What does KB think i should do to this prick?

**Zedder** · 6th May 2012, 22:33

Originally Posted by D3ADLYTuna

thats a very good point,
i have not accepted any compensation as of yet.
i told him i would get back to him regarding that.
it may have been a sneaky ploy advised by his lawyer or it could be genuine.
either way it stands in limbo at this point.

Yep, check with your insurer before doing anything like accepting an offer.

However, if an offer did come from his lawyer it would most probably be a cheque with the words "Full and final payment" on it plus an accompanying letter stating that by you accepting the cheque (banking it) you were agreeing that it was the end of the matter.

**NinjaNanna** · 7th May 2012, 08:42

I suspect the insurer is more entitled to that $750 - they'll be out of pocket a crap load more than you will be ... thread carefully.

**nodrog:Me** · 7th May 2012, 10:29

This thread is awesome.

**sidecar bob** · 7th May 2012, 10:56

Trackdays, A place where people who cant ride, go to race.

**Drew** · 7th May 2012, 10:58

Originally Posted by sidecar bob

Trackdays, A place where people who cant ride, go to race.

Voice of experience Steve?

**sidecar bob** · 7th May 2012, 11:51

Originally Posted by Drew

Voice of experience Steve?

Err, no. I currently have two spare gaps left at the back of my MNZ licence from one year of racing, not including overseas meetings.

I have watched a couple of track days from the stands & the antics scared me shitless.
This bloke should just accept that he entered a trackday with a bunch of other muppets that were too inept to enter a proper race meeting, with predictable results.

**D3ADLYTuna** · 7th May 2012, 13:05

I should note that he extended the offer to me personally not legally and offered the cash to help me get my bike sorted anyway.
I over looked that in previous post.

**Drew** · 7th May 2012, 13:19

Originally Posted by sidecar bob

Err, no. I currently have two spare gaps left at the back of my MNZ licence from one year of racing, not including overseas meetings.

I have watched a couple of track days from the stands & the antics scared me shitless.
This bloke should just accept that he entered a trackday with a bunch of other muppets that were too inept to enter a proper race meeting, with predictable results.

Just giving you shit fella. I've seen antics at race meetings that boggle the mind too, but certainly more at track days and rider training days.

**nodrog:Me** · 7th May 2012, 13:22

I'm going to sue KFC, I just wanted to get fat, I didnt want diabetes.

**Usarka** · 7th May 2012, 16:34

You bush lawyers need to read this http://www.sportnz.org.nz/Documents/...y_Document.pdf

And before the OP gets too excited he needs to read the last two sentences.

There is also a duty of care owed by one sportsperson to another. In these circumstances it
has generally been held in that reckless disregard must be shown to have occurred before
liability will be confirmed. In other words , there must be more than a mere lapse of skill or
error (with the level of skill differentiated depending on the level of the game). This means a
higher degree of care is required of a player in a first division rugby match than a player in a
local social club match. At the very least, there will need to have been a breach of the rules
of the game, although that will not in itself be enough. The injured sports person needs to
prove that the other player acted unreasonably in the particular circumstances.

**scracha** · 7th May 2012, 17:51

Originally Posted by Katman

A sad indictment on your sense of morality perhaps.

Considering your often ill timed and condascending posts, I think you've got a bloody cheek questioning my morals mate.

My reasoning has been thoroughly explained in my previous posts in this thread. Someone else's stupidity in not having loss of earnings/medical insurance combined with them not being able to grasp that shit happens and their toys may get broken through an accident is not my problem.

Suppose the OP had no insurance at all and was riding an NR750? If you'd clipped him at the track would you be prepared to pay him 90K + leathers, helmet etc? Would you subsidise his loss of earnings? Would you subsidise any shortfall in his medical care? Would you do manage all of teh above if you took out 3 bikes at the track (I've seen it happen). Unless you answer "yes" to all of the above then you're full of shit.

Morality has fuck all to do with it mate. It's simple economics. We start paying out for woopsies incurred then the only "Kiwi's" able to trackdaying in this country will be Kim Dotcom and James Cameron.

**Katman** · 7th May 2012, 18:09

Originally Posted by scracha

Suppose the OP had no insurance at all and was riding an NR750? If you'd clipped him at the track would you be prepared to pay him 90K + leathers, helmet etc? Would you subsidise his loss of earnings? Would you subsidise any shortfall in his medical care? Would you do manage all of teh above if you took out 3 bikes at the track (I've seen it happen). Unless you answer "yes" to all of the above then you're full of shit.

It might come as a surprise to you but we're talking about an actual incident - not a hypothetical NR750. (Is that condescending enough?)

The fact is that the undertaking rider rode in a manner contrary to the rules in place on the day and has a moral obligation to accept responsibility for the crash.

**flyingcrocodile46** · 7th May 2012, 18:31

Originally Posted by Katman

It might come as a surprise to you but we're talking about an actual incident - not a hypothetical NR750. (Is that condescending enough?)

The fact is that the undertaking rider rode in a manner contrary to the rules in place on the day and has a moral obligation to accept responsibility for the crash.

scracha's point was valid and your failure to acknowledge it doesn't lend any credibility to your pretty weak counter view.