Farkin cage driver follow-up of insurance wan%$rs

**dmouse** · 15th February 2008, 18:26

on oct 5th last year i was taken out by a guy doing a u turn right in front of me, he told police that he did not see me but saw the car behind me, i had headlights on and amber driveing lights, i have more chrome on the front of my bike than the bling shop, the sun was shineing in my face, so the chrome would of been bright as hell, i had a cop for a witness, this dude admits to the mob ( insurance ) it was his fault and he is liable, so insurance pays for all the damage bike takes five months, to get repaired costing allmost 20k ( fully customised fatboy valued at 50k ).

and this morning i get a letter from the District Courts, this joker has now changed his mind and is pleading not guilty to, careless driving cuaseing injury and now there is going to be a hearing and the police have to prove he was in the wrong, what is wrong with the legal system !!, now i might have to go court and defend myself against this pratt, and god knows what it is going to cost me in legal costs if it goes as far as court, im really pissed off at the legal system and the courts, and this pratt who is a rep for foodstuff wants f%^king stuffing

**Mom** · 15th February 2008, 18:39

You have your bike repaired? Forgive me if I seem dense. Your Insurance company has paid out and fixed your lovely, as this "driver" has admitted fault?

It is only now that he appears in court? That is ok, we all have the right to delay the inevatible. Bikers are renowned for milking the court process to avoid walking mate.

Turn up and say your piece in court, I doubt that he will get away with it, but he is allowed to take advantaqge of the system as we all are. Dont let him get away with it! Go to court, give your evidence and give us a giggle when he is convicted!

You will be awarded costs for appearing as a prosecution witness mate! wont pay your actual time, but will add a bit to his bill

**Hitcher** · 15th February 2008, 18:39

At least the insurance has paid out on your bike. And it sounds like the other guy is getting charged by the Police, not you. On that basis you will only have to go to Court as a witness if called by the Police. I can't see what your problem is.

**Edbear** · 15th February 2008, 18:41

Yeah, just doesn't seem fair! However his Lawyer would have advised a defended hearing to try to reduce the sentence, as the charge is serious and he's naturally wanting to get off as light as possible.

Can't quite see how you need to "defend yourself" against him, though, isn't it more like you are a witness?

**breakaway** · 15th February 2008, 18:52

Go into court and fuck him up mate.

**DingoZ** · 15th February 2008, 18:52

From reading the above, have to agree with ED, it reads as you were being informed of the change in proceedings. The police will be prosecuting the other person, and it rests with them to prove guilt...You might be called as a witness, but certainly not to defend yourself, as you are not the one prosecuting...

**Katman** · 15th February 2008, 19:06

Originally Posted by breakaway

Go into court and fuck him up mate.

Not good advice mate. He'd then be done for lewd and lascivious behaviour in a public place.

**Winter** · 15th February 2008, 19:11

I'm in same the position as you.Been paid out from insurance, but other driver is denying the careless driving causing injury charge.

Cops say I most probably wont need to front up in court, say they have enough evidence for an easy case.

Either way - if they are found guilty or not - you wont run into any issues with your insurance.

Its just nice if they are found guilty - means they walk for at least 6 months.

**scracha** · 15th February 2008, 19:34

If he told the cops initially he didn't see you then he really doesn't have a leg to stand on. Unfortunately unless things have changed recently I believe that "sorry I didn't see you mate" is still a valid defense in New Zealand. I guess it's all down to how biker friendly the local magistrates are.

**Paul in NZ** · 15th February 2008, 19:40

Works for foodstuffs? Was he driving the company car???

**Soul.Trader** · 15th February 2008, 19:50

It's nothing to worry about - he's being charged witcareless driving cuaseing injury, and like any smart person (or dummy with a lawyer) is pleading not guilty. It just means the police will take him to court, and because they want a strong case, they will call you as a witness. No problems for you, except the inconvenience. I dont think it's a flawed system - we all have the right to defend ourselves, and that applies to wankers too.

**dmouse** · 15th February 2008, 19:54

Originally Posted by Paul in NZ

Works for foodstuffs? Was he driving the company car???

Hi paul wet in pram my family has a big wedding there this weekend at the car museum, i cant make it though.

ok back to this shit, yes he works for foodstuff and was in a works car, i dont see how there insurance would stand a change of mind after the fact that he admitted the fault in the first place ?, and the insurance companys involved, his is NZI and mine is National Auto club, both owned by the NZ/AUS mafia IAG.

**dmouse** · 15th February 2008, 19:56

Originally Posted by Winter

I'm in same the position as you.Been paid out from insurance, but other driver is denying the careless driving causing injury charge.

Cops say I most probably wont need to front up in court, say they have enough evidence for an easy case.

Either way - if they are found guilty or not - you wont run into any issues with your insurance.

Its just nice if they are found guilty - means they walk for at least 6 months.

thanks mate in glad im not in this boat on my own, if yours is dealt with before me let me know how you get on and i will do likewise, good luck mate

**dmouse** · 15th February 2008, 20:03

why am i worried why would i worry ?? you might ask maybe its because im a law abiding citizen and i have no experiance in these matters, i have never in 35yrs on the road, had a ticket or a penalty of any kind maybe strange but im afraid its true and i am not ashamed of it, i take my licence as a privalidge and i respect the rules, even the stupid ones, as we all should.

**Conquiztador** · 15th February 2008, 20:10

You are a witness. Same as if you had been standing at the side of the road watching when this happened. You will need no lawyer. The only costs to you will be loss of earnings and travel costs. And you should be able to claim these. The only thing he can do here is lessen the severity of the charge. He has the right to do this, and has clearly been advised to do so. His guilt is not what is to be determined, but the level of it.

Don't let this change your sleeping habits.