Anyone shed some light for me?

[gtr boy]

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

[klingon]

Do you have insurance?
Does she have insurance?

The police don't have to charge anyone in order for you to get your bike fixed. It's purely an insurance issue.

[firefighter]

Pursue it further, she should be charged for pulling out on you.....and to even mention not ticketing you for going 60km/h is bloody rough. As for the small claims court surely the police must have decided whether she was at fault or not? (I'm presuming she was) Therefore she is liable and small claims court should'nt even be an issue- i'm sure your insured you should let them deal with it all...

[gtr boy]

unfortunetly we both dont have insurance.

[firefighter]

unfortunetly we both dont have insurance.

hunt her down and break her legs......that's probably all your gonna get out of her......small claims court will probably have to be the go then

[pritch]

You would appear to have a problem. I'd have thought she needed to be found guilty of an infringement before a claim against her could succeed.

Sorry about the injuries and the bike. Insurance is expensive, not having it can be even more expensive.

[jafar]

unfortunetly we both dont have insurance.

It's down to you & her now. As she wasn't prosecuted by the Po lice your chances of getting anything from her in the small claims tribunal are less than they would have been otherwise. Try your luck though, but you have to prove she was @ fault as well.

[Big Dave]

Man - busted up and worked over.
All I can offer is if you feel wronged talk to a Solicitor.

[sunhuntin]

been there, done that, got the scar tissue. lucky for me, there was no extended hospital stay, but i did get 2 weeks on crutches for a "broken leg" [read dusty xray lens] which has stuffed both knees. the bike was a write off as well.

neither of us got charged, and the cops advised us not to pursue furthur [this after her saying shed pay all damages] wishing now id smacked her in the head with my helmet like i wanted to at the time.

[mashman]

Get an independent accident investigator to write up what they would consider caused the crash. Then if necessary try to press charges for assault with a deadly weapon. To sweeten the deal tell the police that you had a one night stand with her a couple of weeks prior to the injury... I detest those that don't do the honourable when they are clearly at fault... why shouldn't you fight fire with fire... LIE YOUR ASS OFF!!!

[klingon]

...

neither of us got charged, and the cops advised us not to pursue furthur [this after her saying shed pay all damages] ...

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.

[Mystic13]

I'd be looking for a further discussion with the police re not charging her. I guess I'm curious if she pulled out in front of a car or if there was serious injury or death would they charge her.

Just curious...

[Owl]

I’d imagine the police haven’t charged her because they consider your speed was a contributing factor!
I think you may be pushing shit up hill dude, trying to get money out of her.

[Katman]

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

[Waxxa]

Do you have names of witnesses? if you do, then Small Claims court. It's easy enough. You don't need lawyer/solicitor but you do need the facts and your events straight and presentable to the court.

Get well GTR hopefully see you on the road soon.