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 Skittles on -
Yeah dude, debt collectors are a pain, but they really can't do anything, unless it is the mafia... If the insurance company was serious about the claim, they would take it to court. The fact that it is the second agency says to me that the first one dropped the chase because it was not going to be fruitful.
Don't pay the charges, he rammed you. End of story. If you run a car into a house you don't sue the house owner for damages, nor do you sue another car in the same situation.
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Premium MemberPermalink Reply by Ben Mod on -
That means the first debt colection co. has given it up as a lost cause and sold it on to the next... sounds like you're winning.
Remember that these guys spend every day practicing ways of writing threatening letters so they'll be good at it. I'd follow the advice that you have and ignore them.
Good to see it hasn't put you off skating!
J-mo said:
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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Premium MemberPermalink Reply by sidecar nic on -
If they persist with this garbage it will automatically go away after 7 years. Stay strong!
You are not responsible because the driver was at fault
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ASRA AdminPermalink Reply by bernie on -
Send the debt collection agency a letter stating that the debt is in dispute, and unproven, and that you are seeking legal advice. better still get a legal aid solicitor to do it for you.
You should also note in the letter that as the debt is disputed and unproven any reference to the debt on the credit reporting agency listings will result in a defamation action from you.
Even if you get away with out paying, it is the credit reporting agency list that will fuck you over in you future life, as that is what banks refer to when approving home loans and the like, and you wont know about it until you get a knockback, so be sure to tell the bank about the disputed action when you apply for loans in the future.
So at some level you really do need to fight back.
Make sure you get legal advice.
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ASRA AdminPermalink Reply by Bugs on -
Bernie is right about the credit rating issue - that's your main problem now. But you CAN check your file - google "credit rating" to find the companies that do this.
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Premium MemberPermalink Reply by James on -
Unfortunately it won't go away after 7 years if they continue to pursue it. If they just didnt pursue you for 7 years, they couldn't then ask for money 7 years after the incident. If they are in contact in-between, then its a different story.
They also can't mark your credit rating at this point unless you enter into a payment plan with them and do not adhere to it. This is because at this point you have no contract with them. However, if they take you to court and win (or if you don't turn up and they get default judgement) and you don't pay, this could effect your credit rating.
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Permalink Reply by Longboard Billy on
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Dude, that's a lot of money to pay for having a car ram into you, you're the one who should be paid.
Seeing as you were never shown to be liable, and you're not liable, there's no reason for you to pay. Doing what Bernie said should put them in their place:
"You should also note in the letter that as the debt is disputed and unproven any reference to the debt on the credit reporting agency listings will result in a defamation action from you."
I had a similar incident skating across a pedestrian crossing about a year ago, the old-man driver knocked me over, crushed my board and didn't even stop (pretty sure it was intentional). Happened so quick I didn't even get his number plate but I did get in a solid kick into the back side panel of his car which would've exceeded the cost of damage to my board :D At least I didn't have any legal repercussions.
Good luck fighting the powers that be.
J-mo said:oh that sucks!! It would probably just be easier to pay. Fuck.
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Permalink Reply by J-mo on
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Just got a letter from the 2nd debt collection agency stating that in an effort to finalise this they are willing to reduce the amount owing by half. They would not do that unless doubting they would get a good return if they took me to court right?
I have ordered my credit file (takes 14 days if you want to get it for free), so I will find out soon whether it is on my record yet.
Its tempting to take the half price settlement and get them off my back. But it also kinda suggests I am winning..?
Fuckers. I would rather be an undertaker or a toilet cleaner, than a debt collector.
Sorry to keep this thread dragging out. I really appreciate all of your advice and support!! I was close to caving in and paying after that last letter.
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Permalink Reply by Geoff Carroll on
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I think you'll find that the driver is in the wrong regardless.
Insurance companies from my experience of late, have decided that it is too difficult to determine who is at fault in vehicle accidents involving roundabouts with each party having to pay their own claims.
I would have a solicitor write a letter to the claiment/Insurer (or if you are smart enough write it yourself) telling them to go and fuck 'emselves (politely of course). Let them know that the driver was at fault as he 1. hit you, 2. admitted that he didn't see you, and 3. the incident happened on a roundabout where you had right of way. As workcover is involved advise them of the situation, provide them with the insurance company's details and let them deal with it.
You don't need luck here, just a level head.
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Workcover would not want to cover this sort of thing, surely? Whether I am liable or not is something I am interested in thinking about to be honest!! I am mostly just concerned about whether they will take it to court eventually and will I get a bad credit rating. If either of these things look like happening I will just pay them. I think that when they offer me half payment it is either a last ditch attempt before giving up / selling it on to another debt agency, or it is a last ditch attempt before taking me to court (which could cost nearly as much as they would recover). But like i said if they serve me a court notice i will probably just pay them I am tired of their shit.
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I am considering sending them this:
To whom it may concern,
I am writing to inform you that I continue to strongly dispute liability in the incident that occured on _ / _ / 2010.
However, it may be in your interests to offer a further reduced lump sum payment as a full and final settlement of all monies owed, along with an agreement to remove ALL credit history records relating to the initial incident.Regards,
Is this smart? I think it is worth it if they agree. Its pretty likely I have it on my record by now. And I would love to be able to forget about the matter.
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