Nitida accident.....

[Tumbleweed]

Still need blood and/or breathaliser (spelling?) - that is what they are there for. Any lawyer worth his salt would get this clown off, he could simply say he was buying his choms drinks. That combined with his testamony and his mates and the truck driver etc would make it very hard for insurance to repudiate claim.

 

That said they do not like paying out so there is a chance of them making his life painful as they pay legal retainers so no skin off their nose by taking it to court to try their luck (bar clown's legal fees should he win).

 

No. You don't need blood or breathalyzer results to convict someone. Think back to the Judge Motala case. The test results were cast into doubt - some problems with the testing protocol, if memory serves - yet he was convicted. Look, it'll be a hard case to prosecute in terms of a drunk-driving conviction. However, armed with the OP's statement, the insurance company could repudiate the claim, and it would be up to the driver to prove that he wasn't drunk and fight it in court at huge expense.

[Tumbleweed]

Sorry, meant to add: Motala's conviction was largely secured on witness testimony.

[Spez247]

In November, I was doing a night ride with 2 mates. At 21h00, one of the guys was taken out by a drunk motorist. We were on the dirt verge at least 2m from the road when it happened. He was incredibly lucky to walk away from the incident, even though he needed to go in for stitches. SAPS / Metro & Netcare responded. The 31 year old female driver was placed under arrest for fleeing the scene, as well as for driving under the influence. She spent the night in jail, and was released the following afternoon on bail. She had comprehensive insurance, so the least we thought would happen was that her insurer would pay out the bike, and consider whether to pay for her repairs. Its been amazing to watch. Outsurance doesn't even care that she was drunk, even though we have 3 statements from eye witnesses, have the copy of the police arrest report stating the charges, blood was taken, etc. She has been paid out for the repairs by Outsurance, and is disputing the cause of the accident. Claims a pothole caused her to veer off the road. We have photos of the scene, and its probably the only road in JHB without a pothole... Outsurance should hang their heads, as they appear to condone this attitude towards drunk driving. The cyclist has met with a lawyer to take them to task on this. Seems its the only option for the innocent & law abiding.

[Tumbleweed]

In November, I was doing a night ride with 2 mates. At 21h00, one of the guys was taken out by a drunk motorist. We were on the dirt verge at least 2m from the road when it happened. He was incredibly lucky to walk away from the incident, even though he needed to go in for stitches. SAPS / Metro & Netcare responded. The 31 year old female driver was placed under arrest for fleeing the scene, as well as for driving under the influence. She spent the night in jail, and was released the following afternoon on bail. She had comprehensive insurance, so the least we thought would happen was that her insurer would pay out the bike, and consider whether to pay for her repairs. Its been amazing to watch. Outsurance doesn't even care that she was drunk, even though we have 3 statements from eye witnesses, have the copy of the police arrest report stating the charges, blood was taken, etc. She has been paid out for the repairs by Outsurance, and is disputing the cause of the accident. Claims a pothole caused her to veer off the road. We have photos of the scene, and its probably the only road in JHB without a pothole... Outsurance should hang their heads, as they appear to condone this attitude towards drunk driving. The cyclist has met with a lawyer to take them to task on this. Seems its the only option for the innocent & law abiding.

 

Are you sure her drunk driving case is complete? I, to my discredit, caused an accident while drunk about 12 years ago. My insurance company approved repairs to my car "with prejudice", meaning should the drunk driving charge stick, they would seek redress from me for both my vehicle and the other one.

[Cellar]

Are you sure her drunk driving case is complete? I, to my discredit, caused an accident while drunk about 12 years ago. My insurance company approved repairs to my car "with prejudice", meaning should the drunk driving charge stick, they would seek redress from me for both my vehicle and the other one.

 

Also, with the accident happening in Nov, and the holiday period, I doubt that this case would have even been heard yet.

[Tumbleweed]

Also, with the accident happening in Nov, and the holiday period, I doubt that this case would have even been heard yet.

 

Agreed. I made six appearances in court - each one delayed for further investigation, despite my lawyer having looked through all the evidence, and me agreeing to plead guilty and take my fine and record - before the case was thrown out because I had a right to a fair and speedy trial, which the state (well, actually the useless investigating officer) was denying me. Not proud of that time in my life, but there you have it.

[Guest Smimby]

ooo ... a time would be great please?

I think it will be between 6-10/9 show?

[90 Inch]

 

Get hold of the owner of DALS, describe the driver and have ameeting with you 3 parties and have him reprimanded bu the boss.

 

 

Not sure that DALS will co-operate.

 

10 years ago now, I was stationary at an intersection in Montague Gardens, a DALS tow truck on his way to a call out went through the intersection, smashing into another car, both then smashed into me, all three cars where written off, and ironically all 3 were towed away by DALS tow trucks. (they have a depo 500M away) Despite two witnesses to his reckless driving DALS refused to take action against the driver.

[Steven Knoetze (sk27)]

Not sure that DALS will co-operate.

 

10 years ago now, I was stationary at an intersection in Montague Gardens, a DALS tow truck on his way to a call out went through the intersection, smashing into another car, both then smashed into me, all three cars where written off, and ironically all 3 were towed away by DALS tow trucks. (they have a depo 500M away) Despite two witnesses to his reckless driving DALS refused to take action against the driver.

 

Sounds like a stand-up company!!!

I've seen some reckless driving by tow truck drivers here in PE, generally speeding, recklessly with no regard to other road users. They seem to think they are above the law.

[Stretch]

Sounds like a stand-up company!!!

I've seen some reckless driving by tow truck drivers here in PE, generally speeding, recklessly with no regard to other road users. They seem to think they are above the law.

 

they are akin to blue light drivers

[Hairy]

they are akin to blue light drivers

Orange light drivers?

 

see what I did there.....

[kingalton]

 

 

Insurance has no way of proving he was drunk. Would be his, the mates and the tow truck drivers word against the cyclist. The horse has bolted on this one unfortunately!

You will be surprised, insurance companies don't take these things lightly... If they suspect someone is drunk while having the accident, they will withhold payment..

[Hairy]

I think it will be between 6-10/9 show?

did anyone listen to this at all?

[Shebeen]

did anyone listen to this at all?

I was listening round 9ish, think they'll be pretty tied up with Ramphele nomination/anc election stuff this morning if it didn't make it earlier.

[Flowta]

I was listening round 9ish, think they'll be pretty tied up with Ramphele nomination/anc election stuff this morning if it didn't make it earlier.

 

Didn't hear it between 06:30 and 07:30

[90 Inch]

It was on between 8:15 and 8:30, did not catch all of it, but basically DALS go by the fact that there was no 3rd part involved, so the driver has no obligation to wait around. The driver claimed he was not insured, so they have no moral obligation to inform the insurance. The Tow truck driver denies removing the reg plate, as that would have been illegal to do.