Only if you have a lot of cash and patience. Only the rich do this. No normal person would go down this path.Originally Posted by renegade master
It's called a private prosecution.
Rider in training
Only if you have a lot of cash and patience. Only the rich do this. No normal person would go down this path.
It's called a private prosecution.
Tornado Alley
Talk to your mate. I thought you had been..........................
Or read my posts. My take on it is clear. And right.
"Carelessly" opened her car door.
Cause of crash is clear.
Double shot!!
Your take on it is crap. As usual, talking to the police does nothing. When will we ever learn? Very quickly, actually.
"Carelessly opening a car door" is bullshit charge. She was given that charge because she is a police officer. What she she did was a horrifically dangerous thing to do, and could have easily taken someones life.
I know of one person who nudged his bumper against another bumper in a carpark, and got charged with careless driving, and that is a tenth of what she did, and he gets a fucking conviction and this bitch gets nothing. Wake the fuck up - she got let off coz shes a pig - clear and simple.
He asks ;
SteveAlso care to explain why the police have decided not to charge the lady with careless use of motor vehicle causing injury even though he received serious injuries?
She has essentially gotten away with a slap on the wrist, while our mate gets a fucked bike, a permanent scar, and having to 'fight' for an outcome that should have been reached intitially.
"I am a licenced motorcycle instructor, I agree with dangerousbastard, no point in repeating what he said."
"read what Steve says. He's right."
"What Steve said pretty much summed it up."
"I did axactly as you said and it worked...!!"
"Wow, Great advise there DB."
WTB: Hyosung bikes or going or not.
Tornado Alley
Yeah... right.... she got let off......
Tornado Alley
Try reading.
Post # 74, 78, 80, 112, 116, 118, 131, 144, 145 and then you say my take on it is crap.
Try talking to your man. And his legal advisor.....
Likes a good argument...
It does sound to me like both got ticketed correctly. Whether the $ amounts are appropriate in each case is probably a matter of personal opinion but it seems in line with what I would have expected to happen had one of the parties not been a police officer...
Tornado Alley
Exactly. The $$$ amounts are just that... they are what they are.
The biker was not at fault for the crash, which was the whole point. It is sorted now, to the satisfaction of those actually involved.
But perhaps there is some other agenda going on now.....
Double shot!!
He has gone to the car door opener's insurance, and they're trying to get him to admit that he was 20% at fault, so they can only pay out 80% of what the bike is worth. He told them he'll see them in small claims court.
The insurer said: "While our client had a duty of care to check before opening her door, both us and our client believe that you also had a duty of care to check before completing your manouver.
"I am a licenced motorcycle instructor, I agree with dangerousbastard, no point in repeating what he said."
"read what Steve says. He's right."
"What Steve said pretty much summed it up."
"I did axactly as you said and it worked...!!"
"Wow, Great advise there DB."
WTB: Hyosung bikes or going or not.
Rider in training
Take the deal! Getting 80% is a very good deal in these circumstances.
The small claims tribunal is not like a normal court. They are not interested in points of law. What they try and do is get both parties to agree to a settlement. Often if that fails they give you 50% of what you were asking.
I would definitely take the 80% settlement offer - I think you will do far worse if you take it to the small claims tribunal.
Forum whore
She got an infringement directly relating to her actions which is what caused the crash, and his bullshit 'passing on the left' ticket was cancelled.
How could small claims possibly rule 50% and not in his favor?
Likes a good argument...
Not that I have any idea either way but getting ticketed for an infringement related to dangerously opening a car door is no way a guarantee that whoever is presiding in small claims court will pin the blame entirely on her.
They may turn around and say 'well what you were doing seems dangerous to me whether she opened her door or not, suck it up'.
Edit: What I'm getting at is that getting a ticket for dangerously opening a car door doesn't automatically mean that she was solely responsible for the crash. All it means is that she was judged to have dangerously opened a car door.
Forum whore
Yeah but what is the likelihood of this happening? Very slim IMO. The fact that the insurers have even offered him 80% reinforces this further.
She has a ticket for careleessly opened car door, his ticket for "unsafe passing" was cancelled. If the person presiding that day turns out to be a biker hater (hehe) and rules against the biker, then he can simply ask for a district court to review the presiding referee's decision. And this would no doubt result in the court ruling in the bikers favor since district courts are more "law oriented"?
Please, correct me if I'm wrong:
Likes a good argument...
Not saying that he is necessarily a biker hater or anything, more that as was mentioned earlier, they aren't deciding on points of law, more on what is considered 'fair'. The ticket for her and lack of ticket for him may not be end up being relevant.Yeah but what is the likelihood of this happening? Very slim IMO. The fact that the insurers have even offered him 80% reinforces this further.
She has a ticket for careleessly opened car door, his ticket for "unsafe passing" was cancelled. If the person presiding that day turns out to be a biker hater (hehe) and rules against the biker, then he can simply ask for a district court to review the presiding referee's decision. And this would no doubt result in the court ruling in the bikers favor since district courts are more "law oriented"?
Please, correct me if I'm wrong
Then again this is well outside my experience with small claims, most of the ones I've been semi-involved with through friends have been pretty cut and dried really.
Tornado Alley
Is the 80% offer in writing?
That will give the small claims a starting point...
Can't see it going lower than 80% so what is there to lose?
IMHO they are already conceding that the door opener is mostly to blame. Small claims should see that she is wholly to blame.......
But I am not a small claims expert. That's a civil matter.........
Rider in training
It doesn't particularly matter what tickets have been issued.
Because small claims frequently does not rule on points of law - as lawyers are not permitted to represent you - it attempts to get parties to agree on a settlement. If the parties do not agree, frequently it awards half of what both parties want, or something close to it.
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