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The Pub For General Automotive Related Talk |
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#1 | ||
Stroking it...
Join Date: May 2005
Location: The 'butt
Posts: 2,844
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Greetings,
Hoping some of the informed members around here might be able to help me out. Last week I reversed into a motobike in a PRIVATE carpark at work. The bike was parked behind a carpark (that i was parked in), in the middle of a footpath, that runs paralell to a building. (does that make sense?) My car was not reversed the whole way up to the "concrete block" so i was still well within my park. According to witnesses (and vid footage) i reversed into the bike, the tow ball tapped the bike and it fell over. Now i had the wagon full of boxes and crap and with the radio and etc what not on i honestly didn't hear anything and i couldn't see the bike out my back window (i checked when i left in the afternoon), I got out of the car and walked in the opposite direction to my work so at the time was none the wiser, Until he confronted me after work and showed me ALOT of damage. Now the owener of the bike works at a construction site next door to work. There are (and i have pics) 6 signs that state *NO CONSTRUCTION WORKER PARKING**. The closest some 3m from where his bike was My Question is how liable am I considering he was parked on a footpath, while theoretically parked illegally on private property? Thanks in advance! Cam |
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#2 | ||
lpg = big boom!
Join Date: Oct 2006
Posts: 1,377
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its private grounds,
its a cival matter that will need to be worked out individually. he may make a claim against your insurance. but if he was parked in an unsutible area the damage is on him... same as a person who parked their JAG in an area laled NO PARKING CONSTRUCTION ZONE had their car flattend by a block of cement that fell... people moving the cement had no troubles as he was illegally parked
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BF Futura Dedicated E-GAS w/Ghia bling Project: 86 ZL Fairlane, Red, Sunroof, 310,000KM ![]() |
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#3 | ||
FF.Com.Au Hardcore
Join Date: Aug 2006
Location: Salamander Bay
Posts: 5,427
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if you reversed into him you are in the wrong end of story the law is quite clear on that. if the car park is open to the public ( customers ) it (in NSW ) is classed as a "road related area " and the road rulus and liabilities apply, if you get into a car in a car park drunk and only move the car to another spot in the same carpark you can get done for drink driving in a "road related area" . i don't know what state you are in but i would assume that simmilar provisions apply. sorry but you'll probably have to cough up
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[SIGPIC][/SIGPIC]
Everyone starts off with a bag full of luck and an empty bag of experience. The trick is to fill the experience bag before the luck bag is empty. "It is better to remain silent and be thought a fool than to speak out and remove all doubt." Start a new career as a bus driver Rides: FG2 XR6 stock at this stage but a very nice ride xc 4 DOOR X CHASER 5.8 UNDER RESTO |
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#4 | ||
FF.Com.Au Hardcore
Join Date: Oct 2006
Posts: 895
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You backed into it, be a man, suck it up and pay up
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#5 | ||
Internet Hero- Call Me
Join Date: Nov 2007
Location: The Internet!
Posts: 4
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Too bad if it was a small child on the footpath. You admitted that you failed to look, having a car load of goods is a very poor excuse for your failure to control the vehicle. You are stating that the footpath is close enough to the parking spot that your car went over the footpath. WTF? I am glad I wasn't a pedestrian walking on that footpath with you parking.
Did you think that the motorcycle parked on the footpath to get away from poor drivers like you. You as a driver has sole responsability over the movements of your vehicle. If that means getting out to check to see if there is adequate room if you have to. Then you admit that you left the scene in total ignorance of your actions. Too bad if it was a person lying there in pain. So you think that because maybe he was parked where you seem to think he shouldn't have been that it is all his fault. Well guess what, it is yours. As much as I love my Ford, I am a Motorcyclist first. And yes, I do park on the footpath as well when ever I can, because I have had my bike knocked over by idiotic car drivers like you. One time with me standing right next to it. Next time LOOK !! PS- be responsible for your actions and do the right thing. Stop crying like a child and getting on the internet to get "legal advice". TOOL |
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#6 | |||
LIFELONG DJR SUPPORTER
Join Date: Apr 2005
Location: CENTRAL QUEENSLAND
Posts: 5,324
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Quote:
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#7 | |||
Internet Hero- Call Me
Join Date: Nov 2007
Location: The Internet!
Posts: 4
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Quote:
Why? I can put myself in the bike riders position. I bet, being on the construction site, the motorcyclist is not comfortable parking his pride and joy on site, due to equipment being moved around. He doesn't want to park it on the street either. Cars are constantly coming and going and the risk of getting the bike knocked over is high. So he sees a nice "private" car park that looks out of the way, but he doesn't want to take someones car spot. Instead he parks it on the footpath so that it is at least safe. Afterall, cars don't drive on footpaths do they? But how wrong he was. Instead, along comes our op. A car full of stock, with limited visabilty, the radio up so high he cannot hear anything, who blindly reverses his car so until it "taps" the motorcycle. Now, as you should know being a "bike rider" that it takes alot more than just a tap to knock over a motorcycle. He would have hit the the bike with plenty of force, enough to maim or possibly kill a small child. Ignorant of his actions, he wanders off to work. After work he was "confronted" by (I can imagine) an angry owner of the motorcycle. After the bike is looked at to see "älot" of damage (see tap for reference) the op jumps into his car a drives off with nothing more than a scratch on his towball. In the meantime, the motorcyclist is left with a damaged bike that now has to be repaired. It will be off the road and he is left inconvenienced and from the sounds of it out of pocket!! Can I put myself in the car drivers position - NO! Oh, and I now have 2 posts. Does this qualify? The op asked for advice, I gave him some, directed to him. Why did you MNM96 feel the need to quote me and get involved? Your reply is attitude towards me with nothing to add to the original question. You felt some need to bignote yourself by pointing out the obvious. Well done ![]() |
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#8 | ||
LIFELONG DJR SUPPORTER
Join Date: Apr 2005
Location: CENTRAL QUEENSLAND
Posts: 5,324
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Double up sorry!
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#9 | |||
LIFELONG DJR SUPPORTER
Join Date: Apr 2005
Location: CENTRAL QUEENSLAND
Posts: 5,324
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Quote:
I am a bike rider, and sometimes other can be a little unwary of riders. You failed to ensure your actions were safe, you are culpable, if not legally, certainly morally! PS. The best legal advise you will ever receive on a Forum is seek Legal advice from a professional! Mike
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#10 | |||
www.TUFFCARPARTS.com
Join Date: Feb 2006
Posts: 5,221
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Quote:
On another note, say you do have a legal standing and are not liable. Do you really want to tell this guy that you're not paying (when YOU are clearly in the wrong), considering he knows where you work, where you park your car, and what your car looks like?!
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#11 | ||
aka fpv747
Join Date: Jun 2006
Posts: 1,339
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i think pay.because you damaged another persons property. and drink enough beers to convince yourself he,s a tool for parking where he should,nt. lol
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2012 nissan gtr tuned by willall racing 370awkw 2014 ford raptor supercharged 490hp 1969 chevy pickup |
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#12 | ||
Stroking it...
Join Date: May 2005
Location: The 'butt
Posts: 2,844
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Ok, feel free to flame away, i am starting to expect that when anyone asks for "advice"
Regardless, it was 7am in then morning, in a PRIVATE carpark (marked private, not a public one), in an industrial area, there were only a few other cars in the car park, no chance of kids etc etc so yes I should've looked, i back into the park everyday and theres not another car or person around, but anyway.. Without pics I cannot explain the layout of where it all happened, i will however take pics to try and explain my point. Finally, I was asking for legal advice, someone tell me WHERE in gods name i mentioned that i wasn't going to pay for it. Clearly some people have difficulties reading. But thanks to those who gave advice, appreciated. |
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#13 | |||
FF.Com.Au Hardcore
Join Date: May 2005
Posts: 3,150
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Quote:
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Hervey Bay QLD Great trades recently- GILMORE BOSSYONBIKE |
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#14 | |||
FF.Com.Au Hardcore
Join Date: Aug 2006
Posts: 556
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Quote:
Man up, and call your insurance company... Your business putting a "No construction workers parking" sign up doesn't mean you can do a hit and run and get away with it... In my books, you're lucky he didn't call the cops for you leaving the scene of an accident! |
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#15 | ||
FF.Com.Au Hardcore
Join Date: Mar 2006
Location: NSW
Posts: 2,000
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Yeah you should pay as you through being careless Damaged anothers Bike, if you had payed more attention you would have seen it & not Hit it.I always look all around my vehicle as I am walking towards it to see if is anything I need to take into account when I leave that was not there when I parked etc...
Just a few Days ago I had a careless woman come flying through a U Turn bay & almost hit me, she would have only I was quick to slam the brakes on. She was in a jacked up Nissan Patrol tray back & had plenty of vision & is meant to give way to oncoming traffic so was all her fault. I pulled her over & had a few words & her reply was it was an accident & these things happen, which is a cop out because if she would have driven with more care & not reckless it would not have happened full stop! Now had she hit me & it would have been plenty of damage to my car & not her $5000.00 piece of crap, I would be in the same situation as this Bike rider. I would have a Damaged vehicle, I would have lost 3 or 4 thousand dollars in value being a smashed & repaired vehicle rather than a undamaged one, I would have had no transport for 3 or 4 months while it was getting repaired & I would have to pay a $500.00 access (maybe). Now her attitude would have been the same even if she had managed to hit me & she would have a small fine & hardly any damage being a jacked up 4wd vehicle & not worth much to start with. It should be in a case such as that she pays for all my losses as stated above as well as a hire vehicle while mine is being repaired etc.. Why, because it would only have happened because she was being careless & reckless. So Pay this Bike owner, Do the right thing! Be an Aussie! |
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#16 | ||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: ...in the shed
Posts: 3,386
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with that kind of shithouse attitude BionicSix you won't last here long.
He took the risk of parking somewhere he shouldn't have, and you were careless in reversing into it, sounds like the footpath was one between your office/building and the carpark, no where near the road right? it was an accident and these things happen, try to sort out something where you pay 50/50, or just front the whole bill, but in reality it was both of your fault, he was (basically) trespassing being parked in private property without permission, and you carelessly reversed into a park even though every other time you park there its fine. |
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#17 | |||
Force Fed Fords
Join Date: Aug 2005
Location: Enroute
Posts: 4,050
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Yaw sounds like they have the correct advice; I've been out of it for a few years now and the laws and provisions do change which can alter meanings and definitions. I'd suggest that if you are still doubtful you should seek professional counsel; speak to a solicitor to have him give an informed opinion. Most solicitors will tell you in an initial consultation whether or not you have any hope of escaping liability, so at best you'll have to pay for the consulting fee. Remember different laws do apply state to state; I once represented a truck driver whose trailer drove over a car illegally parked and he was being sued by the owner of said car. In the end, the parking in a no standing zone meant that no liability could be found against the truck driver, as the truck drivers duty of care for other motorists cars was negated by this illegal breach of the traffic act. In the end, we set a little bit of a precedent and we made the idiot illegal parker pay costs and for the paint work on the trucks trailer frame. The pursuant or guy in no standing zones insurance did pay though.
As for others that have flamed you, some people have nothing better to do when they have nothing to add. It's a bit like the old saying; "Any moron can pick a fault, only one with intelligence can also find the solution". Anyway I digress, whatever you choose to do good luck with it and let us know how you get on.
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If brains were gasoline, you wouldn't have enough to power an ants go-cart a half a lap around a Cheerio - Ron Shirley Quote:
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#18 | |||
FF.Com.Au Hardcore
Join Date: Mar 2006
Location: NSW
Posts: 2,000
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Quote:
We have Eyes & a Brain for a reason & the fact that you take pleasure in kicking a guy when he is already down says something to me as well. So you Won, does not matter the fairness of it all? Just as long as you win your Case ![]() |
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#19 | ||||
Force Fed Fords
Join Date: Aug 2005
Location: Enroute
Posts: 4,050
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Quote:
How can someone become so upset without knowing the details of the case in question? You have made an assumption, and you have made an "***" out of "u" and "mption". When I was doing that kind of thing I deliberatley took cases that weren't vexatious, and in this case I stood vindicated. The facts were that it was a semi trailer trying to enter a driveway 8 metres wide. As the street in question is rather narrow these trucks use the full driveway to avoid hitting cars, and are often stopped by cars parking in the no parking zone. On this particular day the pursuant parked halfway across the driveway, narrowing access to just under 6 metres. The truck driver in question then proceeded to ask all businesses in the street if they knew who the car belonged to. He waited for over an hour (I saw the run sheet) for this person to return and still to no avail. He then used 4 people from the yard he was trying to get to guide him in. Somewhere along the line, his rear bogie on the left side clipped and then climbed over this car. All witness statements conclude that the driver did his utmost to protect this property, and the magistrate agreed. I'd respectfully submit that you actually spend a little time talking to truck drivers before frothing at the bit in something you obviously know nothing about.
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If brains were gasoline, you wouldn't have enough to power an ants go-cart a half a lap around a Cheerio - Ron Shirley Quote:
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#20 | |||
FF.Com.Au Hardcore
Join Date: Mar 2006
Location: NSW
Posts: 2,000
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Quote:
And is you who is frothing & making personal attacks ![]() |
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#21 | ||||
Force Fed Fords
Join Date: Aug 2005
Location: Enroute
Posts: 4,050
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Quote:
As for your pointless assertion, if we were to stop trade to suit those who have no regard for the law we would not function as a society. The fact remains that the truck driver tried for over an hour to have this car removed, the police advised to call the council and the council never showed up. Furthermore, instigating having ones car towed places all liability upon you, the instigator. As with everything and especially the morally erect we have those present who think that they should be the armchair critic without knowing all the facts. I did not cite this case to be a point of trivia but rather an example of how grey areas such as the stupidity and recklessness of self absorbed troglodyte motorists can affect the lives of others all because they are too lazy to park correctly. We actually had a blurb in the local paper about it being a victory for common sense, yet you and others of your ilk take issue. Speaks volumes mate, keep it up.
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If brains were gasoline, you wouldn't have enough to power an ants go-cart a half a lap around a Cheerio - Ron Shirley Quote:
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#22 | |||
FF.Com.Au Hardcore
Join Date: May 2005
Posts: 3,150
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Quote:
just because sign tells you no standing you say a person can ram another vehicle or run over someone,whos the moron here.mr super intelligence,telling us that a truck driver can negate all responcability on the road if someone makes a mistake. get real
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Hervey Bay QLD Great trades recently- GILMORE BOSSYONBIKE |
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#23 | ||||
Force Fed Fords
Join Date: Aug 2005
Location: Enroute
Posts: 4,050
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Quote:
You're comparing your lousy knowledge of the act in NSW (evidenced by your actions of parking in a bus zone the wrong way) with what happened to you. Congratulations. You sir have won an insurance decision; not a civil matter, predicated on stupidity. Your closure of "Get Real" has certainly put me in my place though, you have called my bluff as I must have been making it all up. Tell me the bus company that hit you as I'd love to send them some notes.
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If brains were gasoline, you wouldn't have enough to power an ants go-cart a half a lap around a Cheerio - Ron Shirley Quote:
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#24 | ||
1.3 Litre Suzuki power
Join Date: Aug 2006
Location: Magnetic Mountain, North Western Sydney
Posts: 273
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Cam what state are you in?
I understand in Victoria it is legal for bikes to park on the footpath, I know it's not in NSW and I am not sure about other states. I will stand corrected by I know on one bike forum I vacate it is common knowledge. Also with the "NO CONSTRUCTION WORKER PARKING" Sign, who erected that? The local council/road dept or the construction site? My thoughts would be it would only be illegal if the council/roads dept erected it. I know if I put a no parking sign out the front my my house, I cant book people for parking there. At the end of the day, take a step back and think how you would feel if someone damaged your pride and joy and tried to get out of paying for it. I am sure there would be some very bitter/angry people. I know I would be.
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BA series II XR6T in Blaze July 05 build. Stock as a rock EF 4lt 1995 in Green on LPG. To and from work hack. XY Fairmont 1971 in Bronze Wine, 302, Top Loader, 9" Still trying to find out if she is a GS or plain jane Monty. Mustang 1966 coupe, Silver frost, A code, C4, factory bench seat, A/C, P/S rally pac, AM radio with 8 track. Awaiting funds for resto. K6 Hayabusa....Dead Stock and why would one need to spend thousands on mods................. Last edited by Mark s; 28-03-2008 at 09:14 AM. |
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#25 | ||
Ausfactor.com
Join Date: Nov 2006
Posts: 247
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I am a biker of 25 years experience and Ford lover/owner.
I'd say talk to the bloke with the bike in a friendly constructive manner, sure it might come out of your insurance, but maybe you can come to some agreement with the bloke about sharing some responsibility. 60/40, 70/30 I donno. Obviously you will have an excess to pay, say $800. You might get the guy to admit some blame and get him to pay $200 towards the excess. He's happy, your happy, the mistake was made and all is fixed. The downside to this iofcourse is if you the bloke off and try wriggling out of paying anything, it could end up getting worse when you find your car a little worse for wear one afternoon. Its all about communication and doing the right thing, legally and morally.
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[Insert something witty here] |
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#26 | ||
FF.Com.Au Hardcore
Join Date: Sep 2007
Location: Sydney
Posts: 699
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Civil property damage not really my expertise, but two wrongs don't make a right. Thats is the reversing driver was wrong for failing to keep a proper lookout and not taking all action to avoid a collision (common law driving duties), and from the sounds of it the biker was trespassing or parking illegally. Unfortunately the seemingly illegal act (unsure) of the biker doesn't waive the obligations of the driver. In civil law this breaking of some rule by the biker can come out as contributory negligence leading to an apportionment of liability. Unless you can agree with the biker about that, it would need to be taken to court - probably costing much more than the repair.
Example - If someone parks across your drive and you have a big old 78 series 'cruiser ute with a bull bar you can't just ram them out of the way, you have to call the cops and they have to get a tow truck or something. You just can't ram it (no matter how much you want to). Similarly if the biker was parked illegally, you can complain to the council if they manage the parking rules, or see the property owner about getting them done for trespass, but I reckon you are still responsible for the damage.
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93 NC2 Fairlane Ghia Sportsman. Standard Tickford 162kw engine and touring suspension, factory LTD trim option plus EF Ghia wheels. Other rides: Range Rover Sport, Mini Cooper Chilli Cabrio |
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#27 | ||||
Force Fed Fords
Join Date: Aug 2005
Location: Enroute
Posts: 4,050
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Quote:
Just a point though, in no way have I referred to ramming someone as being OK. There is an obligation to prevent damage regardless but there is also contributory negligence on the part of the owner. Fact is, we found a loophole, we reamed it.
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If brains were gasoline, you wouldn't have enough to power an ants go-cart a half a lap around a Cheerio - Ron Shirley Quote:
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#28 | |||
FF.Com.Au Hardcore
Join Date: Sep 2007
Location: Sydney
Posts: 699
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Quote:
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93 NC2 Fairlane Ghia Sportsman. Standard Tickford 162kw engine and touring suspension, factory LTD trim option plus EF Ghia wheels. Other rides: Range Rover Sport, Mini Cooper Chilli Cabrio |
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#29 | ||
FF.Com.Au Hardcore
Join Date: May 2006
Location: In my happy place
Posts: 5,432
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the way it was explained to me when my horse cracked hte shits and backed up in to a new range rover, at a horse event, even though the car was parked out side the desiginated vehicle parkign I was still liable, at worse he could have been fined for parkign illegaly but I was still liable for the damage
thanks Mike
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#30 | ||
Legend!!!
Join Date: Jun 2007
Posts: 907
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Why not leave it to your insurance to sort out. If they believe it was not your fault the Bike rider will cop the bill. Thats why we have insurance, So we dont need to stress about these things.
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