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[VIC - Melb] And there she lay; Motionless at my front door!

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Tribos, Nov 29, 2007.

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  1. Claim it, that's what insurance is for

    100.0%
  2. Get it from the council, you are a rate payer after all

    0 vote(s)
    0.0%
  3. Harden up - chicks dig scars!

    0 vote(s)
    0.0%
  1. Hi All - has anyone had a day like this?

    Wednesday arrive home at 6:15 pm - as usual park out the front on the foot path. Race to the PC to read Netrider and at 7:05 the doorbell rings.

    Bloody kids, me thinks, and races down stairs to catch em... (they always get away). Open the front door and there she is....

    My beautiful bike, half on the road yet half hanging off the gutter... helpless and (despite being a CBR1100XX) slightly pathetic looking

    :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil: :evil:

    I pick her up. It was surprisingly easy. And surprisingly easy given that the side stand was sticking about 15 cm into the footpath; Yep poked a hole straight through the bitumen!!

    Hmm - it was a hot day, probably not kids after all!

    Petrol has leaked out, bike is scratched in a way that makes it less beautiful, the indicator lens is pushed in, the exhaust is scratched... But it fires-up first go blowing clouds of smoke down the street.

    Eventually the smoke clears, the dust settles, the bike is scratched and I'm wondering whether to claim on my insurance or, considering the foot path collapsed under my bike, asking the council to pay. So it is over to you...

    Does anyone have any experience with a similar situation? Ever heard of a council paying out for this type of incident?

    :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?: :?:



    Many thanks

    Steve
     
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  2. IMHO you are trying to shift the balme of your decision to park it there, Your choice, you just chose the wrong place. You can't blame anybody else for that.
     
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  3. The cheaper option to yourself is ALWAYS worth a try.

    They can only say no and then you claim on your insurance anyway.

    Get a quote for the repairs: send it to the council with photos of your bike and the hole where their "substandard laid and maintained roadway collapsed, causing damage to a ratepayer's vehicle'.
     
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  4. Bikes sink into bitumen all the time (especially in hot weather) and you have to be aware of the risk. As much as I hate to say it, I think you will have to wear it and the council will tell you that it's your problem.
     
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  5. I believe I have read that local councils are legally immune from responsibility for maintaining infrastructure in this way. Given that nothing can be kept perfect all the time. Only if they are guilty of negligently failing to deal with a known problem (or something like that).
    Insurance. Or just suck it up :wink:
     
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  6. Re: [VIC - Melb] And there she lay; Motionless at my front d

    You have a bitumen footpath? Don't believe I've ever seen one before. Just outta shear interest, what suburb has bitumen footpaths?

    Since the council has no reasonable expectation that a motorcycle would park on a residential footpath, they have no responsibility to provide for it, and thus no negligence.

    Work out your damages, and decide if the insurance claim is worth it. Don't forget you have at least 3 years of higher insurance premiums to factor in.
     
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  7. Thank you. Humble opinion has been noted. I parked the bike in the same place that I always park it - I have been parking in that very same spot since mid April 07.

    What would your opinion be if I had parked it on the adjacent road (which is substantially made of the same material) and the side stand had punched a hole through that? Not withstanding the comments others have made already, can I expect more from a road?


    Yep, shift the blame... ease the personal burden and reduce the possibility of increased premiums; before going down this route I'd like to know if anyone has ever succeeded - I'm looking for precedent.

    titus, Withnail, Mouth - I think you are probably correct, however I have heard the most ridiculous stories of people tripping over tree roots or raised bricks and getting a pay-out from the council...

    And for the record, I have heard of only one specific instance of a bike being damaged in the manner that I described (although I'm sure it is common), and in that instance it was rumoured that the insurance company pursued the council... (looks like everyone is out to shift the blame) hence the real reason for the question, could it be true? I'm looking to cut out the middle man (sigh, shift the blame, and protect my no-claim bonus and low premium).


    As per the original post - I'm looking for hard facts, thanks for reading and responding :cool:

    Bitumen is not an uncommon foot-path surface, I'm talking about the black tar stuff that is typically used for roads, anyway I'm in 3003.

    Thanks for your feed back - BTW had fun reading the poll, keep 'em coming.

    Cheers

    Steve
     
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  8. .........
     
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  9. This is pretty much right. Sorry don't think you will get very far.
     
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  10. Correct me if I'm wrong but doesn't the VicRoads pamphlet on footpath parking warn against parking on bitumen as it's been known to get soft and cause the bike to fall over.

    Be happy it didn't fall onto a car parked next to it as you'll be paying to fix that as well.
     
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  11. The council might send you an invoice, for poking holes in their bitumen. :cry:
     
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  12. Thanks - probably right, but what if syntor is right?? :shock:

    Actually it missed my girl friend's car by only a few inches, lucky she parked 2 feet off the gutter; she's always thinking ahead :p

    Not wanting to digress too much, what if the bike had hit a car? Who would be at fault if a car parked next to a bike (that was already there) and then the bike fell on the car? After all they exersise their choise to do so...

    Hmm that would've been a good place to look :-w (Um - so what does it say?) Also - VicRoads and Councils are different entities so what VicRoads say in their literature may not have much bearing on the council's position.

    Thanks - I should probably clarify - I'm not specifically looking to claim off the council - merely trying to get a handle on what my options are. The flavour of replys in this thread seem to be that pursuing the council will be non-productive; Oh yeah - and that chicks dig scars!!

    syntor - that is an evil thought :twisted: How could you suggest such a thing? Did someone put you up to it? I don't think the council would try to shift blame... :-w

    Cheers
     
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  13. Well, a car parked legally at the kerb is probably more legally parked than your motorcycle on the footpath.

    Then again Bikes are allowed to park on footpaths within guidelines so if you bike hit a car it would be the same as a car not parked with it's handbrake on rolling into another car, the hitter (bike rider/owner) would be liable for the hittee's (car owner) costs :wink:
     
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  14. Moike a fellow netrider had that where he parked his bike on the sidestand on a bitumen footpath, the footpath was hot the bike toppled onto a car, he had to pay the damage to the car. Best not to park just on the sidestand on bitumen on a very hot day or place a squashed tin or even a spare glove under the stand if there is no other option..
     
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  15. Tribos, its a sad day, your shiny new Bird is scratched and dented, a little embarassed and in need of a hug :oops: .

    Get the insurance quotes, contact the council and see how you go. :)

    MG it is almost impossible to get touch up paint to match the black 'Bird, because of the gold flecking thru the paint. If you can find touch up paint that is an exact match for under $60, please PM me, I could give it to my Husband for his birthday :grin:
     
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