Car / skateboard crash - driver claiming damages (NSW)
Hi!
There seems to be a decent knowledge base on the forums about skateboarding and the law, so I thought Id ask a question that is worrying me.
I was riding my longboard to work one day and had an accident with a car. I was coming down a hill, towards a roundabout. I left space to run it out if needed, nothing was coming on the right, and the cars on the left were slowing. It looked like they were going to give way (as they should do for a vehicle or rider in my position) so I kept heading through. Turns out the guy hadnt even seen me til I was in the process of denting his bonnet. I was mildly injured but my employer insisted workcover would cover my injury treatment since I was on the way to work. So I kind of forgot about it until I get a claim against me in the mail 2 months later, for damages to his car.
If I was considered a vehicle or a rider, then I would have had right of way in the situation and the guy who hit me would be in trouble. However if I was a pedestrian, he would also be in trouble supposedly because you have to give way to pedestrians if there is risk of collision. The senior constable at the local copshop didnt know whether I was liable on a skateboard, he could only tell me with certainty that it is illegal to skate on the road. And yes unfortunately the road did have a dividing line (50km/hr speed limit).
Can anyone tell me thei thoughts on liability in this situation. My car is insured and I have business insurance (Public Liability) however both appear to have clauses that seem to exclude this situation (ie car insurance only covers liability by my vehicle or 'a substitute motor vehicle' which obviously doesnt include a skateboard. And the business insurance suggests liability is not covered when participating in sports.) I am seeking legal aid, and feeling pretty worried.
Any help would be appreciated!
There seems to be a decent knowledge base on the forums about skateboarding and the law, so I thought Id ask a question that is worrying me.
I was riding my longboard to work one day and had an accident with a car. I was coming down a hill, towards a roundabout. I left space to run it out if needed, nothing was coming on the right, and the cars on the left were slowing. It looked like they were going to give way (as they should do for a vehicle or rider in my position) so I kept heading through. Turns out the guy hadnt even seen me til I was in the process of denting his bonnet. I was mildly injured but my employer insisted workcover would cover my injury treatment since I was on the way to work. So I kind of forgot about it until I get a claim against me in the mail 2 months later, for damages to his car.
If I was considered a vehicle or a rider, then I would have had right of way in the situation and the guy who hit me would be in trouble. However if I was a pedestrian, he would also be in trouble supposedly because you have to give way to pedestrians if there is risk of collision. The senior constable at the local copshop didnt know whether I was liable on a skateboard, he could only tell me with certainty that it is illegal to skate on the road. And yes unfortunately the road did have a dividing line (50km/hr speed limit).
Can anyone tell me thei thoughts on liability in this situation. My car is insured and I have business insurance (Public Liability) however both appear to have clauses that seem to exclude this situation (ie car insurance only covers liability by my vehicle or 'a substitute motor vehicle' which obviously doesnt include a skateboard. And the business insurance suggests liability is not covered when participating in sports.) I am seeking legal aid, and feeling pretty worried.
Any help would be appreciated!
Views: 1720
Replies to This Discussion
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Permalink Reply by Jack Bain on
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if ever in doubt about going through round abouts, always stop for cars even if its your right of way because remember the cars own the road not us..
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Permalink Reply by J-mo on
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Hey ASRA braiins trust, one more question... If this goes to court, will they charge me for their lawyers fees? I vaugely remember the magistrate legal aid lady telling me the most you pay if you lose in the small claims court is roughly 600 bucks.. Is this correct? This week I am leaning towards calling their bluff in court thanks to all of your support.. but i may to and fro back the other way. Its an intimidating decision when youre in the hot seat.
For the time being I am sending them this polite "fuck off" drafted with thanks to all of you, helpful thread contributors.
To whom it may concern,I continue to strongly dispute my liability in the incident that occured on the --nd of ----, 2010.Please provide evidence to support your claim that I am liable for the damages sustained by the insured driver's vehicle.If you cannot provide such evidence, I request that your client advises in writing that they will be closing the file, and discontinuing all communication regarding the aforementioned incident.
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