What does KB think i should do to this prick?

[Usarka]

My reasoning has been thoroughly explained in my previous posts in this thread. Someone else's stupidity in not having loss of earnings/medical insurance combined with them not being able to grasp that shit happens and their toys may get broken through an accident is not my problem.

If you are talking about reasonable accidents where the other person is playing fairly, within the rules, and not being reckless, then you're correct. Otherwise they may be liable. Using medical and earnings as an example in NZ is flawed though because ACC prevents us from claiming these damages anyway.

I'll use an extreme example. If you turned around and rode the wrong way and crashed into me then I'd fully expect you to pay for any damages. I'd take you to court because I'm so confident that I'd win.

I suspect it would be a hard fight in a court for the OP unless there is some clear evidence the guy was riding like a cock, and we've only heard one side of the story.


There are legal precedents here. From the article i posted earlier:

Cordon v Basi [1985] 1 WLR 866 (England)
In this case Mr Basi, an amateur soccer player, was held liable for breaking his opponent’s leg in a tackle during a local league match. The sliding tackle was adjudged to constitute “serious foul play” and to have made in a reckless and dangerous manner and to have been worthy of a sending off.

[Zedder]

You bush lawyers need to read this http://www.sportnz.org.nz/Documents/...y_Document.pdf

And before the OP gets too excited he needs to read the last two sentences.

There is also a duty of care owed by one sportsperson to another. In these circumstances it
has generally been held in that reckless disregard must be shown to have occurred before
liability will be confirmed. In other words , there must be more than a mere lapse of skill or
error (with the level of skill differentiated depending on the level of the game). This means a
higher degree of care is required of a player in a first division rugby match than a player in a
local social club match. At the very least, there will need to have been a breach of the rules
of the game, although that will not in itself be enough. The injured sports person needs to
prove that the other player acted unreasonably in the particular circumstances.

The OP stated that he had an offer of payment from the other rider.

From this it appears there is no need for carrying on with the duty of care issue, the level of which (and compensation for) is only decided in court.

[scracha]

It might come as a surprise to you but we're talking about an actual incident - not a hypothetical NR750. (Is that condescending enough?)

So basically your "morals" would only cover a grand or two of damage you'd caused. So glad we clarified that someone in this forum is actually crock full of shit.

If you are talking about reasonable accidents where the other person is playing fairly, within the rules, and not being reckless, then you're correct. Otherwise they may be liable. Using medical and earnings as an example in NZ is flawed though because ACC prevents us from claiming these damages anyway.

Yeah but Katman was talking about morallity, and as ACC doesn't fully cover accidents, loss of earnings and other consequential losses then it would obviously be immoral for the "guilty" party to not pay the difference.

[Katman]

So basically your "morals" would only cover a grand or two of damage you'd caused. So glad we clarified that someone in this forum is actually crock full of shit.

Clearly you're still trapped in Lahlahland.

I haven't caused any damage.

[D3ADLYTuna]

For anyone who is interested, my insurance company is currently assessing whether they will take the other party to court. (which i firmly believe they will)
He had the option of paying the money he said he would, he did not.
He shall now have to suffer any and all consequences for his lack of sound judgement.
I dont care whether i get anything out of it. He had no insurance and if it takes 3+ months in court
then im sure the process will make him realise he could have avoided it if he had just manned up and paid the money he said he would.
And im sure that any legal fees will far outweigh the money he could have chosen to pay me, that being if he does not have to reimburse
the insurance company the $15K+ that they have lost as well as their legal fees.

I will post again here with a result.

Discuss....

[curly]

Are you taking Chuck Norris to court?

[FJRider]

For anyone who is interested, my insurance company is currently assessing whether they will take the other party to court. (which i firmly believe they will)
He had the option of paying the money he said he would, he did not.
He shall now have to suffer any and all consequences for his lack of sound judgement.
I dont care whether i get anything out of it. He had no insurance and if it takes 3+ months in court
then im sure the process will make him realise he could have avoided it if he had just manned up and paid the money he said he would.
And im sure that any legal fees will far outweigh the money he could have chosen to pay me, that being if he does not have to reimburse
the insurance company the $15K+ that they have lost as well as their legal fees.

I will post again here with a result.

Discuss....

Unless your insurance company is SURE they will win the case, and sure they will get the money from the guy. They wont pursue the matter. $15,000 is maybe all they want to lose. The fact that the guy said he would pay you (and hasn't) ... wont have altered your insurance companys view on the matter ... nor it's intention to pursue it.
If court action was to take place ... any payment by him ... to you, could be seen as a prior admission of guilt.
And you will probably get an increase in your own premiums too ... (if you haven't already)

And if court action happens (and I doubt it will) ... you wont get anything. It's just between him and your insurance company. (the only pockets they want money put in ... is their own)

[Virago]

For anyone who is interested, my insurance company is currently assessing whether they will take the other party to court. (which i firmly believe they will)
He had the option of paying the money he said he would, he did not.
He shall now have to suffer any and all consequences for his lack of sound judgement.
I dont care whether i get anything out of it. He had no insurance and if it takes 3+ months in court
then im sure the process will make him realise he could have avoided it if he had just manned up and paid the money he said he would.
And im sure that any legal fees will far outweigh the money he could have chosen to pay me, that being if he does not have to reimburse
the insurance company the $15K+ that they have lost as well as their legal fees.

I will post again here with a result.

Discuss....

Discuss what? You edited the thread into nonsense. Most people won't know what the fuck you're talking about.

For what it's worth, my money is on Chuck Norris.

[Oakie]

Defenestration

You'd break his windows? Shameful!
(What do I win for knowing what that meant?)

[fuknK1W1]

[Geeen]

You'd break his windows? Shameful!
(What do I win for knowing what that meant?)

I thunked it was offing someone by throwing them out a very high window, coz a ground floor one would just piss them off.

[Oakie]

I thunked it was offing someone by throwing them out a very high window, coz a ground floor one would just piss them off.

Well that makes more sense.

[watlaw]

hay i dont no either of u but really havent u worked it out yet theres no teachers to cry to ur just makin urself look like a little girl, why dont u look on you tube theres heaps of tutorials on furthering ur riding skills learn to ride then go get even with him on the track, after taking someone out i love the look on there face wen u say sorry thats racing lol, its good 4 everyone it atracts spectators ill come watch it will be like revenge of the nerds live

Fairly certain that you would have signed a waiver before you took part And why dont you have insurance? Most insurance companies extend cover for advanced training at track days.

[BoristheBiter]

hay i dont no either of u but really havent u worked it out yet theres no teachers to cry to ur just makin urself look like a little girl, why dont u look on you tube theres heaps of tutorials on furthering ur riding skills learn to ride then go get even with him on the track, after taking someone out i love the look on there face wen u say sorry thats racing lol, its good 4 everyone it atracts spectators ill come watch it will be like revenge of the nerds live

But that's the thing, it wasn't a race.

But what you are saying is next time on the track the OP should take out the rider as revenge?

[avgas]

I think it's a combination of both.

Hence why organisers say "no undertaking".

I fail to see why the OP should be expected to just 'suck it up'.

Go read your book on personal responsibility again. You seemed to have missed the point.
His hands on handle bars.
His bum on the seat.
His responsibly.

Perhaps big crying girls shouldn't ride/crash bikes if they can't afford to.
Only a dumbass would assume that incidents won't happen on the track.