Sooooo I've been in an accident

[phill-k]

Just to throw a bit of balance on the situation.....

This could just as easily be a case of a scooter rider, going "full speed" through an intersection trying to beat a yellow light, coming up against an inexperienced driver finding themselves in the middle of an intersection waiting to turn right and suddenly being confronted themselves by a yellow light.

Perhaps the driver is still in the wrong but it's a little bit much to just assume he's a "piece of scum-pig" based solely on one person's description of the accident.

Often on here Katman you read about this sort of situation and wonder the "other side" of the story.
I have to say whilst legally he may well be in the right, did he contribute to the accident, after all we also read on here experienced riders saying things such as "I've been riding 30 yrs and never had an accident and that can't just be good luck, in your profession I bet the miles travelled verses accident rate are way below the average, better drivers? or better more aware of their environment drivers / riders.

[FJRider]

I realise that 45-50km/h is within the speed limit but the way you've worded this sentence makes me wonder whether you had your mind fully on the job at the time.

Just saying like.

So .... he was riding at a speed near the top end of the posted speed limit, through a set of traffic lights, with a green light, on a busy street, in traffic, and (obviously) had the "right of way", and on a scooter (not known for their stopping/handling ability) ... what could possibly go wrong ... ??? Oh wait ... !!!


In the right ... but on the tarmac ???

[FJRider]

I have to say whilst legally he may well be in the right, did he contribute to the accident, after all we also read on here experienced riders saying things such as "I've been riding 30 yrs and never had an accident and that can't just be good luck, in your profession I bet the miles travelled verses accident rate are way below the average, better drivers? or better more aware of their environment drivers / riders.

Regardless of if "in the right" or not ... having right of way can and will not mean you will always get it. Experienced riders assume every other bastard is out to get you ... the assumption they're not may be your downfall.

To ride a scooter in Auckland traffic and think ... I'm in the right, so I will be right ... is just dam silly. One wrong assumption on the wrong day may kill you.

The large number of miles traveled ... does not assure you safety from all idiots.

[phill-k]

The large number of miles traveled ... does not assure you safety from all idiots.

To give you the greatest chance against the idiots is to identify them before they get you.

What I was getting at was some riders who have years & miles under their belt without accident have more than luck on their side, they ride to survive, believe that nothing is as it seems, understand the risk and are always on guard, yes lightening may strike but in their case they seem to avoid it and thats not luck.

[FJRider]

To give you the greatest chance against the idiots is to identify them before they get you.

Have you not heard ... they're building a better class of idiot.

But the funny thing is ... when those experienced riders do have an off ... he/she usually blames themselves for not looking harder, or seeing it sooner. More blame than the idiot that hit them ... because they were just an idiot.

[Geeen]

Cunty is 'vero' as an insurance company?

When my bike decided to take a nap they got onto things pretty quickly, biggest hassle was waiting for parts from the UK

[mossy1200]

I only fall off when I ride beyond my skill level. If I get hit by lightning while riding I will blame God. Then my insurance wont cover it either and I can say I have been hard done by.

With life comes risks. Manage the risks as best you can and the rest is either your fault or bad luck.

[avgas]

To give you the greatest chance against the idiots is to identify them before they get you.

What I was getting at was some riders who have years & miles under their belt without accident have more than luck on their side, they ride to survive, believe that nothing is as it seems, understand the risk and are always on guard, yes lightening may strike but in their case they seem to avoid it and thats not luck.

Not entirely true. I have been with riders who have never crashed and following them reminded me there must be angels looking after some folk.
While you can't plan for luck (good or bad), you can't discount that sometimes shitty things happen to good people.
Unless you think Max and Rastus were living on the dangerous side?

[Old Steve]

Insurance should cover your scroter & gear. ACC should cover your medical expenses and something like 80% of lost income. The end.

The Police more than likely found the other driver at fault, a Court will then likely find him either guilty or not. Reparation is fairly uncommon in motor vehicle accidents so don't hold your breath.

I think you can sue if you can prove negligence - and going through a red light seems negligent enough for me. Talk to a lawyer if you can sue the little prick.

[Katman]

I think you can sue if you can prove negligence - and going through a red light seems negligent enough for me. Talk to a lawyer if you can sue the little prick.

Do you actually read threads before you post in them?

[SMOKEU]

I think you can sue if you can prove negligence - and going through a red light seems negligent enough for me. Talk to a lawyer if you can sue the little prick.

Unfortunately under NZ law that's not possible. The offender could be taken to the disputes tribunal if the insurance company doesn't pay out for whatever reason, but that would only be for the scooter and riding gear, not for loss of wages or personal injury.

[FJRider]

Unfortunately under NZ law that's not possible. The offender could be taken to the disputes tribunal if the insurance company doesn't pay out for whatever reason, but that would only be for the scooter and riding gear, not for loss of wages or personal injury.

You can sue for damages ... not injury.

Private court action can be taken against him ... but even if you win, HE has no money ... so really you'll be no further ahead. With your lawyers bill that you will most likely end up paying ... even if you win.

If private court action is taken ... he cant get jail time as punishment. (only costs/reperation) As the action is about your rights ... not broken laws.

[Old Steve]

Do you actually read threads before you post in them?

Can't quite see your point there Katman.

I think that, despite ACC, you can actually sue for injury if you can prove negligence. I would suggest that haimsadia talk to a lawyer and see if that is the case here. If the other driver is convicted of an offence then proving negligence is probably easier - you could even use his testimony against him or if he changes his testimony then he's up for perjury. If he has said "I didn't see him" then surely that would be in your favour, as would going through a red light.

I don't know if you can sue for injury or only for damages, and what the criteria is to be able to sue. That's why he should talk to a lawyer and get their advice on whether he can sue and if it'd be worth it.

[Katman]

Can't quite see your point there Katman.

Where does it say that the driver went through a red light?

[FJRider]

Can't quite see your point there Katman.

I think that, despite ACC, you can actually sue for injury if you can prove negligence. I would suggest that haimsadia talk to a lawyer and see if that is the case here. If the other driver is convicted of an offence then proving negligence is probably easier - you could even use his testimony against him or if he changes his testimony then he's up for perjury. If he has said "I didn't see him" then surely that would be in your favour, as would going through a red light.

I don't know if you can sue for injury or only for damages, and what the criteria is to be able to sue. That's why he should talk to a lawyer and get their advice on whether he can sue and if it'd be worth it.

Two or three years to get to court ... lawyers fee's with no certainty of getting costs awarded ... with the low-life probably having no money to pay anyway. It's cheaper to pay a few dudes to break both his arms ... and maybe both his legs too ... the little prick may remember then .... next time ...