Farkin cage driver follow-up of insurance wan%$rs

[dmouse]

on oct 5th last year i was taken out by a guy doing a u turn right in front of me, he told police that he did not see me but saw the car behind me, i had headlights on and amber driveing lights, i have more chrome on the front of my bike than the bling shop, the sun was shineing in my face, so the chrome would of been bright as hell, i had a cop for a witness, this dude admits to the mob ( insurance ) it was his fault and he is liable, so insurance pays for all the damage bike takes five months, to get repaired costing allmost 20k ( fully customised fatboy valued at 50k ).

and this morning i get a letter from the District Courts, this joker has now changed his mind and is pleading not guilty to, careless driving cuaseing injury and now there is going to be a hearing and the police have to prove he was in the wrong, what is wrong with the legal system !!, now i might have to go court and defend myself against this pratt, and god knows what it is going to cost me in legal costs if it goes as far as court, im really pissed off at the legal system and the courts, and this pratt who is a rep for foodstuff wants f%^king stuffing :argue: :argue::argue:

[Mom]

You have your bike repaired? Forgive me if I seem dense. Your Insurance company has paid out and fixed your lovely, as this "driver" has admitted fault?

It is only now that he appears in court? That is ok, we all have the right to delay the inevatible. Bikers are renowned for milking the court process to avoid walking mate.

Turn up and say your piece in court, I doubt that he will get away with it, but he is allowed to take advantaqge of the system as we all are. Dont let him get away with it! Go to court, give your evidence and give us a giggle when he is convicted!

You will be awarded costs for appearing as a prosecution witness mate! wont pay your actual time, but will add a bit to his bill :yes:

[Hitcher]

At least the insurance has paid out on your bike. And it sounds like the other guy is getting charged by the Police, not you. On that basis you will only have to go to Court as a witness if called by the Police. I can't see what your problem is.

[Edbear]

Yeah, just doesn't seem fair! However his Lawyer would have advised a defended hearing to try to reduce the sentence, as the charge is serious and he's naturally wanting to get off as light as possible.

Can't quite see how you need to "defend yourself" against him, though, isn't it more like you are a witness?

[breakaway]

Go into court and fuck him up mate.

[DingoZ]

From reading the above, have to agree with ED, it reads as you were being informed of the change in proceedings. The police will be prosecuting the other person, and it rests with them to prove guilt...You might be called as a witness, but certainly not to defend yourself, as you are not the one prosecuting...

[Katman]

Go into court and fuck him up mate.

Not good advice mate. He'd then be done for lewd and lascivious behaviour in a public place.:msn-wink:

[Winter]

I'm in same the position as you.Been paid out from insurance, but other driver is denying the careless driving causing injury charge.

Cops say I most probably wont need to front up in court, say they have enough evidence for an easy case.

Either way - if they are found guilty or not - you wont run into any issues with your insurance.

Its just nice if they are found guilty - means they walk for at least 6 months.

[scracha]

If he told the cops initially he didn't see you then he really doesn't have a leg to stand on. Unfortunately unless things have changed recently I believe that "sorry I didn't see you mate" is still a valid defense in New Zealand. I guess it's all down to how biker friendly the local magistrates are.

[Paul in NZ]

Works for foodstuffs? Was he driving the company car???

[Soul.Trader]

It's nothing to worry about - he's being charged witcareless driving cuaseing injury, and like any smart person (or dummy with a lawyer) is pleading not guilty. It just means the police will take him to court, and because they want a strong case, they will call you as a witness. No problems for you, except the inconvenience. I dont think it's a flawed system - we all have the right to defend ourselves, and that applies to wankers too.

[dmouse]

Works for foodstuffs? Was he driving the company car???

Hi paul wet in pram my family has a big wedding there this weekend at the car museum, i cant make it though.

ok back to this shit, yes he works for foodstuff and was in a works car, i dont see how there insurance would stand a change of mind after the fact that he admitted the fault in the first place ?, and the insurance companys involved, his is NZI and mine is National Auto club, both owned by the NZ/AUS mafia IAG.

[dmouse]

I'm in same the position as you.Been paid out from insurance, but other driver is denying the careless driving causing injury charge.

Cops say I most probably wont need to front up in court, say they have enough evidence for an easy case.

Either way - if they are found guilty or not - you wont run into any issues with your insurance.

Its just nice if they are found guilty - means they walk for at least 6 months.

thanks mate in glad im not in this boat on my own, if yours is dealt with before me let me know how you get on and i will do likewise, good luck mate

[dmouse]

why am i worried why would i worry ?? you might ask maybe its because im a law abiding citizen and i have no experiance in these matters, i have never in 35yrs on the road, had a ticket or a penalty of any kind maybe strange but im afraid its true and i am not ashamed of it, i take my licence as a privalidge and i respect the rules, even the stupid ones, as we all should.

[Conquiztador]

You are a witness. Same as if you had been standing at the side of the road watching when this happened. You will need no lawyer. The only costs to you will be loss of earnings and travel costs. And you should be able to claim these. The only thing he can do here is lessen the severity of the charge. He has the right to do this, and has clearly been advised to do so. His guilt is not what is to be determined, but the level of it.

Don't let this change your sleeping habits.

[dmouse]

You are a witness. Same as if you had been standing at the side of the road watching when this happened. You will need no lawyer. The only costs to you will be loss of earnings and travel costs. And you should be able to claim these. The only thing he can do here is lessen the severity of the charge. He has the right to do this, and has clearly been advised to do so. His guilt is not what is to be determined, but the level of it.

Don't let this change your sleeping habits.

thanks, but then surely this makes a mockery of the legal system in that, what he first said and admitted to, is now not the truth, so he was telling lies to his insurance and the police ??? is this not so ?? and this is the way i see it, now not only being charged with careless driveing, causeing injury, he is liable for charges to, giving incorrect information to the police and his insurance company, where he can be charged with wasting police time not to mention court time, and his insurance should be null and void.

as for the accident i had a police witness and a lot of people from a shop, plus members of the public, i have been informed that there are at least six witness statements backing me up, but i have never been in this situation before so there fore my concern, and the reason why i am sharing this story with KB to gain information and advice which i have now been given and i appreciate many thanks too all :first::first:

regards and thanks

dave

[Conquiztador]

thanks, but then surely this makes a mockery of the legal system in that, what he first said and admitted to, is now not the truth, so he was telling lies to his insurance and the police ??? is this not so ?? and this is the way i see it, now not only being charged with careless driveing, causeing injury, he is liable for charges to, giving incorrect information to the police and his insurance company, where he can be charged with wasting police time not to mention court time, and his insurance should be null and void.

as for the accident i had a police witness and a lot of people from a shop, plus members of the public, i have been informed that there are at least six witness statements backing me up, but i have never been in this situation before so there fore my concern, and the reason why i am sharing this story with KB to gain information and advice which i have now been given and i appreciate many thanks too all :first::first:

regards and thanks

dave


Not really. He was upset, he had just caused an accident, he (probably) is no lawyer and therefore did not know his rights etc.

We have had similar discussions on here before. The tourists who killed the bikers with their campervan, the police who did a U turn in fron of two bikers etc. Someone else stated something like: They did a mistake and that is all it was. You can agree or not. In your case: Sun in his eyes, something distracted him, a fault with the car, he was avoiding something on the road. Whatever, obviously he now considers there to be reasons why he should be treated less harshly, and so he has decided to leave it up to the court to judge.

Right or wrong? The court will decide. That is his right.

[Winter]

thanks, but then surely this makes a mockery of the legal system in that, what he first said and admitted to, is now not the truth, so he was telling lies to his insurance and the police ??? is this not so ?? and this is the way i see it, now not only being charged with careless driveing, causeing injury, he is liable for charges to, giving incorrect information to the police and his insurance company, where he can be charged with wasting police time not to mention court time, and his insurance should be null and void.


dave

What you need to realise - It took me a while myself - is that he is not nessecaritly denying he hit you - or that it was his fault.

He is denying that his driving was careless - IE he took reasonable steps - looking both ways before - he was taking care.

Make sensE?

[dmouse]

What you need to realise - It took me a while myself - is that he is not nessecaritly denying he hit you - or that it was his fault.

He is denying that his driving was careless - IE he took reasonable steps - looking both ways before - he was taking care.

Make sensE?

yes it makes sense, but in his statement to police and to me at the time was " i did not see you but i saw the black car behind you !!!'

this accident happend just after a set of lights, i had waited for the green light and set off i crossed the junction, and travelled about 50 metres and all of a sudden there is a car in my face, he left me no where to go, there was parked cars on my left, and as he had cut across my path from the right i could not turn right, it was that close, and as for not seeing me i had my headlight on and amber driving lights, and the sun was in my face and would of been all glowing in the sunlight, but his statement that he did not see me but the black car behind me, is crap a bright object in front of black would be hard to miss.

and as the traffic was parked on both sides of the street he would not make a complete uturn, it would of had to be a three point turn, so if he missed me he would of hit the car behind me !!!.

[Paul in NZ]

Hi paul wet in pram my family has a big wedding there this weekend at the car museum, i cant make it though.

ok back to this shit, yes he works for foodstuff and was in a works car, i dont see how there insurance would stand a change of mind after the fact that he admitted the fault in the first place ?, and the insurance companys involved, his is NZI and mine is National Auto club, both owned by the NZ/AUS mafia IAG.

Not too bad here - a few showers - could do with more..

Um - Perhaps it's not an insurance thing but rather, maybe a dangerous driving conviction will cost him his job which involves a lot of driving?

[Soul.Trader]

You're getting too worked up over nothing here. Look at it this way - if you made a mistake on the road (I'm not necessarily talking about making the same mistake, but a mistake of any sort), and you admitted fault etc, you would be a fool not to minimize your exposure to the law. Everyone has the right to defend themselves, including this guy. I have absolutely no doubt that his solicitor is dictating every move he makes at this stage, and it's always good advice to plead no guilty, and have your day in court. This is not a sad indictment on the legal system - on the contrary, it's our fair and equitable judicial system at its best. So you're slightly inconvenienced? Big deal.

[Renegade]

Dude, you need to relax a little, court is great fun and it is really just a game, like it or not, i have been privy to the back room deals done by lawyers and prosecutors and its all just a matter of course.

he would be silly not to have a go at getting off the charge and i bet that the only reason they are defending it is due to causing injury added on the end and they would try to swing a last minute deal to lower this to just careless for a guilty plea.

your bike has been fixed, the outcome of this case will have little bearing on your bike from now on in.

It wont cost you anything except some time of work and gas to get there, all you have to do is tell the judge your side of the story, be cross-examined by his defence counsel, answer any further questions from the prosecutor and judge and then go home, cops will call and let you know the result.

if you havnt been to court before its a good experience, especially because your on the right side of the law, at least you can say you have seen the system in action.

[caseye]

All of the advice offered above is valid. You are not going to face any sort of trial.He's simply doing as his defence lawyer has said to lessen his charge.
Go to court as a Police witness and simlply say your piece.No Probs there.
Be assured there is no way any of this can come back on you
I can tell you this with complete certaintity as many years ago I was a mr Plod and have taken many noobs thru the court system for this very same offence.Rest easy rider.