Advice sought | FerrariChat

Advice sought

Discussion in 'Australia' started by al9, Mar 14, 2006.

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  1. al9

    al9 Rookie

    Feb 13, 2006
    40
    Australia
    I was involved in a minor accident on friday and was riding my motorcycle at the time. This incident happened on a 2 lane road 1 or 2 car lengths from a intersection where the lights were red. I was riding between the cars (still legal) In the right lane was a taxi where the front passenger opened the door which i didnt see and hit with my shin on the corner which imediately stopped me in my tracks and caused me to go over the front of the bike and the bike to fall onto the car to the left of the taxi. When i got up i looked at the bike and wondered what the hell just happened. My initial thought was i clipped the taxis mirror then the kind people's which car (Corolla) i hit said he opened the door. I asked him if he had done this and he just hada dumb expression on his face. A bystander then helped me pick up the bike and wheel it to the side of the road. i briefly spoke to the people in the corolla and noticed the taxi stopped on the other side of the intersection. I was then told the offender left the taxi (without paying). I went in the direction and thought i spotted the person and asked him to come back which he ignored me. I asked several more time to which he replied "are u drunk". I was a lil dazed at this stage and thought have i got the wrong person. The offender then stated he was going to dinner and walked off with me following and i could tell he wasnt happy as he was clenching his fists and pumping them as he walked. I followed him another 30 metres to his desination and was perplexed at this stage. I thought to go check on the bike as keys were in the ignition still and the helmet was still with the bike. As walking back one of the passengers in the corolla came up and said thats the guy after i asked. After some persauding he came back to the scene and his friend which also denied being in the taxi finally admitted to being in the cab. I took this guys licence and called the police while he was abusing me verbally. Police came took details, gave me his details (some were incorrect) and mobile number. This idiot in the time being was saying let it go and ride home (bike wasnt ridable as gear leaver had snapped off). Luckily a friend that lives on the street was walking past at the time and took the bike to his place.
    I did a check with white pages and noted a landline number which i called and the guy wasnt home and was told he had lost his mobile (convenient) I gave him 48 hours to call and called back tonight and his mother answered and didnt know of what had happened and said he didnt live there and hang up on me mid sentence and didnt answer when i called back.
    I went and got a few quotes today and whent to the house after the mother rudely hung up. There was no answer but i suspected someone was home and left quote wedged in the front door.
    Im very annoyed by this guys attitude on friday, when i called sunday (sisters or partners attitude, and mothers attitude tonight.)
    I have let a few things go damage wise but if i was to go ahead it would add another 4 thousand approx.
    I have a aching leg with huge bruises and painfull gash.
    Whats the best way to recoup the costs to fixing the bike?
    Should i go all out and add the extra 4 k damage as well as pain and suffering (soft tissue damage)
    The people appear to have money as they reside in kooyong.
    I just received a call from the police then saying to stay away from the house and they are disputing costs and to take it up with the taxi. (got my number from the quote)
    Thanks for reading and any advice is greatly appreciated.
     
  2. scud

    scud F1 World Champ

    Oct 2, 2004
    11,803
    sounds like you will end up with little if you chase this guy . if you chase him through the courts , you will come out with nothing except even more agro than now . going to his house is as the coppers said , a big no no . while the amount you seek is substantial , the extra pain you will go through isn't worth it . look back in a few years and have a laugh . sorry i can't offer anything further
     
  3. jim501

    jim501 Formula 3

    Mar 29, 2005
    1,085
    Gold Coast
    Definitely an interesting case. I've never thought about it. So sorry I can't help at all but I just had a question.

    Lane splitting is only legal when you have at least 1.2 metres clearance on each side of the bike (or so I've been told), so if you collected a door you must have been closer then that to the taxi. If this is the case will you need to be careful chasing this. Will you get in more trouble then it is worth?
     
  4. PAP 348

    PAP 348 Ten Time F1 World Champ
    Lifetime Rossa Owner

    Dec 10, 2005
    100,220
    Mount Isa, Australia
    Full Name:
    Pap
    Sorry to hear about it mate. The guy seems like a complete dickweed. Sorry i cant comment on your problem itself,as ive never been in the same situation. Good luck! :)
     
  5. mhh

    mhh F1 Veteran

    Feb 16, 2004
    5,894
    Australia
    Full Name:
    Mark
    See a lawyer asap and get a full statement down while you still remember it all. The lawyer will also advise you on a course of action. If you can't afford to pay, Legal Aid will cover the first consultation.
     
  6. ferrarifixer

    ferrarifixer F1 Veteran
    BANNED

    Jul 22, 2003
    8,520
    Melbourne
    Full Name:
    Phil Hughes
    5h1t in a paper bag and put it on his door step, then set fire to it and knock on the door and run.....

    at least you'll get a laugh as he stamps out the fire, which is probably all you're going to get.

    disclaimer... OBVIOUSLY, I'm joking... right?
     
  7. Admiral Thrawn

    Admiral Thrawn F1 Rookie

    Jul 2, 2003
    3,932
    Paragraphs are a novel idea.


    Weren't we just arguing over the safety of riding motor bikes??
     
  8. al9

    al9 Rookie

    Feb 13, 2006
    40
    Australia
    This happened in melbourne and rules state you can lane split while traffic is stationary as long as you pass to the right of the car and be in inside the line. im sure i was to the left of the line aswell. I called a local TMU on sunday and the officier said this was correct and also that this guy wrong in the wrong and u cant attemtp to get out of a car in traffic and is liable for damages. The cop said tonight to take it up with the taxi company( Police ought to have knowledge of this as im sure civil matters occur daily) quite frankly his attitude wasnt much better than theirs. This guy needs to take responsibility for what he has done! Taking off without paying a fare isnt good enough either.

     
  9. al9

    al9 Rookie

    Feb 13, 2006
    40
    Australia
    I have taken photos of my legs and yet to take photos of the bike. I took photos of the bike 2 weeks ago before damage as i was trying to sell it. In those photos they arent close enough to see there was no damage in the first place. The bike was pretty much in new condition except for 3 or 4 minor marks. Il take photos tomorrow anyway.

     
  10. SPEEDCORE

    SPEEDCORE Four Time F1 World Champ

    Jul 11, 2005
    46,182
    Full Name:
    Toe Knee
    Thats wat I was thinking too :)

    Tough break. Im not sure of the exact rules, but I do believe passengers need to check for hazzards b4 opening doors. Tho it may still be the drivers/owner of car responsibility.

    It makes sense to go after the Taxi company since its the taxi u hit, but my friend has had 1st hand experience with them and you might have a fight on your hands.

    Im interested if the cop fine him for doing a runner on the cab fare? What did the taxi driver say when he came back?
     
  11. PAP 348

    PAP 348 Ten Time F1 World Champ
    Lifetime Rossa Owner

    Dec 10, 2005
    100,220
    Mount Isa, Australia
    Full Name:
    Pap
    Seems like they are trying to make you push sh*t up hill :confused:
     
  12. Shack

    Shack F1 Rookie
    Owner Silver Subscribed

    May 2, 2005
    2,623
    Earth
    In my experience (and lots of it) forget the court system and to a large degree lawyers. $4k wont get you 1 day with a lawyer/barrister let alone court. Your best bet is to use VCAT. This way you are able to defend yourself if you choose for the sum of approx. $40. You can use a lawyer but I would not.

    Now the Cab company will be your best option as in VCAT they tend to favour the "little guy". In addition the minute the cab company engages lawyers they will waste money far more money than its worth. Also just check to make sure but through VCAT if you lose you are not liable for the other sides costs (please check this!!!!).

    At least using VCAT even if you do lose you will cause them pain!!
     
  13. al9

    al9 Rookie

    Feb 13, 2006
    40
    Australia
    Thankyou for this information,
    I was thinking of a letter of demand to be the solution. I just need to be 100% sure of who is liable first to take further action. The passenger in the taxi ought to be the one paying for damages not the taxi company, but at the end of the day my bike needs to be repaired to its original condition.

    There would be an easy way to deal with this but im not prepared to write this off just yet.
     
  14. scud

    scud F1 World Champ

    Oct 2, 2004
    11,803
    why ask us for advice then post a bull5hit thread on your observation of us ?????
     
  15. ants2au

    ants2au Formula Junior

    Nov 19, 2003
    793
    Sydney Australia
    Full Name:
    Anthony
    come on, he has only been here for 30 days :)

     
  16. vroomgt

    vroomgt Formula 3

    Aug 23, 2004
    2,129
    Brisbane Australia
    Full Name:
    John ARBA
    what about insurance?
     
  17. RMV

    RMV F1 Veteran

    Apr 11, 2002
    7,372
    Ha! Just what I was about to post.

    No crap (read: my) legal advice FOR YOU! :D
     
  18. Horse

    Horse Three Time F1 World Champ
    Owner Silver Subscribed

    Dec 1, 2005
    35,417
    Brisvegas
    Full Name:
    Jon

    That's what I thought.
     
  19. beama

    beama F1 Rookie

    Oct 27, 2005
    3,619
    Australia
    Full Name:
    Steve. G.
    I think its a case of " man with tool in hand not necessarily a mechanic" :)
     
  20. Horse

    Horse Three Time F1 World Champ
    Owner Silver Subscribed

    Dec 1, 2005
    35,417
    Brisvegas
    Full Name:
    Jon
    FF's not a mechanic?
     
  21. sportveloce

    sportveloce Formula Junior

    Aug 31, 2003
    431
    The Aussie section
  22. al9

    al9 Rookie

    Feb 13, 2006
    40
    Australia
    The thread in question was a observation of f chat. Did i specify that it was the Australian section? You drew your own conclusion there.

    Why people get torn to shred's here for little or no reason is beyond me.
    Scud how do you want me to respond to this anyway??

    I'll answer honestly first then il be your yes man.

    I asked advice in here because i was at the assumption people in here had there heads screwed on right and could shed more light on what action i may take. I was at the opinion there may be someone with a law degree under their belt or had success in chasing someone for money in the past.

    Secondly i wasnt inciting a particular reaction from the above mentioned thread. If i were to stir the pot im sure the donkeys in here would be lining up to bite the carrot!
     
  23. al9

    al9 Rookie

    Feb 13, 2006
    40
    Australia
  24. RMV

    RMV F1 Veteran

    Apr 11, 2002
    7,372
    Sorry, no one here remotely fits that description! ;)
     
  25. FFOUR

    FFOUR F1 Veteran

    Sep 14, 2004
    5,195
    Perth, Australia
    should that be rabbits? :confused:

    I don't wear a belt either.
     

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