Anyone shed some light for me?

[Mully]

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

His location is "West with 6r". Assuming that's his licence, and he was riding the t595. he could have been pinged for that.

As an aside, if you are on an L or R, and this happens, would her insurance (if she had any) consider you at fault because you shouldn't have been there? I understand it's like that if you don't have a WOF (correct me if I'm wrong)?

Find out from the Police why they are not charging her. Seems a clear cut case to me. And either go to Disputes Tribunal or pay a lawyer to go to big boys court.

[gtr boy]

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

[Blackflagged]

Someone not looking,were there ,going was the cause of the accident.60k is fine if people, look were there going!
It`s a conspiracy,to sque the accident figuers.So they can put up acc tax,on bikers.

[FJRider]

Take private court action against her... sue her. Her not being charged with any infringement makes no difference to private court cases...
You could also talk to the senior police officer for your district, and see if the case was dealt with correctly.
If you were travelling at 60 km/hr in a 50 km/hr zone, it may be considered that you contributed to the accident, and thus partly to blame. Often they consider damage to your bike , punishment enough...
But I would reccomend getting at least third party insurance. If you hit something expensive....

[gtr boy]

Take private court action against her... sue her. Her not being charged with any infringement makes no difference to private court cases...
You could also talk to the senior police officer for your district, and see if the case was dealt with correctly.
If you were travelling at 60 km/hr in a 50 km/hr zone, it may be considered that you contributed to the accident, and thus partly to blame. Often they consider damage to your bike , punishment enough...
But I would reccomend getting at least third party insurance. If you hit something expensive....

yeah i agree with getting full insurance.had my full test booked for early january,was then going to get full insurance.just bad timing really for this to happen.
i fell a very competent rider as ridin on and off here and there.just want to get full for the record as fines are very expensive these days

[The Stranger:Me]

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.

No. Small claims can make a determination without either party being found guilty.

If you claim, she may counter claim and should you loose you may wind up with her costs. They have a lesser burden of proof at small claims - along the line of on the balance of probability as opposed beyond reasonable doubt. So ensure your ducks are in a row before you go that route. Make it real real easy for the adjudicator to understand your case (aerial photos, diagrams, photos of the damage, copy of the road code cause they are often pretty sketchy on this), this seems to be more important than who is right or wrong in my experience.

[Big Dave]

>>Never attribute to malice that which can be adequately explained by stupidity. - Robert J Hanlon <<

OT - one day I'll explain the BD stupidity index - you'll enjoy it.

[Katman]

I would suggest that if she is aware of the fact that you're on a restricted license and brings that up at a small claims hearing, and can provide a reliable witness's statement that you were doing 60kph, you're pretty much fucked.

[barty5]

And how did said person know you where doin 60ks personal radar gun??? guy might not like bikers sounds like he pulled that one outa his arse surly they need more proof than that.

[BIGBOSSMAN]

Oh shit Craig that is arse mate. The 'law' works in mysterious ways here in the Banana republic, same thing happened to me years ago when I t'boned a Vauxhall Viva with my RG500 (sniff). Damn mole pulled an unsignalled u-turn 10m in front of me and I couldn't haul the bike up in time.
2 months in hospital with a broken femur and other nasties, only she blamed me for the accident. A cop (Sgt Erihe MOT asswipe) turned up while I was in ECU (had to take off my oxygen mask to answer his asinine questions) and charged me with failing to stop.
Went to court, was thrown out immediately.
Hope you're ok bud, bikes can be fixed/replaced but bodies are a different matter entirely...

[Usarka]

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

Did you see this witness? ie was he really there?

[gtr boy]

Did you see this witness? ie was he really there?

yeah he was a young guy stopped and left his name with the other helpers

[Rcktfsh]

I would suggest making an application under the Official information Act 1982 for the police file, you may well find that upon receiving the request they have coincidentally relooked over the file and decided to take further action against the driver. This is a simple process simply write to the Officer you have been dealing with stating that under the Official Information Act 1982 you would like to request a copy of the Police file for the incident including any handwritten notes/notebook entries made by the attending Officer. this puts them on alert and is likely to cause a review of the file.
regarding your bike small claims is your best bet, you can file a claim for up to $7,500.00 or $12,000.00 by mutual consent. You represent yourself and no lawyers are allowed. A member of the publics estimation of your speed is irrelevant as it is unverifiable, obviously you where travelling at 50 km/hr as that is the speed limit! A great benefit of the disputes Tribunal set up is that they look at the substantive merits of the case, not simply the letter of the law, which should work in your favour, keep it simple and avoid trying a Danny Crane impersonation and you should be right. The fact that a police proscecution has not been taken will not work against you. Have quotes for the bike damage from two different shops as they do not like single quotes. A final tip i would suggest is should, oops I mean when you win, the other party will have approximately 1 month to pay, if they don't then you can approach the court Baillifs to secure payment, this is much more likely the more information you provide them so scope out the place and note any rego numbers of cars parked there and rego check to see if there in her name, that way you can say to Bailliff she owns such and such model rego xxxx which they will threaten to seize should she not cough up when they arrive.
Best of luck.

[gtr boy]

I would suggest making an application under the Official information Act 1982 for the police file, you may well find that upon receiving the request they have coincidentally relooked over the file and decided to take further action against the driver. This is a simple process simply write to the Officer you have been dealing with stating that under the Official Information Act 1982 you would like to request a copy of the Police file for the incident including any handwritten notes/notebook entries made by the attending Officer. this puts them on alert and is likely to cause a review of the file.
regarding your bike small claims is your best bet, you can file a claim for up to $7,500.00 or $12,000.00 by mutual consent. You represent yourself and no lawyers are allowed. A member of the publics estimation of your speed is irrelevant as it is unverifiable, obviously you where travelling at 50 km/hr as that is the speed limit! A great benefit of the disputes Tribunal set up is that they look at the substantive merits of the case, not simply the letter of the law, which should work in your favour, keep it simple and avoid trying a Danny Crane impersonation and you should be right. The fact that a police proscecution has not been taken will not work against you. Have quotes for the bike damage from two different shops as they do not like single quotes. A final tip i would suggest is should, oops I mean when you win, the other party will have approximately 1 month to pay, if they don't then you can approach the court Baillifs to secure payment, this is much more likely the more information you provide them so scope out the place and note any rego numbers of cars parked there and rego check to see if there in her name, that way you can say to Bailliff she owns such and such model rego xxxx which they will threaten to seize should she not cough up when they arrive.
Best of luck.

thanks for that.cop involved gave me the womans name address,phone number,etc so i can get her rego(s) no problem.
will have a think about all your comments and go from there
cheers

[rastuscat]

I’d imagine the police haven’t charged her because they consider your speed was a contributing factor!

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.