KB Legal Brains Trust - please help

[steve_t]

Hey guys.

This has come up before but I can't find the thread cos I don't know what keywords to search for.

Anyway, a friend of mine was waiting to turn right into the driveway of her work. The traffic was flowing slowly as it was busy and the driveway is near an intersection with traffic lights. One of the oncoming cars decided to be courteous and waved to her to go through. She slowly proceeded making sure there were no cyclists or pedestrians nearby. As she entered the driveway, a guy on a scooter who admitted to speeding because he was late, who was traveling in the cycle lane, hit the left rear of her car.
The insurance company have now come back to say that it's her fault for not adequately checking that the way was clear before proceeding. They suggest he is legally entitled to pass on the left of the cars because they had stopped, even if just for that second. He surely must have been illegally undertaking before the incident.
Anyway, what are you collective thoughts?

Cheers peeps

[Big Dave]

>>KB Legal Brains<<

You funny.

[bogan]

I take it she isn't insured then? Since it was a cycle lane, look up the bylaws and see if there is anything prohibiting scooters from using it.

[HenryDorsetCase]

"the insurance company"

whose? She is insured, yes? surely not her insurance co?

were the po po involved (if not, why not?) what is their view?

more info require.

[steve_t]

"the insurance company"

whose? She is insured, yes? surely not her insurance co?

were the po po involved (if not, why not?) what is their view?

more info require.

Yeah, it was the scooterist's insurance co that are blaming her. No popo. As he kept rambling about being late for work, she stashed his scooter at her work and she drove him to his work. The guy or one of the guy's mates came and grabbed the scooter later in the day.

[steve_t]

>>KB Legal Brains<<

You funny.

There are some smart people on here!! And some knowledgeable police officers :yes: You just need to filter out the rubbish :scooter:

[BAY CITY MOTORCYCLES]

I was knocked off my bike by a lady that did a similar thing (but was turning into a street and I wasn't speeding). She was charged by the Police and her insurance company paid for all damages.
This was on Mt Eden road where you're allowed to utilise the bus lanes. As mentioned check out the local bylaws re a scooter/bike being allowed to use them.

[Spearfish]

Scooters cant use cycle lanes to undertake stationary vehicles its no different than mounting the footpath or using the median lane to overtake.
In Auckland if the cameras spot you in the cycle lane or a bus lane outside of hours they send you a big fine.
Technically you supposed to stay inside the same lane as the car or use the other side between cars if the road has two lanes in the same direction.
but
she failed to give way or see the road was clear
but
he shouldn't have been there
but
it could have been a cyclist
but
the scooter created a situation that someone taking a reasonable amount of care couldn't avoid.
:blink:
:scratch:

[Scuba_Steve]

How rear of the car was the hit??? if it was far enough back I would say the scooter should have stopped. If it was the corner 'd say he was actually trying to 'gap' it & failed to calculate the space or the speed she'd move out the way properly.

[willytheekid]

+1 to what spearfish said

Scooters are NOT allowed to use a cycle lane! AT ALL.
the insurance company is trying to weasel out of this and push the blame on your friend. (its what there good at!)

A cycle lane is only for cycles, not motorcycle's, scooters cars etc.
Scooter specific info from "the man" :yes:
http://www.nzta.govt.nz/resources/roadcode/motorcycle-road-code/about-other-road-users/information-for-moped-riders.html

And further more, the rider admitted speeding!, when undertaking stationary traffic the rider MUST be going less than the posted speed limit and must be ready to merge at all times once the traffic starts moving again, so in this case the rider is riding dangerously and illegally undertaking! so clearly at fault.
Tell your friend to contact the local police and or a lawyer....shes gonna have a field day on this one :yes:

[BAY CITY MOTORCYCLES]

My appologies...my incident happened in a BUS lane not a cycle lane :facepalm:
No doubt there will be legal differences as others have pointed out.
Good luck with your g/f's case :yes:

[steve_t]

Cool. You guys seem to be on the same page as me. Thanks :drinkup:

[Gremlin]

Spearfish saved me lots of writing... that's my thoughts...

[tigertim20]

Hey guys.

This has come up before but I can't find the thread cos I don't know what keywords to search for.

Anyway, a friend of mine was waiting to turn right into the driveway of her work. The traffic was flowing slowly as it was busy and the driveway is near an intersection with traffic lights. One of the oncoming cars decided to be courteous and waved to her to go through. She slowly proceeded making sure there were no cyclists or pedestrians nearby. As she entered the driveway, a guy on a scooter who admitted to speeding because he was late, who was traveling in the cycle lane, hit the left rear of her car.
The insurance company have now come back to say that it's her fault for not adequately checking that the way was clear before proceeding. They suggest he is legally entitled to pass on the left of the cars because they had stopped, even if just for that second. He surely must have been illegally undertaking before the incident.
Anyway, what are you collective thoughts?

Cheers peeps

this is why women shouldnt be on the road.
and tell the fag on a scooter to get a real fucking bike

[iYRe]

In Auckland a motorbike/scooter cant fit in a cycle lane (technically) and would be effectively overtaking on the left utilising the shoulder, which would be illegal.
If it was a bus/cycle/bike lane, then the person turning right gives way to ALL straight through traffic regardless of which lane it is (and we are entitled to use that bus lane) in AK.

If he was speeding, then he is at fault, but proving the difference between 50 and 60 kmh or something is reasonably tricky (as opposed to say, 50 and 100kmh).

I bike and cycle from manurewa to the CBD every day (I alternate between pedals and engines), and utilise these lanes all the time.. I cant tell you how many times I have nearly been hit by people who just turn because someone in the "main" lane has stopped to let them through.. There is 2 lanes, and you have to give way to traffic in both of them (unless of course, you want to be the ornament on the front of a bus) :P

[Ender EnZed]

this is why women shouldnt be on the road.
and tell the fag on a scooter to get a real fucking bike

+1

Unless the scooter had some sort of invisibility device she should've seen it. Cyclists can do 60km/h on the flat when they're late for work too.

[Hopeful Bastard]

As said before. He admitted to speeding and he was in a cycle lane. Go check your council bylaws/signs for the cycle lane to see if anything else is allowed in them.

But, He is in the wrong for speeding whilst passing stationary traffic. That right there, is your way out.

[Usarka]

Fuck the police.

[Scuba_Steve]

best I can find he (scooter) is in wrong, as unlike bus lanes there is no superior national law & the Auckland bylaw states as follows



Special vehicle lanes and cycle paths
25.17 Special vehicle lanes

25.17.1
The council may by resolution specify the location of special vehicle lanes.

25.17.2
Any special vehicle lane specified under clause 25.17.1, is a "special vehicle lane" as that term is used is the Land Transport (Road User) Rule 2004. A special vehicle lane must restrict the use of a lane to a specified class or classes of vehicles and must be one of the following:

Bus lane;
Cycle lane;
Transit lane;
Light rail vehicle lane;
Restricted vehicle lane.

25.17.3
No person may use a vehicle traffic lane specified under clause 25.17.1 in a manner contrary to the restriction applicable to that type of lane.

25.17.4
Any special vehicle lane specified under clause 25.17.1 shall be evidenced by the appropriate signs and markings.

And a cycle (by legal definition)


cycle—
(a) means a vehicle that has at least 2 wheels and that is designed primarily to be propelled by the muscular energy of the rider; and
(b) includes a power-assisted cycle


Auckland by-law if anyone wants it (http://www.aucklandcity.govt.nz/council/documents/bylaw/part25.asp#17)

[HenryDorsetCase]

best I can find he (scooter) is in wrong, as unlike bus lanes there is no superior national law & the Auckland bylaw states as follows


And a cycle (by legal definition)


Auckland by-law if anyone wants it (http://www.aucklandcity.govt.nz/council/documents/bylaw/part25.asp#17)

yeah, but it was a BUS lane, which the scooter (it appears) is OK to use. I think even if scooter is speeding, he will walk and its the cars fault. Righ the insurance and abdicate all responsibilitiy.

[oneofsix]

yeah, but it was a BUS lane, which the scooter (it appears) is OK to use. I think even if scooter is speeding, he will walk and its the cars fault. Righ the insurance and abdicate all responsibilitiy.

Wher do you get BUS lane from?
from OP

who was traveling in the cycle lane,

[Hopeful Bastard]

As she entered the driveway, a guy on a scooter who admitted to speeding because he was late, who was traveling in the cycle lane, hit the left rear of her car.
The insurance company have now come back to say that it's her fault for not adequately checking that the way was clear before proceeding. They suggest he is legally entitled to pass on the left of the cars because they had stopped, even if just for that second.


yeah, but it was a BUS lane, which the scooter (it appears) is OK to use. I think even if scooter is speeding, he will walk and its the cars fault. Righ the insurance and abdicate all responsibility.





Nope... Pretty sure it reads Cycle lane....

Scooter is in the wrong. End of.

[Usarka]

The fact that the scooter was in the wrong lane or speeding doesn't necessarily mean that the OP's friend is absolved of all liability. As someone stated above it could have been a cyclist in that lane (and doing 60kph!).
hit the left rear of her car.

But the bit above must add weight to teh argument....

(does a bush lawyer go commando?)

[HenryDorsetCase]

Wher do you get BUS lane from?
from OP

my bad.......

[5150]

Fuck the police.

No thanks. Got a headache :sick:

[HenryDorsetCase]

Fuck the police.

Its "Tha" I think you'll find. ;)