Wasp got taken out this morning

[Wasp]

what is the process of sueing the person/state for not covering my losses? how much would this roughly cost? would my insurance pay for it? would it be worth it?

I just read state's policy; says it will cover the losses of the insured but nothing about me in there besides the manslaughter section which fortunately doesnt apply

[RantyDave]

what is the process of sueing the person/state for not covering my losses?

Sorry, *who* is with State? You or Mr Oops in the 4WD?

I remember a crash umpteen years ago that ended up in court. The forms for that certainly included an amount I was claiming for a rental in the meanwhile. I believe the word "reasonable" was in there, but still.

BTW: 18 year old jumped the lights and hit me (Fiat Uno) on the passenger side front quarter. Sent the car a few metres down the road and physically bent it. F'kin wakes you up that does.

Dave

[Wasp]

Mr Oops is the one with State

wow, I can see how that happened to a Fiat Uno but certainly amazing never the less

[Ixion]

Well, in principle, your argument is with the 4x4 dude.

If he was rich, but had no insurance, you would sue him (probably before the Small Claims Tribunal), for the damage he has done you. (Technically I think it's called a tort) . Damage here is a legal term it doesn't just mean damage to your bike, it means all the losses you have suffered as a result of his negligence. So that would be the value of the bike (or the cost of fixing it) PLUS any other losses or costs you have incurred. You can't sue him for your pain and suffering, or injury, because that is barred by ACC legislation.But anything else is fair game. You are entitled to be put (insofar as it does not relate to any personal injury) in the same position you would have been if he had not hit you.

Now, since he does have insurance, what that means is that his insurance company say, in effect "If someone sues you, we will recompense you for the damages you have to pay". Of course, they may have clauses in their contract with him that restrict their liability - like an excess for instance.

For practical convenience , you are dealing direct with the insurance company. But it is the dude who is liable, it is just easier for you to talk directly with the company rather than him, and he have to pass it on to his insurers.

So , tell the insurers you will be entering a claim against their client for hire of a replacement vehicle until the case is settled. If they say "Who cares, our contract with client Dude excludes us from having to recompense him for that", then tell the dude you will be suing him directly

I think it costs $60 to lodge a Small Claims Tribunal case.

The only problem is that you would have to pay the rental cost up front (unless the insurance company come to the party), then claim it back.

But, I am not an insurance broker or a lawyer. Let us see if anyone more qualified will comment.

[Wasp]

thanks for all your help tonight Ixion, I appreciate it greatly

It's a good thing my Insurance is through Kiwibike - Dave has offered me great advice so far and I will talk to him tommorow (and probably the local bike shop about renting)

now.... the more modern vvt bandit? the weakling 40hp model bandit? or a hyosung? I think there is a vtr there too..... always wanted to try one of those.....

[Chickadee]

Sorry to hear about your bin mate. Hope you feel better soon.

Make sure you get compensation for any bike gear that needs replaced due to the bin (as well as repairs for the bike).

Rest up buddy

[alexthekidd]

Besides, I want a picture of you riding a GN250.

Dave

Check my profile pic

[RantyDave]

Check my profile pic

LOL! Thanks man, you've made my day - it's all I ever hoped it would be. Including those eyes ... sheer terror ... "oh shit, that's a camera"!

Dave

[Wasp]

haha yea, I posed for that though - there is one of me lying down on the tank too but i've forgot whose camera it was

[fireliv]

Hey Wasp,

That really sucks bout the bike, pity tris had sold the FXR and we have left Welly.
I dont know much about the Tribunals part of courts, but you can make sure that the Police prosecute Mr 4WD for Careless Driving causing injury, and tell them all the costs that you have incurred, so that they can seek a reparation order (Include Dr costs, and anything else you can think of). They will hopefully also get you to fill in a victim impact statement, so the court will see your side, and order some money for you.
Of course if you dont get a payout, then u can take State and the driver to court. Like I said, I dont know much about Civil jurisdiction, but you should be able to rock up to the court and they should be able to help you out. I think that the filing fee is about $130, but you can claim that should you win.

I suggest talking to the Police about prosecuting, but let me know if you need anymore help, though I dont know many of the Lower Hutt Prosecutors.....