Car / skateboard crash - driver claiming damages (NSW)
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!
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Replies to This Discussion
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Premium MemberPermalink Reply by The Dave on -
Did anyone ever send you a letter of demand until now?
Legal advice is a good idea. They provide it free within the small claims division of courts - at least they used to.
It's not necessarily illegal for you to be on the road, so you shouldn't be too worried from that point of view. Certain roads, yes (roundabouts, not sure) but not all. Read through the legal issues thread.
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Premium MemberPermalink Reply by James on -
You wont have to take it to court. If they really think they have a strong case (which i doubt they will), they will take you to court. But you cant really initiate legal proceedings unless you are claiming damages.
If I were you, I would argue that the car failed to give way to you and hence they have no reason to be claiming damages. Recoveries corp is just a mercantile agent that is used when the insurance company cant be bothered pursuing you themselves.
If you tell them there is a dispute in liability, they will likely send the file back to GIO.
Your home and contents will most likely cover this. If you have home and contents insurance, give them a call and see if you are covered. if you are, explain the situation and advise that you do not wish to accept liability and have them argue the case for you.
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Premium MemberPermalink Reply by Steve on -
Nice one James!
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Permalink Reply by J-mo on
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Ok so I emailed em
"- Hide quoted text -
Hi,
With regard to the claim against me by GIO.
I have not received any notices on this matter since winter last year, excepting the latest notice dated the 3rd march.
I had changed address and was only recently called and informed of the situation, at which time I gave my new address.
I was in the process of disputing the claim, prior to moving and simply assumed the claim had been dropped when I was not contacted.
I still fully intend to dispute the claim, in court if need be. I strongly dispute liability for the incident.
Please advise me how to proceed!"And received this reply
"Thanks for your email.
I will send out a version and diagram for you to complete.
Please complete and return this at your earliest convenience.
I will block all letters in the meantime.
Once I review your version of events, I will advise you accordingly.
Thanks!"Should I give them a truthful version and diagram (which could shut them up ).
If I ignore them does that mean they have to take me to court to get the money?
Id like that. But Id prefer they just pissed off and stopped hassling me.
Thanks for your advice James.
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Premium MemberPermalink Reply by James on -
If you were coming from the cars right on the roundabout and were in the roudabout when the collision occurred as you have described, you may as well give them a truthful diagram (if it were to go to court you would need to provide your version anyway)
Just stand your ground but be friendly to whoever you deal with (so it doesn't turn into their own little vendetta). If they still try and say you are at fault, argue that the same would have happened no matter what vehicle you were in/on so the fact that you were on a skateboard is irrelevant.
If i were you, I would write the V&D without as much mention of the skateboard anyway, So just say for example
'I was travelling south on xxx rd and was proceeding through the roundabout when (insert rego here) entered the roundabout from my left and collided with me. The point of impact on (insert rego) was his front bumper. This shows that not only did I have right of way at the roundabout, but that I had entered the roundabout before him.
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Long time no speak!! I thought this was dead and buried but it seems insurance companies have the memory tha elephants do,and I just got a letter from another debt collection agency so I think I am gonna have to pay the $1399.80 they have demanded. I would kind of like to wait til they take me to court but I am worried they will turn up on my doorstep one day and take my only decent possession (car) or demand payment when I may have less money than I do in my current job. So I kind of just want the bastards off my back.
So guys, if a car hits you, regardless of whos at fault, run away, skate away or at the very least give them fake name and address. Better yet, insure yourself, but lets face it, many skaters arent gonna do that. And if they know who you are you have to pay for everything even stupid panels that did not get dented, probably just got a scratch the last time the bastard parked too close to a hedge. Trust me, the list of parts they replaced was a total joke. This makes me angry and it makes me not want to skate. End of rant. Take care on the tar guys and thanks for all your advice.
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Premium MemberPermalink Reply by sidecar nic on -
if this goes to court it's a civil suit. The debt collectors aren't going to touch your stuff until it's been to court and the decision against you is upheld (if the court says you were liable). As annoying as these letters and stuff are, just ignore them and they will go away because the claim is bogus
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Premium MemberPermalink Reply by Jake Elliott on -
any chance of raising a counterclaim in civil court for the injuries you sustained that were caused by the drivers negligence, fight fire with fire maybe?
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Permalink Reply by Robbo on
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I completely agree with Nic, in these circumstances insurance companies hope you get scared and relent but will generally just give up if you ignore them. Believe it or not many people just hand over cash to these people regardless of the situation in circumstances where the insurance company has no intention of taking it to court but just throws out a hail Mary and hopes you just hand them cash
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Its not in the hands of the insurance company, its up to the 2nd debt collection agency. The temptation to cave in is high when there is 6 months between demand letters... I dont like checking the mailbox anymore..
Maybe i should put the cash aside and try to refrain from spending it until (if) i get a court summons??
Such a pain in the arse!!!
On a happier note, look at this neat little guy, not fast, doesnt send you flying into vehicles, but lots of fun.
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