Pedestrian vs Cyclist

Forums › Transport (cars, bikes and boats) › Pedestrian vs Cyclist - who pays?

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surfisup1000

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#1486503 6-Feb-2016 15:28

MikeAqua:

[Edit: WTF is a "frequency gambling"?]

I like this term--i am guessing it refers to the brains method of making decisions - where a danger event is such a low probability (ie, low frequency) the brain discards it as a real risk and makes the decision to proceed regardless (the gamble). Maybe this happens quite subconciously too.

Something along those lines anyway.

mattwnz

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#1486540 6-Feb-2016 16:48

Dunnersfella:

My advice.

Do not post issues these sort of issues on-line, in public forums... if they may effect potential legal action in the future.

That is the problem with forums, even though you may think you are informally discussing something amongst people, similar to a water cooler discussion, google is indexing it and posts will appear under certain google results. Instead of an informal discussion, it becomes a publication, and is becomes no different to something being published in the paper. Facebook is a far bigger problem, and I have heard of people getting in all sorts of trouble for informal discussions, where they may have said the wrong thing. The thing about proper publications, is that they go though an editor who checks it for any potential problems with what was written.

rossmcm

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#1486555 6-Feb-2016 17:07

I think any posting that includes the words "You should really seek some professional advice" or similar, is probably OK, A posting might give you an avenue to investigate that you hadn't realized existed but you should never base an action you are going to take on advice you received from a forum posting without passing it by someone qualified to comment. http://www.cab.org.nz/vat/gl/ls/Pages/Lawyers.aspx#6 would be a good start.

Jase2985

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#1486565 6-Feb-2016 17:23

the problem is if an insurance company finds this then what? can be used against you cant it

Batman

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#1486582 6-Feb-2016 17:44

mattwnz:
Dunnersfella:

My advice.

Do not post issues these sort of issues on-line, in public forums... if they may effect potential legal action in the future.

That is the problem with forums, even though you may think you are informally discussing something amongst people, similar to a water cooler discussion, google is indexing it and posts will appear under certain google results. Instead of an informal discussion, it becomes a publication, and is becomes no different to something being published in the paper. Facebook is a far bigger problem, and I have heard of people getting in all sorts of trouble for informal discussions, where they may have said the wrong thing. The thing about proper publications, is that they go though an editor who checks it for any potential problems with what was written.

I won't worry too much with a $2000 insurance case. $2 mil then yes you have a problem.

Batman

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#1486587 6-Feb-2016 17:45

Unless it's a criminal case. Or a high value civil case.

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mattwnz

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#1486610 6-Feb-2016 18:25

rossmcm:

I think any posting that includes the words "You should really seek some professional advice" or similar, is probably OK, A posting might give you an avenue to investigate that you hadn't realized existed but you should never base an action you are going to take on advice you received from a forum posting without passing it by someone qualified to comment. http://www.cab.org.nz/vat/gl/ls/Pages/Lawyers.aspx#6 would be a good start.

That is why is is always good to put IANAL infront of relies to, so the OP is aware that the person advising isn't qualified, and just giving a personal opinion.

MikeAqua

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#1488175 9-Feb-2016 16:25

Update: Insurance company backed down.

They have proposed (in writing) and I have accepted (in writing) that they don't admits liability and each party meets their own costs. So they will pay for the bike. I will sit down and polish the scratch out of my suitcase while watching TV, or maybe I'll ignore the scratch and just watch TV.

For anyone contemplating a suitcase - get a Samsonite. They are tough.

I'll watch that intersection more carefully in future. If I failed to notice a car running that red. I wouldn't be here

Mike

itxtme

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#1488185 9-Feb-2016 16:48

MikeAqua:

Update: Insurance company backed down.

They have proposed (in writing) and I have accepted (in writing) that they don't admits liability and each party meets their own costs. So they will pay for the bike. I will sit down and polish the scratch out of my suitcase while watching TV, or maybe I'll ignore the scratch and just watch TV.

For anyone contemplating a suitcase - get a Samsonite. They are tough.

I'll watch that intersection more carefully in future. If I failed to notice a car running that red. I wouldn't be here

I swear the insurance flow chart goes

Accident occurs, client makes claim -> No matter what happened or who is at fault, blame the 3rd party and hope they just say "ok".

wellygary

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#1488190 9-Feb-2016 16:50

MikeAqua:

Update: Insurance company backed down.

They have proposed (in writing) and I have accepted (in writing) that they don't admits liability and each party meets their own costs. So they will pay for the bike. I will sit down and polish the scratch out of my suitcase while watching TV, or maybe I'll ignore the scratch and just watch TV.

For anyone contemplating a suitcase - get a Samsonite. They are tough.

I'll watch that intersection more carefully in future. If I failed to notice a car running that red. I wouldn't be here

Sounds like a great outcome, well done,

+ Agree with the point about samsonite cases, I've got a cosmolite case , its great

Dynamic

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#1488245 9-Feb-2016 18:19

Nice result, and a great reminder for us mere mortals to watch our step on the road and with insurance companies.

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mattwnz

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#1488248 9-Feb-2016 18:26

Nice result. It pays to be assertive, and possibly shows they were trying it on. I think it was bloody cheeky of them.

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