F**king Red Civic Drivers

[onearmedbandit]

Years ago my g/f of the time pulled out from a parking position on the side of the road and was hit by a courier vehicle, who the popo judged to be doing at least 75km/h in a 50 zone. Her fault according to the law and insurance co, as she didn't use due care when leaving her parking spot. Opinion of the cop was regardless of what law the courier driver was breaking (speed) she was in the wrong. Further to this (and I'm in the car industry) I have been told by a major ins company that say if someone rear-ended you in your car, and you were drunk you are still covered as the drinking had nothing to do with the accident. I was speaking to them about it because our finance manager had a crash in his SUV, which was his fault, that wasn't WOF'ed but he was still covered, as the lapsed WOF had nothing to do with the accident.

So go him.

[Jackrat]

At first I thought $100,WTF.
But at the price your now talking,go the other driver for half an tell him your going to keep the cops out of it if he plays ball.
Also tell him you have two independent witnesses.
My wife an I saw it all

I see this as being a both to blame kind of thing,with him carrying most of it, but you might have a hard time of it with the cops because you were spliting at the time.
Good luck.

[avgas]

basically mate, if you break the law, and have an accident - its your fault.
Doesnt matter if he faulted more than you, in the eyes of the court you will both go down. I say write a letter, asking for 1/2 of the costs - if he doesnt pay put baycorp onto him.
You have to be 100% sure when lane splitting, cos they dont even have to drive into your path, they can just open theyre door - and you will be a fault.

[Blakamin]

dont do what me and a mate did... we went around to a blokes place and told him he was paying or we would be back...
(he was in the wrong, drove into our back door arfter taking a corner too wide)
his insurance company said we threatened him and they weren't paying...

[StoneChucker]

Ok, firstly: If you were "lane-splitting" by riding past the car on the right, whilst in the SAME lane, then you are NOT at fault. That is completely legal, and who's to say exactly where on the road you were...

$825 is alot, but if my bike even just fell of it's side stand I'd be farkin lucky to get away with that amount, so it's all relative. As you said, at least you weren't badly hurt ~ apart from that knee ofcourse!

I personally think, if he/she didn't indicate for 3 seconds before moving out with due care, then they should pay all $825, since you were passing on the right, in the same lane remember...

If the exhaust isn't too bad, why not just get it repaired and not chromed? It all depends of the overall condition of your bike ofcourse, would be silly to have a mint bike, and munged exhaust. Along the same lines, I've heard something about race replica fairings being a whole lot cheaper? Might be worth a look.

[StoneChucker]

dont do what me and a mate did... we went around to a blokes place and told him he was paying or we would be back...
(he was in the wrong, drove into our back door arfter taking a corner too wide)
his insurance company said we threatened him and they weren't paying...

You ARE as dodgy bugger! But that sucks though, a case of you're damned if you do, and you're damned if you don't!

[Skyryder]

Outlawtorn, before you go into any kind of litigation with the civic you need to find out if the vehicle is owned by the driver or a finance company. I mention this because if costs are awarded to you, and the vehicle is still under the financial control of a finance company, then the vehicle ‘will not be seized’ for the repayment of debt.

Some time ago I was owed some money for services rendered. I lodged a claim in the civil court (this will cost and you can claim costs and get this money back, only if you win), which on the appointed day a hearing was held. The defendant never showed so I was awarded my claim with costs that amounted to a little over $600. This was when the problems started. This guy simply refused to pay and unless he/she has an asset that can be seized by the court I would walk away and put this down to one of life’s unfair experiences. His vehicle was being paid off but I was lucky in that he had a boat. He was told in no uncertain terms that unless I was paid his boat would be seized and sold.

This was a time consuming exercise. I wish you all the best but look first to see if the car is paid off or not. If not then walk.

Skyryder

[zeRax]

In 1992 I talked to a guy at the 1000 miler who'd had his Ducati 851 fall off the sidestand,the repair bill was $1200.

damn, guess it all just adds up, thats a harsh tab to pick up, specially cause all it takes is one mishap from some drongo, and theres plenty of drongo's out there, guess its just one of those things that are basically enivitable, somethings going to happen somewhere down the line :\ even with insurance, its just gotta be a right piss off

hopefully we come out on top,

is there anyone that hasnt had something unexpected and costly or bad happen out there?