Hit and run (but got the rego. number)!

[Karsten]

On Wednesday I rode my Tiger along the Manukau road (two lanes) on the left side, the car was on the right, I kept some distance just in case he would change lane. But what happened next I was not prepared for, suddenly the guy brakes hard and try to get into a street on the left side, so no chance for me to avoid the accident, I just try to brake but hit him on the left side, we got tangled up over the next 5-10 meters then finally he turned right and I hit the street. The guy stopped 50 meter down the road got out of his car and inspected the damage on his car, then locked at me got back in his car and drove off, what a F…. A….. H…., lucky I walked way, witnesses gave me the rego number and Police showed up within 2 minutes and took my statement.
The bike is pretty much F….. $7k just for parts.
I guess he has no insurance and I have only 3rd party insurance, so I tried to claim for $3K for accident with an uninsured driver, however ami believes this does not apply to motorcycle.
Has anyone ever had a similar problem and can give advise?
Any other advice to get some money out of the guy?


Any help would be appreciated from a bruised but still alive bike rider

[Meekey_Mouse]

Hey Karsten, sorry to hear about your bike but glad you are ok :yes:

Apart from turning up at his door with a few other bikers and baseball bats... I don't know how you would be able to get some money out of the jerk.

Hope you figure out a way though... he deserves to get broke for doing that to you and your bike:angry:

P.s I don't recommend the baseball bat idea :innocent:

[Grub]

That's nasty stuff. I am salivating over the cops having his rego and anticpating all the charges he will face. Leaving the scene, failing to assertain if anyone is injured, dangerous driving ... all good heavy fine /loss of licence stuff.

I know that doesn't fix the bike, but doesn't it feel just a little bit better?

[Ivan]

man that sucks dude,


I feel for ya theres some fucking wankers out there.

Bummer bout bike,


THe good thing is bikes can be fixed a person cant

[Highlander]

That sucks. Bad enough to get tipped off but so much worse the way this has happened.
Lay a complaint with the Police, when they send him off to court for the varierty of offences you may get some in reparation.

welcome to KiwiBiker.

[Calo]

What a wanker! :angry:

Glad you're ok, shame about the bike.

[Disco Dan]

Welcome to KB, nasty first post there...

post up the number plate of the car.... in big font for all to see...

Im sure one of the KB plods could give us the address and we could 'pay the guy a visit'. :yes: :yes: :yes:

[Dodgyiti]

Let us know what they are going to charge him with, and how it goes in court please. Would be nice to have the book thrown at him, if they don't- sort him out yourself.

[Karsten]

may be we should create a biker “repo” drive once a week where are visiting all together our “car driving friends” without insurance which have not paid for the damaged they caused us.
Just a thought (not to serious) :Punk:
Karsten

[scumdog]

That's nasty stuff. I am salivating over the cops having his rego and anticpating all the charges he will face. Leaving the scene, failing to assertain if anyone is injured, dangerous driving ... all good heavy fine /loss of licence stuff.

I know that doesn't fix the bike, but doesn't it feel just a little bit better?

Hmm, a rather nasty situation to get caught up in, you did glad to get out of it in one piece (relatively).

Regarding the above comment by Grub:
I just hope the car was not a stolen one the cops stopped chasing 'cos they read all the reasons for NOT chasing on a KB thread...:whistle:

If it IS a stolen you're likely to be shit out of luck.:yes:

[bistard]

Go straight to the Police, you should not have to put up with shit like that,have you got witnesses names etc??
Dont fuck around !!!!!

[Eurodave]

If the mofo refuses to pay, just take him to the small claims tribunal.....,simple to do, cheap & very effective :)

[0arbreaka]

Fuck man that sucks big time, any idea what is happening with the police side of things? Maybe you should send some people around to collect some sort of collateral untill the damages have been payed. The small clains court is bullshit, halve the time the bastards dont even pay out.

[Timber020]

If it was a stolen car I doubt youd stop to check for damage. Of course just the plates could be. Good to hear you came off better than your bike.

[gamgee]

ring AMI inform them of the accident, and inform them you will be in on Monday to sort it out, don't try to sort out your payout over the phone as most of them are the typical clueless phone operators, I have had 3rd party insurance on a bike with AMI before and there is definitely a clause in there for innocent party protection, provided you can give some way to identify the party at fault, which you obviously have, and anyway, the guy who is at fault will probably have to pay either you or your insurance company back at $5 a week for the rest of his miserable life

[Karsten]

Talked to police on that day and they are keen to charge him with reckless driving, causing accident and leaving (or similar).
Phoned up today and ask for update, seams they still haven’t talked to him by now. I have his address and car licenses info, rego expired just a day before the accident, may this spooked him. Last WOF on 17/02/07 and the guy did not run straight away, don’t think the car was stolen.
I may just drive to him, see if the car is there and call the Cops and tell them I found the car which was involved in hit and run, may I get some more action out of them.

I will keep you guys posted if I get more info.
Cheers Karsten

[Highlander]

Better to get AMI to fix your bike and him to pay them $5 a week for 10 years or what ever rather than you waiting for the dosh to get it fixed.

[crashe]

First off......... Welcome to KB.

FARK...... glad to see you are still with us to tell the story.

Hope the police find the dude and charge him.

All the best in getting your bike back on the road.

[Duc]

If the mofo refuses to pay, just take him to the small claims tribunal.....,simple to do, cheap & very effective :)

Avoid the small claims court. Its a real 50/50 with "amateur" adjudicators and its limited to $5k ( I think). It can go either way there and it does not seem to reflect anything to do with Law or logic.

[crazybigal]

yeah at $10 a week!


If the mofo refuses to pay, just take him to the small claims tribunal.....,simple to do, cheap & very effective :)

[crazybigal]

i think its more like $7k


Avoid the small claims court. Its a real 50/50 with "amateur" adjudicators and its limited to $5k ( I think). It can go either way there and it does not seem to reflect anything to do with Law or logic.

[imdying]

If it was a stolen car I doubt youd stop to check for damage. Of course just the plates could be. Good to hear you came off better than your bike.That's what I was thinking, doesn't sound like the sort of thing you'd do if it were stolen.


Avoid the small claims court. Its a real 50/50 with "amateur" adjudicators and its limited to $5k ( I think). It can go either way there and it does not seem to reflect anything to do with Law or logic.Heh, not even called that anymore. It's the Disputes Tribunal, and I think the limit is about $12000 ($60 filing fee), although it can be higher if both parties agree. It does in fact reflect the law, but also a certain amount of social responsibility. Regardless, you won't lose more than $60, and call always sue them through the district court if required.

Post all the facts here as they come to light, the Auckland crew can probably convince this guy that he's in the wrong and wants to pay. :nono:

[geoffm]

Best of luck with the Disputes Tribunal - the judgement is a lottery draw, and even if you "win", best of luck collecting if they don't want to pay. It is up to you to chase them down and get the dough, and if you coudl do that, then you wouldn't have needed the courts anyway.
Since you have their details, you are well on the way there. I like the idea of calling the cops when you are outside the guys gate and the car is there. See if you can follow him to work one day and find out where he works. For bonus points, get the cops to arrest him and charge him at work :-). Once he has been charged, then the Disputes Tribunal claim is a lot easier if you have to go that way. AMI should also be more willing to ante up, since it makes it easier for them to collect.
Once this is sorted, I suggest shopping around for insurance. AMI have been good for the cars and house, but with the bikes, I was able to get full cover for the RD350 for less than AMI were charging for TP. Overall with 3 bikes I saved $800/yr. THis was through Kiwibike.co.nz
Geoff

[imdying]

Best of luck with the Disputes Tribunal - the judgement is a lottery draw, and even if you "win", best of luck collecting if they don't want to pay. It is up to you to chase them down and get the dough, and if you coudl do that, then you wouldn't have needed the courts anyway.They get 28 days to pay, and then the district court enforces it, iirc.

[JimO]

If the mofo refuses to pay, just take him to the small claims tribunal.....,simple to do, cheap & very effective :)


they dont enforce payment

[judecatmad]

M8!!! I'm really sorry to hear that - what a prizewinning arsehole eh?

I'm glad you're OK. You should definitely challenge AMI on their 'car only' policy relating to being hit by uninsured drivers. If it's not stated as such in the policy doc or schedule then you have a good solid case.

Let us know how you go.

[imdying]

they dont enforce payment
Other than the district court, your options also include BayCorp :yes: Or Black Power if that's your thing... any debt collector will do.

[5cotty]

I cant believe any human being would drive away from somone who may be injured... What an utter F@#%#N scumbag loser!!

I got smoke comin out my ears!! :mad:

Glad you are OK :yes:

[scracha]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

[Disco Dan]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

+1 im in... :yes:

[terbang]

The pickkie you posted sure makes me cringe. A sad sight indeed. You are Ok which is most important and the machine can be fixed, it's only money.! So who pays? Ethicly it is the moron who knocked you off and then did a runner who should automaticly cough (or be made to) up. However in the real world stories get made up and memories fade and it also looks like the cops are dragging the chain and your insurers are playing their game. Get onto the lot of them includung your witnesses, chase them up until they start talking a better tune to you. The scotsman in me says they pay... If the cops charge this prick then your insurers, if you have an appropriate clause, will probably follow suit and eventually pay you out. Remember the squeaky wheel generally gets oiled.

[KLOWN]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

i'd be there! :angry:

[mazz1972]

Sorry to hear of your accident!

Go back to the cops ASAP and tell them you are severely out of pocket (have a list) and that you need them to request reparation...then theoretically the judge *should* order the dickhead to pay up. Actually getting your money is another matter...especially if he does a disappearing act.

[Duc]

Information from the Disputes Tribunal Website.
Note the use of the term "referees" and also "their decision is final"

INFO:
If you have a dispute with someone and you can’t settle the dispute yourself, your nearest Disputes Tribunal may be the answer.

SECTION 1

Got a dispute? maybe we can help

Disputes Tribunals are:

informal
inexpensive
quick
private
Disputes Tribunals are not like formal courts. There are no lawyers or judges.

Disputes are heard by a referee who has been carefully selected and trained. A referee is someone who will either help you to come to your own solution or will determine your dispute. Any ruling they make is binding and will, if necessary, be enforced by the Courts.

When can the Tribunal help?

The Tribunal can deal with many disputes. You can take a dispute to the Tribunal even if you have agreed in writing not to, or a contract says "no responsibility accepted".

The dispute could be about:

whether work has been done properly
whether goods purchased were what you asked for
the amount charged for work done
- damage to property: for example, a car is damaged in a collision or a lawnmower lent to a neighbour is returned damaged

loss of property: for example, someone borrows a bike and doesn’t return it
payment for a loss caused by misleading advertising or misleading statements made by someone selling goods or services: for example, an advertisement which suggests speakers are included in a sound system, when in fact they are an extra cost
whether a boundary fence needs replacing or how costs will be shared
hire purchase agreements
denying that you owe money for an account sent to you.
The dispute could concern an amount up to $7,500 or, if everyone involved agrees, up to $12,000. If your dispute involves more than these amounts, and you want the Disputes Tribunal to deal with it, you must reduce the amount you are claiming.

The Tribunal cannot be used for:

rates, taxes, social welfare benefits or ACC payments
disputes about parenting or care of children
matrimonial property
disputes about wills
disputes about ownership of land
the value of goodwill (with a business that is bought or sold)
trade secrets or other intellectual property such as copyright.
How to bring your dispute to the Tribunal

Contact the Disputes Tribunal at your nearest District Court. The staff there will help you. You will be given a form called a "Claim Form". Turn to page 4 of this leaflet to see what this form looks like and how to fill it in.

You will have to pay a fee. However, as no lawyers are involved you will not be faced with a lawyer’s bill unless, of course, you choose to seek legal advice before the hearing. Lawyers are not entitled to attend a hearing with you or appear on your behalf.

If a claim is lodged against you

You will be sent a notice informing you of the claim. You will also be told when the Tribunal will hear the claim. You can then do any of the following:

You can contact the person making the claim and try to settle the matter without going to the Tribunal.
You may attend the hearing and defend the claim.
If you consider you have a claim against the other party, you can file a claim in the Tribunal. The Disputes Tribunal staff will tell you how to do this. It should be done as soon as possible. Both claims will be heard at the same time.
You may apply to the Court to have your claim heard by telephone conference, normally if you live more than 100km from where the claim is being heard.
Insurance

Disputes in the Tribunal often involve insurance. Your insurance company is entitled to take part in the Tribunal hearing if it has paid you for the loss or damage, or if it might have to pay. If you intend to take a dispute to the Tribunal and insurance is involved, contact your insurer immediately. Tell them about the dispute.

If a claim is lodged against you and you think you can claim insurance, you should also contact your insurance company immediately.

5 Write down the general details of your dispute, for example:

what happened?
where did it happen?
who was involved?
what was the damage, or what was your loss?
6 Describe what you have done to try to resolve the dispute.

Please remember the Tribunal does not collect bad debts. You should provide the other party’s reasons for not paying to show that the claim is disputed.

7 Sign your name and give the date.


SECTION 2 How Disputes Tribunals work

How to prepare for the hearing

Preparation for the hearing is important. To help you prepare for the hearing, it is recommended that you view the video "Settling Disputes Simply" - you can call in to the Disputes Tribunal office at your nearest District Court and view or borrow this video free of charge.

At the hearing each person involved will tell his/her side of the dispute.

It is a good idea to:

write down what you want to say before you come.
bring to the hearing any letters, forms, invoices, sales slips, receipts, copies of contracts, photographs, quotes for repairs or anything else which will help to establish the facts about the dispute.
bring any witnesses who can support your claim: for example, a neighbour who saw what happened.
Do I need to be there?

Yes

If you are the person making the claim, your claim will be dismissed unless you attend.

If a claim has been made against you the Tribunal can make an order, even if you are not present. If for some reason it is impossible for you to attend, contact the Disputes Tribunal staff immediately. You may be able to have the hearing postponed.

Can I bring a support person?

Yes, in some circumstances the Tribunal may allow you to bring a friend or support person. However, they must not say anything at the hearing unless asked to speak by the referee.

Can I have someone represent me at a hearing?

In most cases you are expected to make your claim, or defend a claim made against you, yourself. That is, you have to represent yourself. However, there are some special circumstances in which the Tribunal can allow a representative to put your case for you.

The Tribunal may allow someone to represent you if:

You have a special disability which makes presenting your case very difficult: for example, if your disability causes serious communication problems.
You are less than 18 years old.
You are a company or other organisation, and the representative is an officer, employee, or someone with a majority interest.
You are making the claim jointly with another person (or a number of others), or a claim has been made jointly against you and another person (or a number of others), and you want to be represented by one of these other people.
You can show the Tribunal that, for some other good reason, you are unable to present your case.
If you think you need a representative, please contact Tribunal staff immediately. The Tribunal has to agree and approve your representative before they represent you.

Please also remember, if you are allowed a representative, they cannot be a lawyer.

What happens at the hearing?

Tribunal hearings are private and informal. Members of the public and the press are normally not allowed in the hearing room. The referee will normally ask the person making the claim to give his/her side of the story first. The other person will then be asked to say how they see the situation. You will need to show the referee any documents relating to the dispute.

The referee will hear from any witnesses who can provide evidence. The referee will ask questions of each party and of any witnesses. You will also be able to ask questions. The referee may feel that they need to know more details about the dispute than you or the other person have brought to the Tribunal. If so, they may adjourn the hearing and call for an independent report on the facts from a person called an Investigator. You will not have to pay for this service.

What can the Tribunal do?

The referee will encourage both parties to discuss the dispute and may suggest ways in which it might be settled. If an agreement is not reached, the referee will make a decision. Referees are required to give either oral or written reasons for their decision.

Both agreements and decisions are binding and can be enforced in the same way as an order of the District Court.

Please note: the making of an order for the payment of money does not guarantee that payment will be made. You may find that you will need to take action to enforce the order if payment is not made.

SECTION 3 After the Hearing

What happens after the hearing?

Rehearing

You may apply for a rehearing if you believe you have good grounds for it - you will need to provide reasons and evidence to support your application. This will be dealt with by the referee who heard the original case. An application for rehearing should be made to the Tribunal within 28 days of the Tribunal’s order.


What happens if the order is not complied with?

You may apply to have the order enforced. Contact the Collections Unit at your local District Court.

[zadok]

The driver is an absolute prick. Hope it all turns out alright for you. My last accident (GTR written off) was because of an idiot car driver. Fortunately I was comprehensively covered, as the driver wasn't insured at all! I have put crash bars on my Tiger to hopefully reduce any damage from an off. Judge Judy would take this prick to the cleaners.

[MSTRS]

Whatever you do, don't let it go. Keep on at the cops and insurer. Disputes Trinunal (Small Claims) goes up to $7500 but if you can get agreement from the respondent (HA!) that can be extended up to $12000.

[Macktheknife]

Bugger about your bin mate, glad you are ok though.
Stay on this, don't let the insurance Co off the hook either, they should not be able to discriminate against a vehicle type unless it is specifically stated in the contract.
Welcome to KB too, hell of a way to make an entrance!
Keep us informed of your progress.

[0arbreaka]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

Id be there as well

[McJim]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

I used to be a debt collector....In Glasgow (might not mean much out here but if you know Glasgow....)...I'll show up.

[Hans]

I used to be a debt collector....In Glasgow (might not mean much out here but if you know Glasgow....)...I'll show up.

That sort of experience counts everywhere short of Baghdad.

[cynna]

The small clains court is bullshit, halve the time the bastards dont even pay out.

i reckon - i won a claim for damage to my bike once a few years ago but the wanker shifted and i had to provide a current address which i had now way of obtaining and that was the end of that. never seen a cent of the money owed

[BNZ]

Fuck mate, share the address!! If 50 bikes turn up to his house and one person asks for his insurance details he might actually provide them!!

Im 110% serious!

[oldrider]

I am glad that you are OK but motorcycles don't look good laying down in such circumstances, especially Tigers!!!!

Good luck in your quest for justice and recompense. :yes: Cheers John.

[Patrick]

Other than the district court, your options also include BayCorp :yes: Or Black Power if that's your thing... any debt collector will do.

BPs might be like the Headhunters, who take 50% of what you are seeking... but very effective collectors, for some reason....

[imdying]

Small price to pay for the satisfaction imho :yes: