My accident

[Emb]

Hey guys

it finally happened, was going down remuera road today and this guy pulled a u turn infront of me, im fine nothings broken jst shaken up with a lot of scrapes and bruises.

my bike on the other hand... well mostly its all superifcial but apparently my front forks are bent. i havent looked at it fully yet so i wouldnt know.
I do know that the engines fine, but i thin the clutch pedal or the crank pedal is gone.

If anyone would have the time cud they come around and take a look at the bike, cuz i dnt know what 2 make of it. so if someone cud tell me if its salvagable.

If not i might just grab what i can and have sum mechanical fun, if anyone wants 2 help out hah why not turn it into a go kart or idk something fun lol.

anyway if anyone cud help me out that would be much appreciated.

Cheers
Emb

[PirateJafa]

Fuck mate good to hear you're okay.

I'm sure Andrew'll be keen to have a look at the bike - and loot and pillage his way through the wreckage (watch out - he's already stolen my horn!)

[motorbyclist]

let me guess; no insurance for either party?

take the driver to court over it (including replacement gear) if you've got time, but my experience is that you're fucked unless you get a lawyer. if they are insured make sure their insurer pays for ALL damages.

bent forks on that bike, plus what i assume to be smashed headlights etc usually means a write off. if the rims, brakes, dash, or chassis are bent too it's not worth fixing at all - maybe make it into a bucket racer if you're keen

got some photos?

good to hear you're ok though

[Emb]

ill see if i can get some up tomorrow morn. yeah i took a look now and the front forks are bend in so the wheel hits the exhaust pipe on the front.
other than that the clutch pedal is fully broken off and thats about it other than a whole lot of broken fairings

[Nagash]

So one assumes you hit the car if you managed to bend the front forks?

If that is actually the case (who told you they were bent? It's not always obvious..) though if they are obviously bent they'll need to be completely replaced, not exactly cheap, but i'm sure you can find some scrap FXR's around.

I'd honestly say strip it for parts and get another bike, FXR's are inexpensive so it shouldn't be costly to find the replacement parts you need if you're really keen to keep it, though I wouldn't exactly say it's worth it.

Glad you came out mostly alright though, and a few preachy words of wise thought.

Take this crash as a learning experiance, what gear were you wearing? Where did you get injured and what protection were you wearing in those parts? Should you get better gear to prevent future injury to yourself?

Then there's how were you riding, were you going too fast? Could you of prevented the accident if you paid abit more intention to what this twat cager was doing? Do you need to improve on your emergency breaking? And all that garbage.

Ofcourse there questions are rhetorical so answer them to yourself.

Good luck out there mate


[EDIT] Just saw what motorbyclist wrote, on regards to taking him to court. You can only take him to the disputes tribunal which involves no lawyers what-so-ever. If you file a Police report and you are infact in the right, I can only imagine you are by the short description given, then you shouldn't have any problem in court. It's all just a matter of deciding who's in the right, usually blatantly obvious, and then working out how they're going to pay you.

[Squiggles]

If anyone would have the time cud they come around and take a look at the bike, cuz i dnt know what 2 make of it. so if someone cud tell me if its salvagable.

Flick me a txt tomorrow when you're going to be home, and ill come have a looksee. I take it insurance is a no? Report it to the police tomorrow anyway, just to be on the safe side of everything

Other than that, get some arnica on those bruises and rest well, you're going to be stiff tomorrow

[klyong82]

Report to the police first thing to do and I hope you have witnesses contact details. By the way did the Mohsin bike jacket survive the accident?

[motorbyclist]

[EDIT] Just saw what motorbyclist wrote, on regards to taking him to court. You can only take him to the disputes tribunal which involves no lawyers what-so-ever. If you file a Police report and you are infact in the right, I can only imagine you are by the short description given, then you shouldn't have any problem in court. It's all just a matter of deciding who's in the right, usually blatantly obvious, and then working out how they're going to pay you.

yeah i've been through this before - brother was riding bike, unlicenced 15 year old girl, unsupervised, did a U turn without looking, right outside her house. dad threatened to 'smash' us, we called cops, her parents say "oh but she's learning" then gave cop false details despite the fact he was standing in their living room, he charged girl with several fines which of course, she had to pay to the crown.

as for us, the victims with a (back then worth) $3000 bike completely written off; we had a ruling in our favour all 3 times we took the driver to the disputes tribunal

never saw a cent

there's actually no obligation to pay, it's just a way to have a 3rd party mediate and help decide who was wrong and who owes what


now if you call a lawyer and sue them, THEN there's an obligation to pay, along with the hideous lawyer fees which otherwise cost more than the damages... oh and if they can get away with it they'll probably be paying you back at $10 a week for the next few years

ridiculous that the crown gets her fines and were were left completely out of pocket, and my brother still ahs occasional wrist/back problems as a result of the accident


in short, NEVER ride uninsured - it's under $400 for that bike/learner/under25 combo for full cover and peace of mind

even more gutting is i had full cover to ride it, brother only had 3rd. had we lied to insurance and said i was riding the insurers would've taken the girl to court for us and given us our money to buy a new bike with - so to get some justice we'd have to commit fraud.

go NZ justice system!

[TOTO]

Bloody remuera road. thats wher I binned last tuesday. Everyone take it easy there - it must be cursed.


Hope you got insurance brother.

[ital916]

Hey bro, I'm glad your ok. Ten fingers, ten toes and everything works so it's all good. If you need a hand with anything just drop me a line mate. So more details of what happened exactly, weather, speeds etc just so I can get a clearer picture because speeds down remuera road aren't that high. It tis a cursed road though, toto you binned last tuesday?? I live in remuera guys so if anyone bins in remuera again drop me a text i'll be over pronto if I can. Ride safe.

[HungusMaximist]

Andrew has some good points, at the end of the day if they don't wanna pay you can't force em, regardless if you take them to court or whatever.

Some people (like Andrew has dealt with) just enjoy denying fault and making other peoples life miserable.

Just get insurance sorted as soon as you can for the next 'opps' moment and it only works out to be $10.00 a week and which it will save you heaps of heartache and grief.

Just for next time, grab witnesses, grab his details, make a scene if you have to and file a Police report, because on the long run it will be better for you regardless if the driver was right or wrong (just never admit fault). If somebody fucked you up, surely you expect them to pay right?

Also it will be good if you can give us a break down on how it happened and where abouts exactly where you on Remurera rd?

Good thing you're OK!

[Phurrball]

Not quite accurate guys,

The Disputes Tribunal makes orders that have the same force as district court orders - it's just if the other party has no money, doesn't want to pay, and don't respect court orders - it's going to be a hard battle to get the $$ outta them, and follow up from the bureauracracy that is our courts will take constant, energy sapping nagging and pestering.

Not sure what the procedure is for civil recovery (not an issue in my case), you could possibly employ a debt collection agency based on the court order? There are a couple of people on this site that work for the Ministry of Justice who would be in a better position to answer the "what happens if they don't pay?" question.

At least when one has insurance, the insurance bulldogs sink their teeth in and don't let go till they've got their cash. (And you're indemnified anyway, which is always good!)

Good points here too regarding never admitting any fault and collecting as much evidence as possible (witness details, cellphone pix of accident scene, police reports). Take pictures another day if you didn't take them straight away. Draw diagrams. Take measurements. Calculate speeds in metres per second (helps WRT time to react etc), take notes of road conditions - the more info the better, even if it's after the fact.

If you, or anyone else was injured, then there is a legal obligation to report the crash to the Police, who will investigate and may decide to prosecute (the other party in this case!).

Good luck,

Ross (vetran of 2 DT hearings for same accident)

[HungusMaximist]

^ Listen to the wise words of brother Ross, he's a law graduate!

[Phurrball]

^ Not quite yet...People will expect me to know stuff if ya tell them that!

And even with an LLB ya ain't proper lawyer without Profs, which is later this year...

I know nothing... Rie probably has a fresher knowledge of Criminal and Tort law that crusty old me anyway... (sorry to drop you in it Rie...)

I know of at least one *real* lawyer on this site (I won't out him though), there's probably more lurking too.

The are probably good to ask for info too WRT this situation - there's plenty of them on here.

As you were...

[skidMark]

Hey guys

it finally happened, was going down remuera road today and this guy pulled a u turn infront of me, im fine nothings broken jst shaken up with a lot of scrapes and bruises.

my bike on the other hand... well mostly its all superifcial but apparently my front forks are bent. i havent looked at it fully yet so i wouldnt know.
I do know that the engines fine, but i thin the clutch pedal or the crank pedal is gone.

If anyone would have the time cud they come around and take a look at the bike, cuz i dnt know what 2 make of it. so if someone cud tell me if its salvagable.

If not i might just grab what i can and have sum mechanical fun, if anyone wants 2 help out hah why not turn it into a go kart or idk something fun lol.

anyway if anyone cud help me out that would be much appreciated.

Cheers
Emb

The EXACT same thing that happened to me on remuera road, outside the girls college err cant remember its name...silly women picked up daughter...then without checking her mirrors swung a u turn RIGHT infront of me no indiaing no nohing.