Crash on Waterloo Quadrant/Princes St (12 March)

[ital916]

...A bridge too far...

You just don't learn.

Telling someone who is recollecting an accident from FIRSTHAND EXPERIENCE to STFU and have a nice day is bizarre, uncalled for and in poor taste.

Jith's post was written in a pretty mellow tone considering some of the speculation that has been liberally spread about in this thread. I'd have thought a response from the much-spoken-ABOUT person would have been welcomed to balance things up a little.

You were not there, and people in glass houses etc...

You have been the worst offender in this thread for framing your opinion in a deliberately offensive manner. (Don't plead the poor, misunderstood Dushy line - it won't fly this time. You had more than enough hints from the other posters)

Usually I'd leave that to speak for itself - as it has done here, but your STFU comment was one too many for this grumpy old timer - so you earn one of the very few reds I've issued in my 4 years here.

Heal well Jith - Romit (I work with him) tells me you're really positive in spite of some mean injuries. Hospital sucks big time, so I hope you're home soon.

Ross

I stand corrected...you have met him before. I dont frame anything in a deliberately offensive manner, and I dont state things in a misunderstood way. I've been clashing with the smc for zonks on the forum but In real life Im alright arent I

[Ixion]

just let us know where, and make sure we can get it away and we'll take it from you.

Some of our more knowledgeable about these things people: Would he have any case for saying that he didn't need it towed?

This is a very interesting question. I don't know the answer.

When an accident occurs, the cops usually call up a tow truck to remove damaged vehicles, assuming the driver is unable to do so (cos he's in an ambulance). On the face of it, no contract exists between the injured person and the tow company (the driver probably doesn't even know it is happening).

So any charge for towing and storage would seem difficult to enforce.

However the Transport Act 1998 gives an enforcement officer power to order a vehicle removed if he deems it to be a hazard. The act as far as I can see makes no provision regarding payment for the task (impounded vehicles are different there is a regulation specifies how much the tower can charge).

Common law has always recognised that a person who carries out a service lawfully imposed may make a reasonable charge for it.

In the absence of any statutory basis for the tow company's charge they would seem to depend on that common law right.

But in that case, one might question, is $15 a day a reasonable charge? It seems grossly excessive to me.

I can rent lockup storage capable of holdiing probably 8 bikes for Less than half that daily figure.

If the tow company is relying on common law "reasonable charge" they might have trouble justifying that charge (as it relates to motorcycles anyway - I suspect they may charge teh same for motorcycles and cars)

Perhaps someone more conversant with the relevant alw may comment.

[PirateJafa]

This question is probably moot unless the offending car-driver's insurance refuses to pay it.

[jith]

hey guys!!
thanks heeps for all the suggestions and support....
the cops are really conffused and are taking ages to give us a verdict.
i keep calling the cop but he never returns my calls hahaha cops in NZ sucks!! (no offence to anyone)!
.... in the mean time.... the towe truck people are real assholes... they are like "if you dont settle the bill withing the next week, we are going to sell your bike, and if we can't cover all costs by selling your bike, we will hand the case over to debt collectors".... what diks ay!! and i was like pleading going the cops are taking for ever to sort it out and im a uni student and i have no money and blah blah and they are like "thats not our problem"... they are sooooooo unsympathetic!!
tsk tsk...

anyway thats what up at the moment.... other than that im just chilling out in hospital... movies and internet lol

p.s: im starting to hate the whole NZ traffic system and cops and all that jazz... everyones trying to profit from my misfortune!! :-(

[PirateJafa]

Fuck that for a lark.

Grab some big guys, rock up there and tell them that you're retrieving stolen property - they didn't ask your permission to take the bike, nor did you ask them to take and store the bike, so you're taking possession of the vehicle they have "stolen" from you. Call the cops etc if they refuse. Or we can do it if you're still stuck in hospital.

Even if they don't give up the bike (most likely) it's *fairly* likely that will gain you a bit longer.

Failing that, if they do try and sell it, someone will happily "test-ride" it and then return the bike after the ride... to the owner. (edit: oops bad plan, I recall your bike is hardly ride-able any more.)

[jith]

For the record that motorcyclist you remember andrew that I was talking about crashed a week later on scenic drive overcooking a corner. He wasnt wearing any gear bar a helmet *as in jeans and t shirt etc*.

.

man where the hell does this Dushy guy get his facts from.... FYI i was wearing a full race suite and hence didnt even recieve a scratch!
and no i wasnt speeing on scenic drive... it was 11pm on a wet night.... you try riding scenic drive in those conditions at that time without crashing!

honest to god u piss me off... im gna put a cap in ur ass wen i get out of here...
if u dont know wat ur talking about jst keep ur ugly face shut!!

peace

[Ragingrob]

Haha good call Jith.

Anyway, dunno if I've missed it somewhere in the thread but have you said what actually happened? Did you car turn right in front of ya?

Injuries sound pretty nasty, hope you get back to 100% soon enough.

[Real_Wolf]

yah rob, the car was stopped waiting to turn, then suddenly gaped it accross the front of him.

I'm sure some of the more worldly of us can find some way to deal with that towing company, just give us a message. If the towing company starts giving you mega problems, you could send a message to some of those 'shaming' style news shows, like fair go, saying that a car drove into you, then your bike was towed, and now you owe the towing company $600 despite the fact that you didn't want them to tow it, and are unable to do anything about it while in hospital

[ital916]

man where the hell does this Dushy guy get his facts from.... FYI i was wearing a full race suite and hence didnt even recieve a scratch!
and no i wasnt speeing on scenic drive... it was 11pm on a wet night.... you try riding scenic drive in those conditions at that time without crashing!

honest to god u piss me off... im gna put a cap in ur ass wen i get out of here...
if u dont know wat ur talking about jst keep ur ugly face shut!!

peace

For your information I was told that by someone who knows you, so maybe you better get the facts of that strightened out with them fool and yes I have met you before, you even got me a glass of water *thanks for that, it was a hot day*.

from what I was told I assumed you were a silly billy on a bike and seeing you take off down the road with out a helmet at kaiau was silly too. If that wasnt you im sorry as I have mistaken you for someone else.

As for scenic drive at night in the middle of a storm...been there done that. Fun times .

I dont mean to get you so wriled up so chill. I can be abrasive but take it with a jar of salt eh

At least you got the ugly bit right haha

I wont reply to the putting a cap in my arse bit...as thats just silly we all know a cap wont fit up there....the flat peaks kids wear nowadays are just huge.*I actually hope you dont mean to do me any harm as I take threats on my wellbeing seriously*

[jith]

see Dushy im a nice kid i even got u a glass of water!!
and yes i did ride without a helmet in kaiau but that was 50M from where we were parked to the toilet... and i wasnt speeding (but yes i did throttle) and i didn't slam the brakes or try do some skid or stoppie or anything as u guys were reffering to! im sure all of you could think of a time where u've been on a bike for a bit without a helmet!! one time man one time, more than 2 years ago... and hold it against me for the rest of my life will u!! :-S

anyway.... ur like chinese whistles.... u hear sumthn frm sumone who heard it from someone elz and by da time u say it out loud (and u say it as if u saw it) the stories changed altogether..... hahahaha
LOL anyway ive got no hard feelings against u.... ive got bigger things to wory about at da mo


p.s: your riding never was top class so stop picking on mine:-P
and also p.s: ur bike blows blue smoke Dushy!

[motorbyclist]

.... in the mean time.... the towe truck people are real assholes... they are like "if you dont settle the bill withing the next week, we are going to sell your bike, and if we can't cover all costs by selling your bike, we will hand the case over to debt collectors"....

tell them insurance is covering it and the longer they hold it the more they'll get. if that doesn't shut them up, i like the stolen property approach

and get onto insurance mate - are you insured? if you havn't already, you had better get onto this asap because no-one is going to do this for you.


remember you've got those receipts for work done on your bike just before the crash - those and the mechanic can help save you being ripped off by insurance.... test riding a bike for sale by the shop you want a quote from is a known way to increase the value of your bike too

If the towing company starts giving you mega problems, you could send a message to some of those 'shaming' style news shows, like fair go, saying that a car drove into you, then your bike was towed, and now you owe the towing company $600 despite the fact that you didn't want them to tow it, and are unable to do anything about it while in hospital

that is a bloody good idea actually. do that now, so it can be done before they go and do something stupid like sell the bike if isurance doesn't get their ass into gear and pick up the bike for assessing.

[ital916]

see Dushy im a nice kid i even got u a glass of water!!
and yes i did ride without a helmet in kaiau but that was 50M from where we were parked to the toilet... and i wasnt speeding (but yes i did throttle) and i didn't slam the brakes or try do some skid or stoppie or anything as u guys were reffering to! im sure all of you could think of a time where u've been on a bike for a bit without a helmet!! one time man one time, more than 2 years ago... and hold it against me for the rest of my life will u!! :-S

anyway.... ur like chinese whistles.... u hear sumthn frm sumone who heard it from someone elz and by da time u say it out loud (and u say it as if u saw it) the stories changed altogether..... hahahaha
LOL anyway ive got no hard feelings against u.... ive got bigger things to wory about at da mo


p.s: your riding never was top class so stop picking on mine:-P
and also p.s: ur bike blows blue smoke Dushy!

Haha youll find mate that Ill pick on your riding because I learnt everything the hard and wrong way and dont want you to do the same. If someone was a bit more abrasive and up front with me I probably wouldnt have made the same mistakes. Not every bitter soul has bad intentions . Havent had a close call in ageees, no angry cagers out to get me etc bar the incidient with the jogger lol.

As for blue smoke....my bikes fine but looks like stephens starting to blow a lot of blue smoke out of his arse. Takes a lot more than that to wind me up.

Heal up well, when your out of the hospital we can attach a two troke motor to your wheelchair while you heal up....real sick.

p.s Never said you werent a nice guy.

p.p.s anyone who says their riding is awesome should be a little less cocky as shit is sure to find them.

peace

[jith]

tell them insurance is covering it and the longer they hold it the more they'll get. if that doesn't shut them up, i like the stolen property approach

and get onto insurance mate - are you insured? if you havn't already, you had better get onto this asap because no-one is going to do this for you.


remember you've got those receipts for work done on your bike just before the crash - those and the mechanic can help save you being ripped off by insurance.... test riding a bike for sale by the shop you want a quote from is a known way to increase the value of your bike too


that is a bloody good idea actually. do that now, so it can be done before they go and do something stupid like sell the bike if isurance doesn't get their ass into gear and pick up the bike for assessing.

maaan i dont have insuarance on the bike!! cz i was in nepal all of last year (studying at Medical school in Pokhara) so the bike was unregistered (i got an exemption or wateva thy call it) and was sitting in my parents guarage for a year.
Then i got back from Nepal on 8th of November last year... took the bike to da shop da next morning so i can get a WOF so i can get the bike road registered.... on my way to the shop da bike was parked outside a post office and this lady reversed into it.....

so since 9th of Nov 2008 the bike was at the shop being fixed by that lady's insuarance!!
they took ages to fix the bike and finally on 10th of March 2009 (the day before the accident) the bike was ready, and ma mechanic had done a WOF on it too so algood.
so on 10th of March me and Ehab and kyle went to da shop and picked up the bike and brought it back..... and it was parked up in ma parents guarage at home.
on 11th morning.... i rode the bike to da post office (da one infront of britomart) and got it road registered and i was riding to Uni up princess st and this accident happened!!!

so hence ive got no insuarance on ma bike :-(
sooooooooooooo unlucky man!!

and i havent even riding much AT ALL...

and at this point i dont know if the cagers insuarance is paying for it... cz i keep caling da cops to see what their conclusion is and they wont call me bak!! errrrr

should i jst call the cagers insuarance company and see whats up straightup without waiting for the cops to get back to me??

[PirateJafa]

Yes.

__________________

[PirateJafa]

Also tell them the situation with the towing company. Tell them that as the bike is probably going to be a write-off, they should talk to the towing company ASAP otherwise they'll be losing their wreck.

Called the cop's superior yet?