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[VIC] - Hit by a car door, need advice - New Info...

Discussion in 'Politics, Laws, Government & Insurance' started by RainMann, Feb 9, 2009.

  1. G'day all,
    Was riding along Bridge Rd, Richmond the other day, taking my girlfriend to work.
    Approached a red light with a stationary car in front of me, and went to filter past it, between it and a parked taxi. As i did, the passenger in the back of the taxi opened the door and i hit that, then careered off to my right into the side back panel of the car in front of me waiting at the lights.
    The taxi door had minor damage, my front fenders were smashed, and the car had some large dents on its side.
    The taxi company is not being very helpful, and I only have the drivers number plate, and driver number.
    The driver said it wasn't his problem, and the passenger apologised, so who's responsible for fixing my bike and the car i hit?
    Surely the taxi has coverage for damage done by passengers?

    Can anyone tell me what I can do, who I can contact, and what steps I should take? I do not have insurance and I can not afford to fix my Firestorm, let alone the car I hit. I really need by bike up and running as it's my only form of transport to get to work and uni. It's the only vehicle in my household.
    Any suggestions? Cheers


    Ok so I went back to the place of the crash yesterday, after speaking to the taxi's passenger and the driver of the car i hit. They said that the taxi was parked in a tram stop, and too close to the red light. I confirmed this yesterday, took a few photo's, so maybe that will ensure the taxi is liable?
    Anyway tomorrow I am meeting the driver of the car, and we're going to the police station to make a statement.

    Am i out of the woods...? Take a look at this high tech artist's impression of incident

  2. If you have one, tell your insurance company. They will sort it out. Also, report it to the police.
  3. The police don't give a shit unless someone is injured
  4. They did with mine.

    But you gotta realise there is a danger in filtering, so you can't point the bone without acknowledging that bikes working outside of the equation are going to get marginalised.
  5. And any suggestions?
  6. :roll:

    Time to start working overtime
  7. Do you have the passenger's details?
  8. I had a passenger open the door in a lane while I was filtering - the car wasn't parked it was in traffic - expect the unexpected!
  9. Sorry mate but it's your fault. You passed a car on the left in a lane that wasn't clear.

    To not even have 3rd party insurance is crazy.

    Advice?? Buy some lube for the reaming that's coming your way and get a monthly train ticket.
  10. Is filtering legal there?

    Regardless I think you're stuffed. In that situation, the onus is on you to navigate safely and you failed to do that. And 3rd party insurance should ALWAYS be held regardless of what you ride.

    Best of luck with whatever happens.
  11. you're responsible for the bike and the taxi

    Count your lucky stars they didnt pursue it.Taxis do random shit next time you'l be prepared,
  12. im pretty sure taxis arent allowed to let passengers leave the car at the lights like you are describing (as it is very unsafe) but you really need to invest in legal advice.

    even for someone 18 years old, third party insurance is less than $150 a year. hindsight hey?

    maybe invest that $150 you "saved" in some legal advice...?
  13. I'm pretty sure that Alighting from a vehicle when unsafe to do so is illegal.

    I think the driver is responsible for their passengers actions.

    Read some legal books or speak with thetramp, 1st consultation is free if you are a Netrider member.

    You say you hit a door, bounced off that into a car. How much damage did the bike suffer?

    Sounds pretty rideable to me and the only damage is cosmetic?

  14. Potentially countered by passing a vehicle to the left when the inside lane is occupied by a parked vehicle.

    Not cut and dried by any stretch.
  15. Breaking one law is not negated by another law being broken.
  16. No it's not, but if the OP pursues the Taxi company for his costs then I'd expect them to pursue him in retaliation.

    Furthermore since the OP isn't insured and the Taxi company will be it will be expensive to pursue the matter for the OP and not for the Taxi.

    I'd let sleeping dogs lie and chalk this one up to learning a lesson -:

    Get insurance!
  17. Maybe not, but insurance companies do use the concept of 'knock for knock'. That way they can share the cost.

    If the matter went to court, it would also be apportioned on responsibility.

    Riding between a parked car and stationary traffic is always fraught with danger. Especially when taxis are involved. Aside from the financial risk, there is considerable personal risk to doing so.
  18. Yes, obviously.

    I thought that as Cejay was responding directly after a post quoting road rules that he was refering to that, not to the idea of insurance claims.

    My sincerest for any mixups, misconstruisms and any slight caused to gentle readers reading this thread...

    In any case, the pax of the taxi is responsible for the damage that he or she caused to the bike. It could also be argued that the resulting collision with the car is also the pax's fault. Problem is (a) finding said pax to (b) extract one pound (1 lb) of flesh and (c) proving it.

    This fellow's tale about a lack of insurance isn't the first and it won't be the last. Perhaps the mods could consider a permanent sticky that pops up whenever it detects the word "insurance" when a person is about to post a message about "I crashed into a Rolls Royce but my 09 R1 isn't insured and my Centrelink payments can't afford it"...
  19. Re: [VIC] - Hit by a car door, need advice.

    :roll: (this really deserves two rolleyes)

    The taxi's insurance company will try to get out of it as they are fighting a young uninsured student. So you'll probably go to court cos you don't want to pay either and the Magistrate would find you at least partially to blame (and possibly mostly to blame for being too close to the taxi).

    1) Prepare to be financially hurting for some time.
    2) Get insurance before you venture out again. Third party-fire-theft is not that expensive and could save your arse if your bike is stolen or if you hit someones car.