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Thread: Who is really at fault here .. ??

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    Who is really at fault here .. ??

    A motorcycle incident in Christchurch that didn't involve ACC ... could the rider say "Not my fault" ... and claim insurance (if he had any) .. ???


    https://www.stuff.co.nz/the-press/ne...motorbike-tree
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    I'd say an insurance company would have an "out" because the chain constitutes a "pre existing condition". Chain condition/safety could mean the bike is not up to warrantable standard to be on the road.

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    Quote Originally Posted by oldiebutagoody View Post
    I'd say an insurance company would have an "out" because the chain constitutes a "pre existing condition". Chain condition/safety could mean the bike is not up to warrantable standard to be on the road.
    Be difficult to prove after being rear ended. If Matthew, surname withheld, is smart, he would say on further investigation he found a stone in it. Seems pretty pragmatic about it.

    Cassina, why did you leap to the conclusion speed was a factor in the car drivers visit to the scenery? Lots of dogs in a suburb like that, you know.
    Manopausal.

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    Quote Originally Posted by george formby View Post
    Be difficult to prove after being rear ended. If Matthew, surname withheld, is smart, he would say on further investigation he found a stone in it. Seems pretty pragmatic about it.

    Cassina, why did you leap to the conclusion speed was a factor in the car drivers visit to the scenery? Lots of dogs in a suburb like that, you know.
    Sherlock Cassina at it again


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    Quote Originally Posted by EJK View Post
    Sherlock Cassina at it again
    I'd say the car was one of a group drive and the one that crashed was going too fast due to trying to keep up - group pressure.

    Or a dog ran out in front of the car.

    Or the driver had read about the amazing properties of CRC and covered their tyres in it.

    Or had been stead fast sure about what line to take on the road and did not deviate from their belief even if a tree got in the way.

    Or was on Google maps and realised there was a bridge ahead so took evasive action before being involved in a head on.

    Of course they were not at fault.

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    ...but there was a muppet involved, shirley...

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    Quote Originally Posted by AllanB View Post
    I'd say the car was one of a group drive and the one that crashed was going too fast due to trying to keep up - group pressure.

    Or a dog ran out in front of the car.

    Or the driver had read about the amazing properties of CRC and covered their tyres in it.

    Or had been stead fast sure about what line to take on the road and did not deviate from their belief even if a tree got in the way.

    Or was on Google maps and realised there was a bridge ahead so took evasive action before being involved in a head on.

    Of course they were not at fault.
    Don't forget driver training school attendance for the car driver.

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    Quote Originally Posted by cassina View Post
    You have not read the story properly if you think there was any fault with the rider. The car driver is clearly at fault as it appears it came around the bend too fast. This situation is no different to when parked cars get hit on the side of the road by muppets. The rider needs to make a claim with the car driver's insurance company.
    If the motorcyclists chain was in good condition ... he would not be involved ... thus is his fault ...
    When life throws you a curve ... Lean into it ...

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    Quote Originally Posted by cassina View Post
    I would rule out a dog running out as the car would hit the dog. The driver would have to be not very bright to choose a tree over a dog.
    I once saw a woman write her car off ... swerving to avoid a rabbit ...
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    Quote Originally Posted by cassina View Post
    So what you are saying then if someone parks on the side of the road legally, for any reason and they get hit it is their fault? Going by your warped sense of logic that would apply to getting hit in a mall car park too as it would be your fault for going to the mall??
    You cant be at fault if you're not involved. Was parking legally permitted where he stopped .. ??
    When life throws you a curve ... Lean into it ...

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    Quote Originally Posted by cassina View Post
    I have heard of such stories myself of people putting the life of an animal over them and their passengers. I note on the coments section in the news article someone speculated the driver could have been using their phone.
    Obviously ... the woman was incapable of multi-tasking ...
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    There be no tea left in this teacup after you folks created a storm in it

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    Quote Originally Posted by cassina View Post
    It was a legal park as it was a residential street.
    Plenty of places in a residential street you are not allowed to park.

    He obviously knew it wasn't safe to park there as he was away from the bike ...
    When life throws you a curve ... Lean into it ...

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    Quote Originally Posted by cassina View Post
    I have heard of such stories myself of people putting the life of an animal over them and their passengers. I note on the coments section in the news article someone speculated the driver could have been using their phone.
    and that is why you earlier posted speed as a factor in the urban excursion?

    S.Troll on. YAAF
    Manopausal.

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    Quote Originally Posted by caspernz View Post
    There be no tea left in this teacup after you folks created a storm in it
    I'm more a coffee person actually ...
    When life throws you a curve ... Lean into it ...

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