Hello Guys and Girls,
I would value your opinion or advise on the following matter.
Travelling hame the other day, I made a left hand turn (out on a country rd) and because of some road works (not sign posted) that left gravel over the road surface, caused the front wheel of my bike to dropped out from under me. I sild about another 10 metres down the road causing quite a bit of damage to the bike, my riding apparel, and my EGO! Because of a hole in the crankcase the bike had to be picked up in a trailer. I took photos, reported the matter to the Police, and the next day to the relevant council. I am now in the process of recovering all damages and expenses from the said council. Has anyone been through this process, or can offer me some constructive advise? I estimatate 2 to 3 thousand dollars damage to the bike. And about $1900 dollars to replace the damaged riding apparel.
Help. Regards Phil. GDYUP
Ride safe and watch out for roadworks!!!
hi phil
sorry to hear about your accident, but thank goodness you are ok, bikes are easy to fix, we aren't,,
a friend coming home from the casino late one night on the exit ramp lost his bike due to the expansion joint in the road, he too was ok but his bike sustained quite a bit of damage,,
i believe he is in the process of pursuing some action against whoever is responsible for the road and signage and i would be happy to put you in touch with him if you wish,,
just drop me an email on aramat@dingoblue.net.au
les
G'day,
Council road works are a problem. Wrote my GSXF 750 off on a road that was potholed and riddled with gravel on the entry to a council quarry.
Took pictures etc including the obscured speed signs etc. Thank god for an understanding insurance company (they do exist) and no personal damage other than bruising and an ambition to avoid another off in the future.
I was never told how much, an even little off, hurts!
Bottom line is that with the cost of liability insurance most councils will fight the claim and generally give you a hard time. Best of luck. My insurnance company is still pursuing recovery 12 months later.
About the only good thing to come out of my experince was the decision to move on up to the Bus!
Yeehaa!
Phil, sorry to hear about the prang, but as Les said, as long as you're okay. (good gear sure can make a difference at any speed)
Poh is spot on regarding the fight that you've probably got ahead of you. IMO your best off looking for a solicitor that will act on your behalf and will either guarantee a max fee that is okay with you (remembering of course that you could quite easily loose the claim and the fee to the solicitor) or track one down that has a no win, no skin practice. They usually operate on a proportion of the settlement, but it will vary practice to practice. You may have some challenges in finding the latter cause your claim is so small (I know, it doesn't seem small to you).
The insurers of the council will probably go straight to the motor traffic act to either eliminate or reduce your claim. This act (I just assumed you're in NSW) requires every driver to drive at a reasonable speed and in a reasonable manner so as to ensure that they avoid the risk of a motor vehicle accident at all times. The insurers will most likely argue that it was reasonable for you to expect that there would be debris on the road, particularly if the section that you were driving on was not kerbed etc...
If you wanna bounce this around any further, drop me an email @ ozibusa@optushome.com.au (not sure if this address has been added to my membership details yet) and I'll help any way I can.
Good luck and don't give up the fight (but make sure you limit the amount of money you risk in the process)
Mick
P.S. One of my jobs earlier in life was a Public Liability Underwriter, followed by Claims Manager, followed by Investigation and reporting. About six years experience in all. Oh yeah, in 1988, I hit gravel, stacked and chased Warringah Shire Council for the $$... and won
Thanks for the response Guys,
If I had insurance I wouldn't be so stressed about this situation. It was a Victorian (Melton shire) country Rd Mick. (I don't know if that makes any difference compared to your reply?) Try this one on for size, and try not to laugh! Does anyone know of a resonable (Victorian) solicitor that might be able to assist me in this matter? Many thanks again Guys.
Cheers Phil. GDYUP
Phil - In case you don't get any direct referrals, you can check here -> www.liv.asn.au/directory/specialists/
Cheers,
Mick
Phil, sorry to hear about ta bike! Maybe there could be some helpful and ironic advice in the 10th post heading down by Deemester posted "Next time you sould sue...", or something like that. Interesting and Stupid, but it depends how bad it comes down to to get your bike reparied. Peter
Thanks for the kind words fellas.
But again I ask the immposible question. Does anyone know of a "reasonable" solicitor out there??????? Does such a person exist???
Regards Phil.
GDYUP
Phil, I think you definately have a claim based on some cases that I have heard about. I will make a few calls to find out what solicitor would be the best, but it will take me a few days. In the mean time, perhaps give Slater and Gordon a call on Monday and see what they have to say.
I think your biggest problem will be the size of your claim (small). No win, no fee solicitors such as Slater and Gordon may not be interested.
SW, Bacchus Marsh.
Many thanks Scott. Bachuss March eh? Nice spot. (Try to keep it under warp speed going "up" Woolpack Rd. But that's another story!) If I'm not going through there on my way from Sunbury to work I take "conrod straight" at the back of the Melton reservoir.
You can drop me an Email direct if you like.
munyfajam@bigpond.com
Take care out there, it's a jungle!
Cheers Phil. GDYUP
Woolpack Road? I thought it was Geelong Road you got done on Phil?
It was actually the Bacchus Marsh Rd (Not Geelong Rd).
We were talking about crashes, not speeding fines.
But once again, that's another story!!!!!!!!!!!!!!!!
Ride safe.
Regards Phil.
P.S. Don't change the subject.
Hey there
I spoke to a friend and there is a lawyer in Sydney who deals with motorcycle claims. I don't think he is one of the 'no win no fee' types, but he might be worth a bash. He was featured in a motorcycle mag 18 months ago. I will find details. Is Sydney too remote? Most of these things are done via phone and fax these days anyway.
HEIDI xxx
Thanks Heidi. Scott contacted me, and put me on to one contact. He did mention this chap from Sydney.
I haven't spoken to the guy from the council this week.
I hope to tomorrow. Then I'll give the other contacts the mirror treatment.
Thanks again. Regards Phil. GDYUP
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