car hits my bike

car hits my bike

Postby monohull » Mon Apr 28, 2008 7:07 pm

I have been hit by a car (his fault) and have incurred damages totalling 400 dollars on my bike.
Luckily no physical injuries as he was driving slowly.
However it now appears that he does not want to pay up.
Has anybody ever had experience with a case like this?
Or can anybody tell me what my legal rights are and how I can get the motorist to pay up?
What legal protection have cyclists in cases such as these
thanks
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by BNA » Mon Apr 28, 2008 7:38 pm

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Postby sogood » Mon Apr 28, 2008 7:38 pm

Call in the lawyers! ;)

Seriously though, you need to go through the steps by sending him a letter of demand, then another for reminder, and then hit the big time through the legal route, documenting your costs along the way.

If you have been a member of your state's cycling organization eg. BicycleNSW, then they could have assisted you.
Bianchi, Ridley, Montague, GT, Garmin and All things Apple :)
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Postby monohull » Mon Apr 28, 2008 8:01 pm

Thanks very much its just that it is a small amount but it is the Principal of it that gets to me
any more help would be really nice if anyone else has had this happened to them
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Postby toolonglegs » Mon Apr 28, 2008 8:04 pm

I find that you must get people to sign a statement on the spot that they are fault...because once they leave so does all the guilt.
Did you report it to the police at the time?.
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Postby monohull » Mon Apr 28, 2008 8:19 pm

yes there is a report to the police that i made
i have got all the info from him at the time but he just does not want to pay for the repairs to my bike
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Postby heavymetal » Mon Apr 28, 2008 8:26 pm

You may need to seek legal advice.

You could try the Bicycle Transport Alliance B.T.A. as they may be able to provide some advice. They are the closest that I know of to an organisation similar to BicycleNSW.

Kev.
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Postby monohull » Mon Apr 28, 2008 8:54 pm

Thanks i will ring them tommorrow
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Postby purplegolden » Tue Apr 29, 2008 7:30 pm

A friend of mine had the same problem - except he managed to also hurt her. He finally paid up when she suggested that if he didn't, then legal action would ensue.
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Postby monohull » Tue Apr 29, 2008 8:27 pm

ok i will give it ago and let you know how i go thanks everyone for you help
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Postby rambler1au » Thu May 01, 2008 7:56 am

For $400 bucks its not worth going to a lawyer. These claims are too low for a lawyer to get involved as the cost to you will be more than the claim is worth if you cant recover the money.

If this guy wont pay and you cant get him to pay by threatening letters you you can take action against him yourself in a magistrates court.

You can then claim damages against him for $400 with minimal cost.

This will mean seeking a hearing and attending court house yourself issuing the summons and then attending a hearing.

Youll need evidence so I hope you have some pictures etc of the damage done.

The law society in Perth have a duty lawyer that can give you some advice for free and you can do most of the work yourself.

This may still not guarantee you get the money if he does not have any, but the summons may scare himinto paying or at least youll get your day in court.
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