy, Feb 20, 2016
    Last edited: Feb 20, 2016
    3 weeks I had it and it fell... The side stand just sank very deep in a shit asphalt patch. Damn, I could even bent it with my finger and there was very little of it - thin layer and then some soft material.
    Is it my fault or I can bring council into this?

  2. Write a letter of demand to the council
  3. Would it make any difference not in my favor if it was parked on a footpath?
  4. Is it legal to park on footpath where you live?

    Send a letter of demand anyway. Its only what a dollar for a stamp?

    Btw favour has a u we are not seppos
  5. #5 Maxim Balaganskiy, Feb 20, 2016
    Last edited: Feb 21, 2016
    Yep, Melbourne...

    Chrome marked it as incorrect... wrong settings probably :)
  6. Bent handlebars - around $40
    Dinted tank, scratched back fairing, mirror, clutch lever, steel muffler protector.

    And damaged pride :)

    The bike is cb900f.
  7. Please provide the total cost for repairs.

  8. muffler protector $172
    aftermarket handlebars $40
    aftermarket mirrors $44
    aftermarket clutch levers $45
    grab rail $140
    cowl and tank paint ~$500
  9. a bugga that. our sympathies. what JustusJustus mooted, & in addition, you could - if your real keen mind you - email council /which council? & your insurance co., asking very politely, on behalf of the m/cing community? wtf are we supposed to do given the circumstances. went thru similar expensive process way back when with a NSW council & my beloved custom outfit. buckleys.
    has much to do (about legalese BS) with so called 'tort' Law & nonfeasance, "Wrongs & Other", "Civil Liability" Acts. the not so recent amendments & THIS overview.

    off topic disclaimer:
    no apologies warranted for the non caps, typos or errors due to non queens english displayed on your flat screen. life is about choices. language develops whether you approve of it or not. sןıɔunoɔ uʞɟ uɐɥʇ ǝɹoɯ ɟɟo ǝɯ ssıd sızɐu ɹɐɯɯɐɹb ʎpooןq:banghead: refer: Terms of Service & Rules. Madison: Teacher, kin yew barry me a pin?Teacher: Madison, don't you know the Queen's English? Madison: No ma'am. Is she?
  10. City of Stonnington
    Called them immediately, but, being that day a Saturday, got only an operator registering my call. Will follow up on Monday.

    As for insurance - no comprehensive, unfortunately... But even if I had it, an excess would be around the same which kind of makes it useless.
  11. It's no different in this case. See below.

    Thanks for providing relevant information. The reason for requesting this information is important ie. it determines whether or not your claim, as it stands, will succeed or not. Based on repairs of $1,153.00, your claim would fail. This is the reason I advised to discard Vertical CVertical C message as he has no knowledge of law and processes.

    Provisions of the Road Management Act 2004 requires the person claiming compensation for property damage arising from the condition of the roadway/footpath to pay the "threshold amount", regardless of liability. This is akin to paying an excess when making a motor insurance claim through your insurer.

    The government sets the "threshold amount" each year. For the 2015/16 financial year, this amount is $1,350.00 of any claim, which is greater than the cost of repairs ($1,153.00).

    See s110 - Limits in relation to liability for property damages

    Now if it turns out that the cost of repairs is more than $1,350, you will need to provide details of the incident and why you believe Council is liable. The request you are making is based in negligence, therefore, you need to provide clear evidence that the incident occurred due to Council’s negligence. Simply stating that the Council is liable because it is their footpath or land is not sufficient for your request for compensation to be accepted. You will also need to provide supporting documentation to substantiate your loss, including a minimum of 3 photographs in support of your request for compensation showing the areas of your property that sustained damage, and where the incident occurred.

    You do not send a letter of demand by post either. Contact the council, or search their website for the application for compensation, complete it and and submit online.

    • Informative Informative x 5
  12.  Top
  13. I would say no, the design criteria would have a much lower loading requirement, otherwise it would make footpath construction much more expensive.
  14. Thanks for you time Justus. Really appreciate it. Seems like I'll have to take this bullet...
  15. #15 Ozbiker1, Feb 21, 2016
    Last edited: Feb 21, 2016
    we tried to argue, & that was before they updated the legislation, that council was negligent given they had ignored several formal requests to repair the road surface. = therefore proving negligence under most circumstances. NA. epic fail given geriatric (anti biker / bikie) magistrate out Kyogle way. (elected to have the matter heard in local court nearest to our location - bad move). forget why's & whereforeartthoanasshole reasons, most probably lies & more lies. $4 grand or so later & we're the non litigious type anyway, let 'em live with the guilt if there's any such thing, given our dodgy overlords of the day.
    upon thrashing this out with old mates in the legal trade we all agreed (after numerous homie ales & blutwurz I might add) that the manufacturers really need to up the anti "in this regard". for the sake of a few cents, they could include a 'kickstand puck', w/- logo as oldcorollasoldcorollas has mentioned. very common in northern hemisphere states for the obvious reasons.
    In fact I was thinking Netrider may offer these in due course. Great PR. I was considering an order for the boyz AND gerliez.. personalized logo & all ! (approx .72 cents AUS each)

    Maxim BalaganskiyMaxim Balaganskiy , re: insurance. these pundits, even if you only have CTP, have a free advisory service which they are obliged to offer. all you need is a helpful bunny. RACV are an option as well.
  16. It worked for me when the same thing happened.

    Why is it bad advice?
  17. They could make it like a stamp, so it brands the soft surfaces it's used on...

    "oh look, a Suzuki was parked here!"
    • Like Like x 2
    • Funny Funny x 2
  18. More than once, councils in Melbourne have charged riders the cost of repairing the footpath when this has happened, and it's been quite steep.
  19. Problem with them of course is the cheap ones get knocked off.
    Billet machined ones @ $5 each may be a tad too expensive for 'promo pucks'.
  20. This is because they were actually installed. Stock ones survived in a box :)
    So, I am inclined to skip on quotes because it's another $250 with very little chance to get it back :(

    This is just unbelievable! Is that legal at all???!!!