Jump to content

Recommended Posts

Posted
One thing on the indemnity - it is a well established legal principle that one cannot contract out of one's own negligence' date=' and I believe that there was indeed negligence on the organisers' part here.  I'm pretty sure that if you fought this (by way of legal action) you'd win it (obviously depending on the evidence (i.e. witnesses, etc) that you put together).[/quote']

 

I must agree...this matter cannot simply be put to rest...the race organisers need to jack up their side as well. I assure you - It will only take ONE succesful court claim to get them to sit up and listen (and also "find" the responsible person)

 

Surely the organisers (1)  KNOW who drove the recovery vehicle? (2) KNOW who is in charge of loading /offloading bikes etc etc. There is definately a traceable line of authority here...just keep following it. If there is one person responsible, then take him/her to small claims court (at least).

 

Sue the buggers!!

 
Posted

agree , keep on pushing for a solution, the organisers must take responsiblity for the bike. i can't believe that they have the audacity to only offer you a good discount on a new bike thru Cyclelab. why couldn't they deal direct with the Pinarello agents? write to all 2 cycling magazines and tell them of your predicament and lets see who has the guts to publish your letter.   

Posted

Yes, the bicycle was insured, and our insurance will cover part of the cost, however, this is not the issue. The organisers of the Argus admit to having the bicycle (ie. the marshall at the point where it was left remembers it, and remembers loading it onto the recovery vehicle), but it was then "lost", and we feel that this is negligent on their part, and someone should be responsible for that negligence.

Posted
Yes' date=' the bicycle was insured, and our insurance will cover part of the cost, however, this is not the issue. [/quote']

 

Thanks for clearing that up. I think we are all behind you 100% and it's worth pursuing all the way
Posted

One of my cycling club members fell on the M1 in the 94.7 last year dislocating his shoulder. The medics put him in the ambulance and he asked them "what about my bike?" They just said don't worry the sweep vehicle will pick it up.

 

Needless to say his bike went missing and was never seen again.

 

He had the same issue with 94.7 race organisers and his claim against them has also come to nought. They claim no responsibility at all and have walked away from the incident citing indemnity etc.

 

He had to replace his bike himself.

 

Posted

 

Yes' date=' the bicycle was insured, and our insurance will cover part of the cost, however, this is not the issue. The organisers of the Argus admit to having the bicycle (ie. the marshall at the point where it was left remembers it, and remembers loading it onto the recovery vehicle), but it was then "lost", and we feel that this is negligent on their part, and someone should be responsible for that negligence.[/quote']

 

I agree and i'm sure a lot of others as well - they must take responsibility for being negligent - just think about it - next time u injured this may happen to you!!

 

Keep us updated as to the outcome...

 

Posted

Maybe they should lay a charge of theft against the organizers.

The Marshall acknowledged that the bike were loaded in the recovery vehicle. So there is proof that the bike was taken from him. Do they have proof that they had ermission to take his bike away from him.
Posted

If the bike had been blown off Chapman's Peak down the cliff into the deep blue sea below, fair enough. Your loss, your cost. But in your case the bike was taken into their care, so they must take responsibility.

 

Girl, make 'em squirm.  
Posted

Maybe they should lay a charge of theft against the organizers.

The Marshall acknowledged that the bike were loaded in the recovery vehicle. So there is proof that the bike was taken from him. Do they have proof that they had ermission to take his bike away from him.

 

I agree. Open a case of theft at the SAPS. I'm sure something/someone will crawl out of the woodwork before too long.
Posted

I seriously think this matter (in principle) should be taken to all the race organisers and get a CLEAR answer from them as to where exactly they & we stand....

 

Maybe an open letter to all 94.7 & Argus organisers in all of the bike mags?

 

We (as paying participants) need to know exactly (1) Is our bike being taken care of in case of us being injured and removed to hospital etc.?

(2) OR is it OUR responsibility from the onset to look after our bikes in a race...come hell or highwater?

 

If these issues are clear from the start then we cannot complain afterwards. BUT, i'm under the impression that my bike will be delivered to me via the sweeping vehicle...why have one of those then if it is only to aid in a quick theft operation?

 

What do you say - let's draft a letter (as Hubbers) and demand an answer & explanation from all the big race organisers...Angry

 
Posted

Whoever took the bike surely knows its value and must be a cyclist, i cant believe no one would notice someone suddenly riding a bike such as this.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Settings My Forum Content My Followed Content Forum Settings Ad Messages My Ads My Favourites My Saved Alerts My Pay Deals Help Logout