how to sue a motorist

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how to sue a motorist

Postby jules21 » Tue Jul 03, 2012 8:36 pm

a mate of mine had a good win in melbourne magistrate's court. he got hit from behind by a driver in the CBD who was trying to overtake him coming away from the lights but 'misjudged'. he wasn't a Bicycle Vic member (which is a good idea), so he wasn't insured. he served the driver with a summons (if that's the right term) to attend a hearing in magistrate's court.

he was well prepared, had all the facts clearly prepared and laid out, and won. a pretty cut and dried case, but it's encouraging to hear that the system worked for him. he didn't use a lawyer, which would have been too costly. he only got 80% of his claim for property damage, as the magistrate made something up about how he could have avoided it (i wasn't there, unsure what that was).

so there you go.
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by BNA » Tue Jul 03, 2012 10:09 pm

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Re: how to sue a motorist

Postby Xplora » Tue Jul 03, 2012 10:09 pm

jules21 wrote: the magistrate made something up about how he could have avoided it (i wasn't there, unsure what that was).

Take it to Appeal... one of the fundamental tenets of the road is the presumption that the person in front has extremely little control over what the person behind them is doing. Sounds like some anticyclist BS that needs to be humiliated by his peers.
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Re: how to sue a motorist

Postby trailgumby » Tue Jul 03, 2012 10:14 pm

Agreed.

Magistrates can be cowboys. Or cowgirls in the case of Pat O'Shane

http://en.wikipedia.org/wiki/Pat_O'Shane
http://www.theaustralian.com.au/busines ... 6415060289
"People have a right to their own opinions, but not their own facts. Evidence must be located, not created, and opinions not backed by evidence cannot be given much weight." -- James W Loewen

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Re: how to sue a motorist

Postby high_tea » Tue Jul 03, 2012 10:34 pm

Doubt it's worth it. It's at least as much time and trouble again, only for 80% less money. Nor is it risk free: there are costs consequences if you lose. Dunno the facts, so I'm speculating, but I've got a hard time seeing how taking the win isn't the right move.

I suppose there's a principle involved, but it's not like this creates a binding precedent. That said, good to hear someone had a win.
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Re: how to sue a motorist

Postby Oxford » Wed Jul 04, 2012 7:38 am

its very rare to receive a 100% verdict, even when it seems very clear cut. receiving 80% is a good outcome. well done to him to get the result he did without legal support.
Building more roads to prevent congestion is like a fat man loosening his belt to prevent obesity.
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Re: how to sue a motorist

Postby biker jk » Wed Jul 04, 2012 9:59 am

trailgumby wrote:Agreed.

Magistrates can be cowboys. Or cowgirls in the case of Pat O'Shane

http://en.wikipedia.org/wiki/Pat_O'Shane
http://www.theaustralian.com.au/busines ... 6415060289


She's also just be booked for using her mobile phone while driving. :roll:

http://www.dailytelegraph.com.au/news/magistrate-pat-oshane-booked-for-driving-while-talking-on-mobile-phone/story-e6freuy9-1226415102578
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Re: how to sue a motorist

Postby jules21 » Wed Jul 04, 2012 10:02 am

high_tea wrote:I suppose there's a principle involved, but it's not like this creates a binding precedent. That said, good to hear someone had a win.

it was the principle for him. the driver was playing hard to get, so he called his bluff. i'd do the same, i reckon - except that i've got BV insurance.
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Re: how to sue a motorist

Postby high_tea » Wed Jul 04, 2012 10:33 am

jules21 wrote:
high_tea wrote:I suppose there's a principle involved, but it's not like this creates a binding precedent. That said, good to hear someone had a win.

it was the principle for him. the driver was playing hard to get, so he called his bluff. i'd do the same, i reckon - except that i've got BV insurance.


Oh, I was talking about appealing. I would probably have gone to court too in his shoes. Good to hear he got a result.
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