Hit and run (but got the rego. number)!

[terbang]

The pickkie you posted sure makes me cringe. A sad sight indeed. You are Ok which is most important and the machine can be fixed, it's only money.! So who pays? Ethicly it is the moron who knocked you off and then did a runner who should automaticly cough (or be made to) up. However in the real world stories get made up and memories fade and it also looks like the cops are dragging the chain and your insurers are playing their game. Get onto the lot of them includung your witnesses, chase them up until they start talking a better tune to you. The scotsman in me says they pay... If the cops charge this prick then your insurers, if you have an appropriate clause, will probably follow suit and eventually pay you out. Remember the squeaky wheel generally gets oiled.

[KLOWN]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

i'd be there!

[mazz1972]

Sorry to hear of your accident!

Go back to the cops ASAP and tell them you are severely out of pocket (have a list) and that you need them to request reparation...then theoretically the judge *should* order the dickhead to pay up. Actually getting your money is another matter...especially if he does a disappearing act.

[Duc]

Information from the Disputes Tribunal Website.
Note the use of the term "referees" and also "their decision is final"

INFO:
If you have a dispute with someone and you can’t settle the dispute yourself, your nearest Disputes Tribunal may be the answer.

SECTION 1

Got a dispute? maybe we can help

Disputes Tribunals are:

informal
inexpensive
quick
private
Disputes Tribunals are not like formal courts. There are no lawyers or judges.

Disputes are heard by a referee who has been carefully selected and trained. A referee is someone who will either help you to come to your own solution or will determine your dispute. Any ruling they make is binding and will, if necessary, be enforced by the Courts.

When can the Tribunal help?

The Tribunal can deal with many disputes. You can take a dispute to the Tribunal even if you have agreed in writing not to, or a contract says "no responsibility accepted".

The dispute could be about:

whether work has been done properly
whether goods purchased were what you asked for
the amount charged for work done
- damage to property: for example, a car is damaged in a collision or a lawnmower lent to a neighbour is returned damaged

loss of property: for example, someone borrows a bike and doesn’t return it
payment for a loss caused by misleading advertising or misleading statements made by someone selling goods or services: for example, an advertisement which suggests speakers are included in a sound system, when in fact they are an extra cost
whether a boundary fence needs replacing or how costs will be shared
hire purchase agreements
denying that you owe money for an account sent to you.
The dispute could concern an amount up to $7,500 or, if everyone involved agrees, up to $12,000. If your dispute involves more than these amounts, and you want the Disputes Tribunal to deal with it, you must reduce the amount you are claiming.

The Tribunal cannot be used for:

rates, taxes, social welfare benefits or ACC payments
disputes about parenting or care of children
matrimonial property
disputes about wills
disputes about ownership of land
the value of goodwill (with a business that is bought or sold)
trade secrets or other intellectual property such as copyright.
How to bring your dispute to the Tribunal

Contact the Disputes Tribunal at your nearest District Court. The staff there will help you. You will be given a form called a "Claim Form". Turn to page 4 of this leaflet to see what this form looks like and how to fill it in.

You will have to pay a fee. However, as no lawyers are involved you will not be faced with a lawyer’s bill unless, of course, you choose to seek legal advice before the hearing. Lawyers are not entitled to attend a hearing with you or appear on your behalf.

If a claim is lodged against you

You will be sent a notice informing you of the claim. You will also be told when the Tribunal will hear the claim. You can then do any of the following:

You can contact the person making the claim and try to settle the matter without going to the Tribunal.
You may attend the hearing and defend the claim.
If you consider you have a claim against the other party, you can file a claim in the Tribunal. The Disputes Tribunal staff will tell you how to do this. It should be done as soon as possible. Both claims will be heard at the same time.
You may apply to the Court to have your claim heard by telephone conference, normally if you live more than 100km from where the claim is being heard.
Insurance

Disputes in the Tribunal often involve insurance. Your insurance company is entitled to take part in the Tribunal hearing if it has paid you for the loss or damage, or if it might have to pay. If you intend to take a dispute to the Tribunal and insurance is involved, contact your insurer immediately. Tell them about the dispute.

If a claim is lodged against you and you think you can claim insurance, you should also contact your insurance company immediately.

5 Write down the general details of your dispute, for example:

what happened?
where did it happen?
who was involved?
what was the damage, or what was your loss?
6 Describe what you have done to try to resolve the dispute.

Please remember the Tribunal does not collect bad debts. You should provide the other party’s reasons for not paying to show that the claim is disputed.

7 Sign your name and give the date.


SECTION 2 How Disputes Tribunals work

How to prepare for the hearing

Preparation for the hearing is important. To help you prepare for the hearing, it is recommended that you view the video "Settling Disputes Simply" - you can call in to the Disputes Tribunal office at your nearest District Court and view or borrow this video free of charge.

At the hearing each person involved will tell his/her side of the dispute.

It is a good idea to:

write down what you want to say before you come.
bring to the hearing any letters, forms, invoices, sales slips, receipts, copies of contracts, photographs, quotes for repairs or anything else which will help to establish the facts about the dispute.
bring any witnesses who can support your claim: for example, a neighbour who saw what happened.
Do I need to be there?

Yes

If you are the person making the claim, your claim will be dismissed unless you attend.

If a claim has been made against you the Tribunal can make an order, even if you are not present. If for some reason it is impossible for you to attend, contact the Disputes Tribunal staff immediately. You may be able to have the hearing postponed.

Can I bring a support person?

Yes, in some circumstances the Tribunal may allow you to bring a friend or support person. However, they must not say anything at the hearing unless asked to speak by the referee.

Can I have someone represent me at a hearing?

In most cases you are expected to make your claim, or defend a claim made against you, yourself. That is, you have to represent yourself. However, there are some special circumstances in which the Tribunal can allow a representative to put your case for you.

The Tribunal may allow someone to represent you if:

You have a special disability which makes presenting your case very difficult: for example, if your disability causes serious communication problems.
You are less than 18 years old.
You are a company or other organisation, and the representative is an officer, employee, or someone with a majority interest.
You are making the claim jointly with another person (or a number of others), or a claim has been made jointly against you and another person (or a number of others), and you want to be represented by one of these other people.
You can show the Tribunal that, for some other good reason, you are unable to present your case.
If you think you need a representative, please contact Tribunal staff immediately. The Tribunal has to agree and approve your representative before they represent you.

Please also remember, if you are allowed a representative, they cannot be a lawyer.

What happens at the hearing?

Tribunal hearings are private and informal. Members of the public and the press are normally not allowed in the hearing room. The referee will normally ask the person making the claim to give his/her side of the story first. The other person will then be asked to say how they see the situation. You will need to show the referee any documents relating to the dispute.

The referee will hear from any witnesses who can provide evidence. The referee will ask questions of each party and of any witnesses. You will also be able to ask questions. The referee may feel that they need to know more details about the dispute than you or the other person have brought to the Tribunal. If so, they may adjourn the hearing and call for an independent report on the facts from a person called an Investigator. You will not have to pay for this service.

What can the Tribunal do?

The referee will encourage both parties to discuss the dispute and may suggest ways in which it might be settled. If an agreement is not reached, the referee will make a decision. Referees are required to give either oral or written reasons for their decision.

Both agreements and decisions are binding and can be enforced in the same way as an order of the District Court.

Please note: the making of an order for the payment of money does not guarantee that payment will be made. You may find that you will need to take action to enforce the order if payment is not made.

SECTION 3 After the Hearing

What happens after the hearing?

Rehearing

You may apply for a rehearing if you believe you have good grounds for it - you will need to provide reasons and evidence to support your application. This will be dealt with by the referee who heard the original case. An application for rehearing should be made to the Tribunal within 28 days of the Tribunal’s order.


What happens if the order is not complied with?

You may apply to have the order enforced. Contact the Collections Unit at your local District Court.

[zadok]

The driver is an absolute prick. Hope it all turns out alright for you. My last accident (GTR written off) was because of an idiot car driver. Fortunately I was comprehensively covered, as the driver wasn't insured at all! I have put crash bars on my Tiger to hopefully reduce any damage from an off. Judge Judy would take this prick to the cleaners.

[MSTRS:Me]

Whatever you do, don't let it go. Keep on at the cops and insurer. Disputes Trinunal (Small Claims) goes up to $7500 but if you can get agreement from the respondent (HA!) that can be extended up to $12000.

[Macktheknife]

Bugger about your bin mate, glad you are ok though.
Stay on this, don't let the insurance Co off the hook either, they should not be able to discriminate against a vehicle type unless it is specifically stated in the contract.
Welcome to KB too, hell of a way to make an entrance!
Keep us informed of your progress.

[0arbreaka]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

Id be there as well

[McJim]

The cops haven't spoken to the guy yet? Unfuckinbelievable. I suggest posting a ride out to his house in "meetings and events" and see how many people show up.

I used to be a debt collector....In Glasgow (might not mean much out here but if you know Glasgow....)...I'll show up.

[Hans]

I used to be a debt collector....In Glasgow (might not mean much out here but if you know Glasgow....)...I'll show up.

That sort of experience counts everywhere short of Baghdad.

[cynna]

The small clains court is bullshit, halve the time the bastards dont even pay out.

i reckon - i won a claim for damage to my bike once a few years ago but the wanker shifted and i had to provide a current address which i had now way of obtaining and that was the end of that. never seen a cent of the money owed

[BNZ]

Fuck mate, share the address!! If 50 bikes turn up to his house and one person asks for his insurance details he might actually provide them!!

Im 110% serious!

[oldrider]

I am glad that you are OK but motorcycles don't look good laying down in such circumstances, especially Tigers!!!!

Good luck in your quest for justice and recompense. Cheers John.

[Patrick]

Other than the district court, your options also include BayCorp Or Black Power if that's your thing... any debt collector will do.

BPs might be like the Headhunters, who take 50% of what you are seeking... but very effective collectors, for some reason....

[imdying]

Small price to pay for the satisfaction imho