Twunt knocked over my bike. Advice, pls

[xwhatsit]

XD - if you need any help preparing for Disputes tribunal, or want any info, PM me. Have just been through the process and am just about at the end of my law degree...

Ross.

Cheers, mate -- I was just thinking about the small chat I had with you at the Wild West/Wet BBQ for SMC. Remembered you talking about going through similar situations before. I'd be delighted to leech some of your knowledge for my own purposes if need be.

Let's hope it doesn't get that far.

[Big Dave]

Don't ring or talk to him again.
All future correspondence in writing and keep a copy.


Look at this Phurrball - your first gig could be a 'class action' - well, action by committee anyways.

[gijoe1313]

:spudwow::spudwhat: Keep fighting the good fight Xerxes!

Give him nothing, but take from him ... everything! This is not madness!

[Big Dave]

I'm just trying to sniff a Kiwi Rider angle here....some sort of hypothetical 'Biker and the law' scenarios....hmmmm?

[xwhatsit]

I'm just trying to sniff a Kiwi Rider angle here....some sort of hypothetical 'Biker and the law' scenarios....hmmmm?

Heheh, feel free to use bits and pieces from this if you feel there's something to write about. `Any resemblance to persons fictitious or real is entirely coincidental, or a by-product of our writers spending too much time on intarweb forums'.

Yep, I'm doing things by email now -- he's an angry little man, and tends to talk right over the top of me in real life and on the phone (I haven't exactly got John Cleese's speaking voice). Tend to write better than I speak as well.

[Big Dave]

Dear fascist bully-boy,

etc etc.

[discotex]

I like the sound of this insurance company,next time you speak to them please let them know that they sensible attitude has led another prospective custermer and his machines to their door

Who would you rather have handling your claim? Some random guy who deals with cars all day at one of the major companies (and considers bike claims a hassle and waste of money) or a couple of really nice people who ride and love bikes themselves.

If the answer is the latter give the friendly folks at Kiwibike a call

[sefer]

Even if you've only got 3rd party your insurance company should deal with it for you, at least as far as contacting his company and getting them to contact you (or giving you the details), if not the whole deal. Especially when it's a case of you not being at fault (after all, it's not them who pay out). State did it for my sister when some fuckwit smashed up here car coming out of the local pub.
Just be aware that if you end up being the one to deal with his company they'll piss you around as much as possible in the hope you'll give up.

(and should you have the same company you'd probably have a harder time!)

[Patch]

Communicate with his insurance company, don't talk to the prat. If your ins. co. will help you - great, if not, use phurrball to hound his ins. If they start stalling (they might, don't tell them anything about you, student etc ) threaten them with court action, fair go etc, and then follow through.

Keep a paper trail, photo's of alleged incident etc, get three quotes for the repairs, pay for nothing at this stage - they may say drop it here and we'll pay for it, be prepared to negoiate, and/or have your quotes, take the average and have them pay you - then repair it.

Good luck.



Ps. go smash the asshole for causing this

[Donor]

Dear fascist bully-boy,

etc etc.

Boomshanka...

[Maki]

Be cold, be calculating, and make him pay. He ran into your stationary bike and damaged it, end of story. Where the bike happened to be at the time is totally and utterly irrelevant.

You have found out exactly how much you need to repair the bike. My suggestion is to send him an email, (don't talk to him on the phone if that makes you feel uncomfortable).

This is what I would write:

+++++++++++++++++++++++++++++++++++++++++++++

We can do it the easy way or the hard way. You either pay me $XXX amount tomorrow to compensate for the damage you did and the matter is finished. If you don't, I will never ever stop until 100% justice is done. To start with I will report your careless and dangerous driving to the police (you are in fact obliged to check where you are going when driving a motor vehicle). Then I will go through all correct channels insurance companies and courts if need be. I will be delighted to spend time and effort on this because I believe in justice and doing the right thing.

My suggestion is to pay and save yourself a great deal of time, trouble and probably money. You are going to pay. Whether you do it the easy way or the hard way is up to you.

Kind regards...

++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++++

If he doesn't pay the day after you send this email, report him to the police.

If for some reason you still get screwed after going through all the correct channels you may like to offer some work to you friendly neighborhood chapter of the Mongrel Mob. Just don't let him get away with it.

[hobdar]

STAY AWAY FROM I WAS DELIVERING FOR WORK.............

Most insurance companies have a clause which indicates if you are using it for work purposes even going to and from a site you are NOT insured.

Simply if you were stationary and he hit you he is at fault. End of conversation.

your bike could have been stopped and parked in the middle of the road and got hit and he would have been at fault cause it was not moving.

Though if you wanted call Citizens Advice beaureau and ask for the local legal aid person and check with them

Also small claims court is up to 5000 i think check out www.justice.govt.nz and look for dispute tribunals...i think it costs 50 bucks.

[fredie]

im sorry i just reversed into your baby an pram . you should not have been there . goodbye

[Biggles2000]

Sounds like this is going to end up in the small claims court. He backed over your bike so its his fault. Get your bike fixed, keep all the receipts, quotes and take him to the small claims court. At court the magistrate will award damages as he see fit, so be reasonable about what you claim.
Can you show the condition of the bike before the accident? Mr BMW will say the bike was damaged before he knocked it over.

[xwhatsit]

Woohoo! Got a reply from him (I chased him up through his wife), he said he'd been away heheh. Anyhow, he's found some el-cheapo panelbeaters that has said they'd do it for about 2/3rds of the price of my other quotes. He's offering $350 in that case.

Of course I'll go and see them and find out if they can really do it that cheaply, if not I'll get an appropriate quote and make sure I get enough money to actually do the job.

It's a start, though! At least he's offered something, hopefully this means I don't have to do the disputes tribunal thing