What does KB think i should do to this prick?

[nodrog:Me]

P.S. I'd be fucked off too and it's precisely why the 1100 ain't ever going to do a trackday.

Keep it on the road Rossi

[Kickaha]

it's precisely why the 1100 ain't ever going to do a trackday.

I thought that was just because you're a soft cunt who can't ride for shit

[Katman]

I thought that was just because you're a soft cunt who can't ride for shit

That too.

[HenryDorsetCase]

Did you actually read what he wrote? He never said RACE, he was in the fast group

I still think he needs to suck it up and move on, I don't think anyone is denying it is a shitty situation and that he has a right to be angry, nor that the other guy COULD have been completely at fault but that doesn't mean you need to throw a hissy fit and try and taken legal action out of someone also participating in a dangerous activity.
I honestly think if you are going to get so fucking precious about it, maybe motorcycling isn't for you

I agree with this. the indemnity is probably between the two parties that signed it, rather than participants.

But in the civil action between rider a and rider b, (where B is the claimant) I think rider B has a long row to hoe to get over the "reasonably foreseeable" hurdle. That is, Rider A (or theri insurer) will argue that Rider B knew or must have known that due to the nature of the activity, its location and all other relevant factors, rider B knew that there was a reasonably foreseeable prospect of damage. Ergo, no liability on Rider A if they were acting reasonably IN THE CONTEXT. Given the context is a free for all in the fast group on a trackday, rider b is fucked and burned and should, as you put it, suck it up and move on. I can't believe this shit has gone on for 13 pages.

Just as an aside, I have fallen off on a trackday (ran out of talent) and did a fairly substantial amount of damage (money wise: the thing was perfectly rideable and I rode from Timaru to Christchurch on it) but cosmetic damage was to bike and gear. It turns out it is way cheaper to buy a cheap ex racebike and thrash that on trackdays than it is to fall off your streetbike even once. Something to think about.

[HenryDorsetCase]

Being hit on a commercially run training day simply isn't the same thing! I just can't see why this so hard to understand, this is a fucking BHS at higher speed.

The only way that a training day on a track is any different is if somehow they are reserved for the elite and those plebs how don't already know how to ride should just stay the fuck off them. I don't think that's the intention, I don't think the OP deserves a ribbing.

Actually, no, it isn't. But whatever, you have your opinion. You're wrong, but there you go.

[Brett]

Ok, apparently this has gotten out of hand. There are some very valid points here, and some very invalid too.
I wasn't aware that you receive warnings for posting a thread in the wrong area, Not like i spend all my time on here being a
keyboard warrior or moderating a site. Guess somebody didn't agree with what i had to say... Speaks to character.

Lol this whole thing was more of a, Do i actually have a foot to stand on down this path? But some helpful ideas nonetheless, i don't pretend to know all the laws and the can and cannot do's.
My guess was to ask a public forum/ the bike community, as they are always helpful and friendly and will put u straight, but if people didn't make it through the OP entirely i asked for preferably professional
Opinion's, not joe public's point of view. Though i realise my mistake now haha.

Seems to me that people think i have doctored the story to garner sympathy.
This is how I see the situation. The only thing that i cannot guarantee as the truth is why the guy was there to hit me.
Maybe he over corrected, others have made other suggestions, i don't claim to know why he was there, but as stated earlier in the
thread I still was not at fault in the accident and in the end im happy with the guy paying my excess.

Expecting to come out of casts only to find out you have 2 broken bones and a shoulder injury doesn't sit well with me so I had some emotional attachment to the OP.

Here are the pictures of what happened and the aftermath.

Please note, the rider ADMITTED FAULT to me at the ambulance with witnesses. Other witnesses reported what happened to the clerk of the course and he was reprimanded, to what extent
i do not know.

Attachment 263058Attachment 263059Attachment 263060Attachment 263061

(Mods - inserted pics left in for the benefit of those later in this thread...saves time trolling back through the pages).

I am sorry, but looking at those pics...the undertaking rider is definitely in the wrong. It wasn't a race meet where riders are more experienced with having other bikes in close quarters and having to take more evasive action to avoid scraps, it was a training track day...and that is quite an aggressive move to be pulling there. If it was me taken out, I would have been pissed. (Especially given the clear no undertaking rules. Looking at the vectors of those lines, I don't see how the undertaking rider couldn't see a coming collision. The rider in fluro (track mentor?) might be able to provide some valuable info too.

That said, it was a trackday on a closed race track, you might not have a whole lot of luck holding the other rider to account mate. You come, you ride/race, your risk seems to be the general consensus...however that other rider doesn't deserve to get off scott free.

[nodrog:Me]

I went to paintball once, and some cunt shot me, can I whinge in here or do I have to start my own thread?

[Fast Eddie]

when I go to a track, I go to do this! ...

[flyingcrocodile46]

when I go to a track, I go to do this! ...

Fuck! That is some gay shit.

[edit]

Bike 1997 Honda Fartbleed,

Location Dunedin

Say no more

[D3ADLYTuna]

You were in the "fast group" coz you had a gixer 750 and your ego told you that because you have a fast shiny bike you are much better than those losers in group 2.

Every time there are people in group 3 on gsxr750, hayabusas, blackbirds and so on, that have signed up in that particular group purely because they think they are hot stuff. And they are NOT. Sux to be back on earth from cloud 9 if you drop your bike, but it is reality. There are risks. People accept them and move on.

Your condescension makes me laugh,
I went in the fast group to challenge myself and learn, i did not judge the other groups.

I will not be bothering with any pursuit of anything regarding this, Nor did i plan to, though i worded it like i did.

I would like the guy, if he actually is on here to PM me contact details.
I have no malice, I was angry that i had broken bones, these things happen.
It was on the track, I had insurance.

My policy wording leads me to believe that on the track if i can prove innocence then they just waive my excess and my premiums do not go up.
As opposed to getting the other involved party to pay.

Nodrog: If it was you that hit me, I apologise for this thread and any comments made in anger.

The others;

This was fun and all, but we are all grown ups, condescension nor judgement does no good.

Onwards and upwards.

Hopefully your track bike sustained suitably less damage than mine,

I approached this situation at the wrong time, in the wrong place, in the wrong manner.

Also for that guys benefit....

Someone in here is a nazi...

[Crasherfromwayback]

The others;

Onwards and upwards.

Hopefully your track bike sustained suitably less damage than mine,

I approached this situation at the wrong time, in the wrong place, in the wrong manner.

.

All good then! Heal up quick!

Pete

[nodrog:Me]

....I would like the guy, if he actually is on here to PM me contact details......

Nodrog: If it was you that hit me, I apologise for this thread and any comments made in anger........

I posted my phone number for you to ring me.

[NinjaNanna]

Looking at the pics I can't understand what happened. All 3 bikes are on their own lines, no-one is braking and there is plenty of room? Got any pics of the point of contact?

actually the inside bike looks like he has clutch in and front brake on trying to get the fuck out of trouble.

[Asher]

I think this thread has done a good job of raising the issue of liability on tracks.

Race meets and track days are pretty obviously no liability situations, except for possibly intentional damage.
To me training days are different, i think everyone there has a responsibility to insure their actions do not cause damage to others and their property and if they do they should liable for at least some of the costs.

Did the guy that hit the OP know that you had insurance? He may believe that as you are covered by that and acc there is little he needs to do.

[SVboy]

Your condescension makes me laugh,
I went in the fast group to challenge myself and learn, i did not judge the other groups.

I will not be bothering with any pursuit of anything regarding this, Nor did i plan to, though i worded it like i did.

I would like the guy, if he actually is on here to PM me contact details.
I have no malice, I was angry that i had broken bones, these things happen.
It was on the track, I had insurance.

My policy wording leads me to believe that on the track if i can prove innocence then they just waive my excess and my premiums do not go up.
As opposed to getting the other involved party to pay.

Nodrog: If it was you that hit me, I apologise for this thread and any comments made in anger.

The others;

This was fun and all, but we are all grown ups, condescension nor judgement does no good.

Onwards and upwards.

Hopefully your track bike sustained suitably less damage than mine,

I approached this situation at the wrong time, in the wrong place, in the wrong manner.

Also for that guys benefit....

Someone in here is a nazi...

Now this is the way to move forward, well done. If all goes well with your recovery and your insurance, this may be an opportunity to buy your bike off the insurance company at a cheap price and convert it to an awesome trackbike, while still having the means to purchase another road bike.