Anyone shed some light for me?

[dipshit]

And how did said person know you where doin 60ks personal radar gun???

That's right, gtr boy may have actually been doing 80ks.

If that was the case then he would have been happy to admit to the witnesse's guess.

yeah okkkkkkk then i was doing 60

[prettybillie]

Get onto your insurance company if you have one and let them do the running around. If you don't have insurance you'll need to go through legal stuff

[homer]

unfortunetly we both dont have insurance.

id be just thinking your self very lucky , everyone should have insurance.

[rastuscat]

Yeah, have insurance, then you wouldn't have to trawl cyber space for advice on what to do...............

[sunhuntin]

The cops can advise you that they are not going to persue criminal charges, but they can't advise you whether to take civil action. You would need to get advice from a solicitor for that. The cops are not there to give you legal advice.

the main reason they said not to bother is

1: it would have been a cunt of a job just making them pay us and
2: it would have been at like $2/week if that.

yanno the type... 2 million kids being paid for by the taxpayer.

still... its taught me a lesson... get your revenge while you can. wish shed been a bit faster so id hit her door instead of her front bumper.

[MarkH]

Unless the witness was following close behind you shouldn't have a problem there. Courts don't even rely on cops evidence re speed unless they have checked it somehow, they aren't going to rely on a lay persons eyeball speed measuring device, you just deny it flat.
As to license, did that contribute to the accident?
Don't go down without a fight.

Even if the witless WAS following close behind - has the witless had their speedo calibrated? If not, do the police REALLY have enough evidence for a charge of speeding to stick? Deny it and defend it!

It's called contributory negligence. The Police have to prove a charge beyond reasonable doubt, but the Disputes Tribunal only needs to decide "on the balance of probabilities". They can decide it's 80% her fault, and 20% your fault, and order costs as appropriate.

Gotta be careful with the gotcha here - if $1K damage to a bike and $9K damage to a car in an accident and the bike was speeding, car failed to give way - decision that 80% fault is with the car driver and 20% fault with the bike rider - then what? Well in that case the total damages are $10K, so the bike rider owes $2K (20%) therefore the rider pays his own repair costs and owes $1K to the car driver.
Something for all you to be aware of!

[The Pastor]

sorry to hear that mate, take it to court tho, make the bitch pay!

[Patrick]

anyone been here before?
cut a long story short,woman pulls out on me,im in hospital for 8days getting skin graft and sporting a fractured fibula .
cops come around and get my statement after im outa the hospital and say there going to charge woman with careless driving causing injury
get a letter in the mail stating that due to all circumstances to incident there not going to charge woman with anything and there not going to issue me with an infringment notice for going 60km/h.
so basically the woman gets off and im here still on crutches with a bike that needs fixing

what i want to know is the next step...small claims for getting my bike fixed?

cheers

PM sent on this to the OP.... then I read the rest of the thread.... Get the file reviewed by an experienced officer (sergeant or higher...)

Do the police have proof that you were doing 60kph?

Eggsakkery..... Mr witness does not have a certified speedo, does he?

It's called contributory negligence. The Police have to prove a charge beyond reasonable doubt, but the Disputes Tribunal only needs to decide "on the balance of probabilities". They can decide it's 80% her fault, and 20% your fault, and order costs as appropriate.

Trouble is, if it is truly as you told it, how can the Police not be charging her? I'm sorry, I have the feeling that there must be another side to the story.

Not bagging you, but if it is purely as you told it, there must be something wrong with the Police decision.

This is true. NO where in any rules, regulations, codes or whatever, does it say, "he was going too fast so its Ok for me to pull out in front of him..."

The wrong class of licence makes nil difference, it didn't contribute to the crash. Maybe he will get a wrong class ticket, but she pulled out in front of a motorcycle, the class of licence did not contribute at all.

True. The "cause" is plain and simple. She pulled out, in front of you, failed to give way. But since an injury occurred, it is raised to careless causing injury.

Sad to hear your views. If it's common, and we don't challenge it, how will it ever change? The IPCA is the place for the complaint.

http://www.ipca.govt.nz/

Meh... too much paperwork for all involved. A simple file review should see her charged.

............ Not seeing an oncoming vehicle is Careless all day, every day.

Adding "injury" to the charge, of course, makes it careless causing injury. Otherwise, "failing to give way (or stop) = $150 fine, thanks" is usually sufficient......

[ColonelKFC]

Same thing happened to me last year on my Gpx. only difference I was going around 30 Kmh in a 25kmh zone. Luckly I wasnt injured. Also lucky it happened in an Army camp. I was on restricted and that doesnt matter. The key thing in your case is instead of careless driving they should have done her for failing to stop or failing to give way.Statements like "I didnt see you" or "are you allright Im so sorry" may suggest she is in the wrong. I managed to get 500 bucks in damages out of the chick who tried to kill me, without going to court, the best thing to do, I found,is stick to your guns and feel no pity for her. I hope if nothing else you left a nice big bike print in her car and you get the satisfaction of her having to pay for that at least!

[SARGE]

thanks for your input so far.there was a witness to the whole thing.he told cops i was doing @60k/h.
might ring cops and try and get his name etc

ask who calibrated the witnesses eyes..