Cellar Posted November 21, 2013 Share We can't use this thread to make you feel good about your bike as you have hijacked the thread . So do you want to break the news to him that he got stiffed and they sold him a TT bike for everyday road use? Link to comment Share on other sites More sharing options...
Nettie R Posted November 21, 2013 Share I have not read the 9pgs advice given. But:The cyclist is seen as traffic. Parking lot is seen as an extension of a public road. The cyclist has right of way, regardless how fast,slow he was travelling to a car reversing out of the parking area.If the vehicle was in fact stationary, why did the driver not see the cyclist, reverse in front of oncoming traffic and why did he stop in the middle of the road, blocking traffic who had the right of way?The onus is on the accuser to prove his stationary vehicle, not the accused who now has to show the vehicle was moving.Regardless of moving/stationary, it's impossible for the cyclist to hit the stationary vehicle if the driver had obeyed the rules of the road and stayed in his parking until the roads were clear. Link to comment Share on other sites More sharing options...
RastaMan Posted November 21, 2013 Share So do you want to break the news to him that he got stiffed and they sold him a TT bike for everyday road use? it is a rebranded Cervelo S5 frame, so its an aero road bike, not a TT bike Link to comment Share on other sites More sharing options...
BigDL Posted November 21, 2013 Share In our law based on old English law. The pedestrian , bike, cart ,tricycle, wagon- has more rights and the onus is on the mechanically operated vehicle to avoid such. Another point you have right of way, the law requires the car to avoid any persons or other vehicles already in the road. So a good old fashion, properly qualified lawyer will know this. You safe. Out insurance may seem cheep, but what most don't know they do not provide cover for the passenger in the car in a accident, making you personally liable if you were at fault!! Discovery make you sign all your rights to any money received from the RAF, until they get there costs back. The also want to settle the case fast, not taking into account long term loss. They want there money and good luck to you. So these are issues all Sa have to deal with when dealing with large crooked insurance company's. Santam are rather reliable Avoid Alexander and Guard risk - with a barge pole.. They manipulate the Ombudsmen on there favor in a dispute. Not sure if it's changed, but our law has always been based on Roman Dutch law Link to comment Share on other sites More sharing options...
sharkbait Posted November 21, 2013 Share According to the police report ---- someone is lying. I'll se if I can get a copy and post it. Again this threat was asking for advice and that is how I want it to stay. Link to comment Share on other sites More sharing options...
LUVBIKE1 Posted November 21, 2013 Share I'm no lawyer, but the only claim I reckon he can have against you is for the excess he has to pay his insurance as the insurance covers the rest. Cars & bikes have the same set of rules. If you hit him with a car the claim would be the same. Unless he has no insurance, which means he's trying his luck. If there is no eye-witness, then its word against word and it gonna be hard for him to prove anything. Firstly I'd get down to the cop shop and report your side of events under oath and get a case number, even if more than 48 hours has elapsed. Then at least there is a legal document to support your side of the story. Confirm receipt of the lawyers letter and date of receipt in writing, that should give you the usual 30 days to respond to the 'claim'. Then inform the lawyers that yoU we not at fault, and refer them to your police statement under oath and the case number. Await the response, should they still come after you, fight it ! Or find and eye-witness, Video footage etc. Link to comment Share on other sites More sharing options...
Harryn Posted November 21, 2013 Share I'm no lawyer, but the only claim I reckon he can have against you is for the excess he has to pay his insurance as the insurance covers the rest. Cars & bikes have the same set of rules. If you hit him with a car the claim would be the same. Unless he has no insurance, which means he's trying his luck. If there is no eye-witness, then its word against word and it gonna be hard for him to prove anything. Firstly I'd get down to the cop shop and report your side of events under oath and get a case number, even if more than 48 hours has elapsed. Then at least there is a legal document to support your side of the story. Confirm receipt of the lawyers letter and date of receipt in writing, that should give you the usual 30 days to respond to the 'claim'. Then inform the lawyers that yoU we not at fault, and refer them to your police statement under oath and the case number. Await the response, should they still come after you, fight it ! Or find and eye-witness, Video footage etc. ...but, as you say, your'e no lawyer.... Link to comment Share on other sites More sharing options...
milky4130 Posted November 21, 2013 Share Had an offroad motorcycle insured through outsurance for almost 2 years, when I got a much cheaper quote and phoned to cancel my policy with them, they suddenly could offer me the exact same cover for R200 less just to beat the opposition.I asked them why I wasn't paying this newly offered, reduced rate from the beginning and they had some excuse or other. I just said no thank you and I won't be using them again in the future either, feel ripped off paying an inflated premium for so long..same thing happened to me, I basically said screw you I don't care if you offer me R1 for the same cover I'm leaving out of principle. Link to comment Share on other sites More sharing options...
Tumbleweed Posted November 22, 2013 Share Not sure if it's changed, but our law has always been based on Roman Dutch law South Afica's legal system is a combination of English, Roman-Dutch and traditional law. Link to comment Share on other sites More sharing options...
Delgado Posted November 22, 2013 Share South Afica's legal system is a combination of English, Roman-Dutch and traditional law.,,,,,,and a whole lot of none whatsoever! Link to comment Share on other sites More sharing options...
nathrix Posted November 22, 2013 Share According to the police report ---- someone is lying. I'll se if I can get a copy and post it. Again this threat was asking for advice and that is how I want it to stay. Would love to see the lawyers letter that was sent to your friend/family member stating he/she needs to pay up. Link to comment Share on other sites More sharing options...
Guest DieBees Posted November 22, 2013 Share Sharkbait - think twice before you respond to this. By doing so, you confirm that you are the cyclist involved. They are going to sound like they have your interests at heart, which implies they have a heart. Say nothing. Do nothing. Give them nothing to use against you. Edit: BTW, it's only a matter of time before they throw around words like "defamation" and "libel". This can only be prosecuted (at huge cost) if 1) it is not truthful 2) it is not in the public interest, and 3) it is not timely (i.e. years later). You get three thumbs up. Ignore them. Wise words! This would not be the first time it happens. They sent a lawyers letter to someone that gave them stick on hellopeter some time ago. It was a huge thing! Be careful! Link to comment Share on other sites More sharing options...
scotty Posted November 22, 2013 Share Don't want to take the credit but it was at the height of the ad campaign showing the outsurance agents supposedly bending over to assist their clients (if you can call 9 months assisting in my case) , I told them it would be better if the agents appear to sit closer to their keyboards to look like they actually working than appearing to nod off. Shortly after they stopped airing the ad. Link to comment Share on other sites More sharing options...
Wyatt Earp Posted November 22, 2013 Share Don't want to take the credit but it was at the height of the ad campaign showing the outsurance agents supposedly bending over to assist their clients (if you can call 9 months assisting in my case) , I told them it would be better if the agents appear to sit closer to their keyboards to look like they actually working than appearing to nod off. Shortly after they stopped airing the ad. Scotty , I always knew you were a b@d @$$ Link to comment Share on other sites More sharing options...
2wheelsgood Posted November 22, 2013 Share Sorry have not read the entire thread but... I'm assuming the car was reversing out of an alley type parking and you collided perpendicular with him? So if, according to him, he wasn't moving, you would've had to be riding across empty parking spaces? What time did this occur?Get some pics of where it happened, it might be fairly obvious that he is being full of it. Link to comment Share on other sites More sharing options...
Andyr249 Posted November 22, 2013 Share no banks areNo, estate agents are No, bike shops trying to make a profit are No, events organisers are No ASG are Hey guys. Thanks for taking lawyers off the most hated list! Link to comment Share on other sites More sharing options...
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