Accident - bike vs car....need some input? Any lawyers here?

[MTB_Roadie]

my friend drove into someone and he did the following....after the guy tried ripping him off with quotes he said okay lets go to small claims, he explained the situation....(guy drove a VW Golf GTI, had aftermarket parts but wanted original) to a lawyer, lawyer wrote a letter saying he will pay off the damages at R50 per month for 5 years....the guy never responded and left it as the small claims court it would have been accepted. In your case, the guy can say a similar thing that he will pay it off in installments, so you will just waste your time. That is why I have insurance, if someone drives into me while cycling, I claim from insurance and the insurance sort it out with him.

[MintSauce]

my friend drove into someone and he did the following....after the guy tried ripping him off with quotes he said okay lets go to small claims, he explained the situation....(guy drove a VW Golf GTI, had aftermarket parts but wanted original) to a lawyer, lawyer wrote a letter saying he will pay off the damages at R50 per month for 5 years....the guy never responded and left it as the small claims court it would have been accepted. In your case, the guy can say a similar thing that he will pay it off in installments, so you will just waste your time. That is why I have insurance, if someone drives into me while cycling, I claim from insurance and the insurance sort it out with him.

 

If he says that, I'll just accept whatever he is offering. It's still better than nothing at all. People often try that to be spiteful. They forget that in such an instance they will pay interest plus collection commission to a lawyer for evey payment. Cutting off your nose to spite your face.

[skidd]

my friend drove into someone and he did the following....after the guy tried ripping him off with quotes he said okay lets go to small claims, he explained the situation....(guy drove a VW Golf GTI, had aftermarket parts but wanted original) to a lawyer, lawyer wrote a letter saying he will pay off the damages at R50 per month for 5 years....the guy never responded and left it as the small claims court it would have been accepted. In your case, the guy can say a similar thing that he will pay it off in installments, so you will just waste your time. That is why I have insurance, if someone drives into me while cycling, I claim from insurance and the insurance sort it out with him.

Always better to have insurance because it eliminates the deadbeat-third-party factor. But, if a R50 per month offer is made, and you have a judgement from the SCC, you can tell the dude to shove it and send the sheriff to his house with a warrant. The sheriff will attach movable property to the value of the judgement and sell it on auction to realise your money. Debtors often lie and claim the property at their residence is not theirs, or is on HP etc but if you have a judgement and a good sheriff, this works very well, especially for smaller debts.

[Gluteus Maximus]

Just try to get solid proof of the 50/50 agreement eg. an email or letter. Then the case will be more easily resolved. Therein he accepted guilt (at least paritial).

 

It will be best to go see a lawyer, even though he cannot represent you at the small claims court. It will give you great insight as to the requirements an reasoning of the presiding officers. You could potentially work your legal costs into the claim.

 

However for a sum of R1500, I would not consider it worth the trouble. He may just come with troublesome excuses for example the side of the road you were on, were there a bicycle lane, did he use his indicators, did you use proper indications? Therefore, I wouldn't go there myself, but as I said go find a lawyer.

 

All the best!

G

[MTB_Roadie]

Always better to have insurance because it eliminates the deadbeat-third-party factor. But, if a R50 per month offer is made, and you have a judgement from the SCC, you can tell the dude to shove it and send the sheriff to his house with a warrant. The sheriff will attach movable property to the value of the judgement and sell it on auction to realise your money. Debtors often lie and claim the property at their residence is not theirs, or is on HP etc but if you have a judgement and a good sheriff, this works very well, especially for smaller debts.

 

Again, there will be sheriff costs involved, etc...just trying to say what had been done

[stringbean]

Don't want to burst your bubble but in the long run i think you will just be wasting your time and be more money out of pocket.Been in a similar situation years ago and took it to SCC.Your problems are:

No witnesses so your word against his.

He is in Jozi so just trying to track him down so the court can serve him is going to be hard.

He also incurred damage and he can also counterclaim(As of 2010 up to R12000)

If you are found only partially to blame you will have to pay some of his damages as well.

http://smallclaimssa.co.za/

Good luck,hope you are ok.

SB