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What are my rights? Where to from here?


Rifi

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So, on Saturday morning at approximately 9:45 am, in Main Road and corner of Ladies Mile in Cape Town, 2 of my friends and myself was standing at the traffic lights waiting for it to change. As it changes, we proceeded slowly with me at the back. The car beside me did not look in his left review mirror and without indicating, decided to turn left off the road and as a result, I too went left onto the gravel, screamed my lungs out, breaked hard and went over the bike.

 

The driver of the vehicle came and said “I did not see you” and that it was not his fault. He said he would pay for the damages and friends of mine took pics of his car, licence and details. We then went further up the road to lay a charge at Diepriver police station where the constable said we need to lay an accident report. Which I did and I have a case number.

 

Now, I contacted the driver the afternoon and he wants nothing to do with what happened. He turned his phone off and now is un-contactable. I had a closer look at his drivers licence and notice that he has a pdp licence. I refuse to leave this like this. What else can I do fellow hubbers?

 

 

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This seems a bit petty. The guy stopped and said he would pay for any damages and you still ran straight to the police station to press charges.

It could have been a lot worse but it wasn't.

I say count your blessings, build a bridge and ride over it.

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Your story does not read that easy Rif.

 

You were riding and busy getting up to speed after the light and the driver alongside you swerved off the road when they were next to you, forcing you off the road as well? Have I got that right?

 

Did you get touched by the car in any way or was it all evasive action without you being hit by the car?

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Insurance claim. Get hold of your insurance company and lodge a claim. Give them the accident report number and let them handle it. That's what you pay them for.

 

Assuming of course that your bike is insured.... 

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You did the right thing!

Sure you will get some good advice from people who know.

 

Always report an incident no matter how minor.

If there is a claim later for whatever reason and no report you have a problem.

He does not have to have touched you to be liable.

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Go back to police to get details of him or ask your insurance to help you...

 

Show us the pics of the car and pic of his driver licence.. Maybe we will recognise him...

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This seems a bit petty. The guy stopped and said he would pay for any damages and you still ran straight to the police station to press charges.

It could have been a lot worse but it wasn't.

I say count your blessings, build a bridge and ride over it.

 

People can promise the world there and then and then when home ignore and forget

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seems like he wanted to sort it out, u going to the cops has put him on the defensive. It may have been a good idea to chat to him and have both of you go at the same time as he seemed to be willing at the time.

Edited by VicanZA
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I'm not getting something here...

 

"2 of my friends and myself was standing at the traffic lights waiting for it to change. As it changes, we proceeded slowly with me at the back."

 

then

 

"I too went left onto the gravel, screamed my lungs out, breaked hard and went over the bike."

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If you want to claim for any damages and you have no insurance ..take it to the small claims court...

many times before i have seen people refer to small claims court,,,,,urban this is no attack or stirring its a question only

 

who has ever used small claims court ??? and by defenition its SMALL ie can it seriously be anything other than pricipal ISSUE????

 

my day or  days 2/3/5  in court simply cannot be justified BY being irritated or financially for a SMALL CLAIM??? 

I WAS TOLD LOOOONG TIME AGO PRINCIPALS are best left in the bedroom never used in a court room,

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many times before i have seen people refer to small claims court,,,,,urban this is no attack or stirring its a question only

 

who has ever used small claims court ??? and by defenition its SMALL ie can it seriously be anything other than pricipal ISSUE????

 

my day or  days 2/3/5  in court simply cannot be justified BY being irritated or financially for a SMALL CLAIM??? 

I WAS TOLD LOOOONG TIME AGO PRINCIPALS are best left in the bedroom never used in a court room,

Well I used it once..years ago ..when some guy crashed into my car...the guy eventually paid monthly installments to to cover my damages...both of us no insurance...at that time...a buddy of mine ...for some reason always gets involved with fender benders with people that are not insured ...even tho he has insurance he still persuits via the small claims court ..and his always successful. ...I suppose that's how roll on the Cape Flats...I'll see you in court...Da Small Claims Court.....☺☺☺

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Sorry, to clear things up... I gave him the opportunity to make things right, i.e. take responsibility for the damages. Yes, I am insured but I did not want to go that route because he has a PDP licence. If there is a violation against your name, your PDP licence will be suspended. 

 

What upsets me was the fact that when I called him later in the day, he was rude and obnoxious. He said I dont belong on the road etc etc... 

 

My concern is not around the damages, more than often we have been hearing about incidents where vehicles dont consider cyclist. If I were to let this slide, he can do the same to another fellow cyclist.

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