Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


View this topic in a long page with up to 500 replies per page Create new topic
1 | 2 | 3 | 4 | 5

JWR

730 posts

Ultimate Geek
+1 received by user: 236


  Reply # 1483595 2-Feb-2016 14:54
Send private message

mattwnz:

 

IANAL. But does a pedestrian need to follow the pedestrian lights though legally? I mean is it illegal to cross the road when the pedestrian light is red? You don't need to know the road code to be a pedestrian, like you do if you are a cyclist. I would check the law on this. I imagine it would be illegal to go through a red light as a road user, but not sure about pedestrians. I mean can a pedestrian be fined for crossing the road when the light is red, because I see it every day.  I wonder if the guy told his insurer that he apologized to you when making the claim? This is why insurers say you should never admit fault or apologise. I would go to the CAB for legal advise.

 

 

Yes. it is illegal to cross a pedestrian crossing against the lights.

 

I think it falls under a general jay walking law.

 

The fine is pretty low - $30 or $40 approx..

 

But, I don't think it is an instant fine. So you might have to go to Court and that would likely cost you more.




3312 posts

Uber Geek
+1 received by user: 1247


  Reply # 1484169 3-Feb-2016 09:55
Send private message

Thanks folks.  Range of views as to liability there.

 

I had a chat to my insurance broker. Not 100% clear whether I have cover.  He is getting back to me.

 

I've written to the other guy's insurance company and proposed that I refer the matter to the police, as a possible careless driving and/or 'jaywalking' situation, on the basis that this could usefully clarify where fault lies.

 

I'm not sure whether running a red light in wet conditions and then illegally entering a bus only street qualifies as careless driving, but it must be in the neighbourhood. 





Mike

 
 
 
 


JWR

730 posts

Ultimate Geek
+1 received by user: 236


  Reply # 1484174 3-Feb-2016 10:03
One person supports this post
Send private message

MikeAqua:

 

...

 

I've written to the other guy's insurance company and proposed that I refer the matter to the police, as a possible careless driving and/or 'jaywalking' situation, on the basis that this could usefully clarify where fault lies.

 

I'm not sure whether running a red light in wet conditions and then illegally entering a bus only street qualifies as careless driving, but it must be in the neighbourhood. 

 

 

I think involving the Police in this is a terrible idea.

 

It could very easily backfire on you.




3312 posts

Uber Geek
+1 received by user: 1247


  Reply # 1484216 3-Feb-2016 10:42
One person supports this post
Send private message

Yes, I could get fined for 'jaywalking' the penalty for which is .... $10. cool

 

The insurance companies consideration is that their customer may be investigated for a driving offense, which is much more concerning.

 

 

 

JWR:

 

I think involving the Police in this is a terrible idea.

 

It could very easily backfire on you.

 





Mike

Banana?
4123 posts

Uber Geek
+1 received by user: 903

Subscriber

  Reply # 1484223 3-Feb-2016 10:52
3 people support this post
Send private message

Interesting case, and I hope you can keep us informed of the outcome.

 

IMO (and IANAL and all that), the cyclists insurance company is 'trying it on'. He has made a claim on his comprehensive (assuming home/contents) insurance, and they are looking to mitigate their losses.

 

Deny any liability - he hit you after all and possibly neither of you should have been in that place. Hopefully your insurance company can help you out (if you can claim it on your insurance somehow, they will go in to bat for you against the other company). Deny Deny Deny though.


273 posts

Ultimate Geek
+1 received by user: 56


  Reply # 1484227 3-Feb-2016 10:55
Send private message

trig42:

 

IMO (and IANAL and all that), the cyclists insurance company is 'trying it on'. He has made a claim on his comprehensive (assuming home/contents) insurance, and they are looking to mitigate their losses.

 

 

 

 

I agree. And, I think for a couple of thousand dollars, which I think is all this is about, they're going to write a few nasty letters and then go away. It's not worth pursuing through any formal channels.




3312 posts

Uber Geek
+1 received by user: 1247


  Reply # 1484239 3-Feb-2016 11:16
Send private message

That's what I think. But I'm biased.

 

He mentioned specific cover for his bike.  Not sure if that was specific bike insurance or a named item in contents.  It looked expensive.

 

Hopefully the insurance company sees me as hard nut to crack and moves on. 

 

SheriffNZ:

 

trig42:

 

IMO (and IANAL and all that), the cyclists insurance company is 'trying it on'. He has made a claim on his comprehensive (assuming home/contents) insurance, and they are looking to mitigate their losses.

 

 

 I agree. And, I think for a couple of thousand dollars, which I think is all this is about, they're going to write a few nasty letters and then go away. It's not worth pursuing through any formal channels.

 





Mike

15331 posts

Uber Geek
+1 received by user: 4046

Trusted
Lifetime subscriber

  Reply # 1484242 3-Feb-2016 11:22
Send private message

MikeAqua:

 

Yes, I could get fined for 'jaywalking' the penalty for which is .... $10. cool

 

The insurance companies consideration is that their customer may be investigated for a driving offense, which is much more concerning.

 

 

 

JWR:

 

I think involving the Police in this is a terrible idea.

 

It could very easily backfire on you.

 

 

 

 

 

The insurance company will not CARE if their client gets a ticket, they will care about the contract and THEIR liability. Thus, whatever is cheapest for them to resolve regardless of the outcome for either affected party.

 

 

 

There are some exceptions to this, but this is the base position you should consider. The only way they would care is if it mean their costs would increase.


1218 posts

Uber Geek
+1 received by user: 511


  Reply # 1484244 3-Feb-2016 11:36
One person supports this post
Send private message

Have you admitted to anyone (apart from everyone who can read this thread) that you crossed on a red signal?

 

I don't know if you can prove he ran the red light, but you can certainly prove that he was riding somewhere he wasn't permitted to be.  I doubt very much that he could prove you crossed when you didn't have the green signal, unless you have provided this information already.

 

If you keep denying liability I'd say you're in the stronger position.


gsr

88 posts

Master Geek
+1 received by user: 24


  Reply # 1484263 3-Feb-2016 11:57
Send private message

I thought that bus lanes are almost always also cycle lanes.

 

 

 

Disclosure: I'm a cyclist.


1413 posts

Uber Geek
+1 received by user: 168


  Reply # 1484266 3-Feb-2016 12:07
One person supports this post
Send private message

gsr:

 

I thought that bus lanes are almost always also cycle lanes.

 

 

 

 

Ah that sense of entitlement you get when you are a cyclist. Just kidding.

 

Seriously though I don't think that is an actual fact. If I were cycling I'd certainly not want to ride in a bus lane (in Wellington).

 

AFAIK the bus lanes down here state "Buses Only" which would exclude any other vehicles including bikes.


80 posts

Master Geek
+1 received by user: 28


  Reply # 1484283 3-Feb-2016 12:23
Send private message

>I thought that bus lanes are almost always also cycle lanes.

 

> Disclosure: I'm a cyclist.

 

Possibly.  But if you look at the original post, it isn't a bus lane

 

>It was a bus only street with no buses near to me , closed to all other traffic (including bikes) and closed to buses by a red light

 

There are two streets I can think of like that in Auckland: 
Wellesley Street in the CBD between Queen Street and Mayoral Drive

 

Grafton Bridge - I stand corrected.  Closed to cars/trucks, but not cyclists/motorbikes

 

 

 

Just being a pedant :-)

 

 


gsr

88 posts

Master Geek
+1 received by user: 24


  Reply # 1484286 3-Feb-2016 12:25
Send private message

tchart:

 

gsr:

 

I thought that bus lanes are almost always also cycle lanes.

 

 

 

 

Ah that sense of entitlement you get when you are a cyclist. Just kidding.

 

Seriously though I don't think that is an actual fact. If I were cycling I'd certainly not want to ride in a bus lane (in Wellington).

 

AFAIK the bus lanes down here state "Buses Only" which would exclude any other vehicles including bikes.

 

 

 

 

From NZTA faq, under bus lanes:

 

https://www.nzta.govt.nz/resources/rules/road-user-2004-general-qa.html

 

Looks like we are entitled indeed, unless if there's a sign specifically excluding cyclists. Just wanted to give a different perspective to OP about whether cyclists are indeed not allowed on that road. 

 

 


140 posts

Master Geek
+1 received by user: 4


  Reply # 1484287 3-Feb-2016 12:30
Send private message

tchart:

 

 

 

AFAIK the bus lanes down here state "Buses Only" which would exclude any other vehicles including bikes.

 

 

That's not quite 100% correct.  WCC lists a few bus lanes where cyclists are permitted (possibly only at certain times).


gsr

88 posts

Master Geek
+1 received by user: 24


  Reply # 1484290 3-Feb-2016 12:38
Send private message

evnafets:

 

>I thought that bus lanes are almost always also cycle lanes.

 

> Disclosure: I'm a cyclist.

 

Possibly.  But if you look at the original post, it isn't a bus lane

 

>It was a bus only street with no buses near to me , closed to all other traffic (including bikes) and closed to buses by a red light

 

There are two streets I can think of like that in Auckland: 
Wellesley Street in the CBD between Queen Street and Mayoral Drive

 

Grafton Bridge

 

 

 

Just being a pedant :-)

 

 

 

 

 

 

Check under Grafton bridge:

 

https://at.govt.nz/driving-parking/bus-transit-priority-lanes/

 

 

 

 

 

I sympathise with you and I think paying 2K to a cyclist because he ran into you is quite unfair, but I just wanted to make sure that you know for a fact that the cyclist was not supposed to be on that road. The insurance company would have checked that, right?

 

 

 

Disclosure 2: I do ride on Grafton bridge sometimes :-)


1 | 2 | 3 | 4 | 5
View this topic in a long page with up to 500 replies per page Create new topic



Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

New Zealand hits peak broadband data
Posted 18-Jan-2018 12:21


Amazon Echo devices coming to New Zealand early February 2018
Posted 18-Jan-2018 10:53


$3.74 million for new electric vehicles in New Zealand
Posted 17-Jan-2018 11:27


Nova 2i: Value, not excitement from Huawei
Posted 17-Jan-2018 09:02


Less news in Facebook News Feed revamp
Posted 15-Jan-2018 13:15


Australian Government contract awarded to Datacom Connect
Posted 11-Jan-2018 08:37


Why New Zealand needs a chief technology officer
Posted 6-Jan-2018 13:59


Amazon release Silk Browser and Firefox for Fire TV
Posted 21-Dec-2017 13:42


New Chief Technology Officer role created
Posted 19-Dec-2017 22:18


All I want for Christmas is a new EV
Posted 19-Dec-2017 19:54


How clever is this: AI will create 2.3 million jobs by 2020
Posted 19-Dec-2017 19:52


NOW to deploy SD-WAN to regional councils
Posted 19-Dec-2017 19:46


Mobile market competition issues ComCom should watch
Posted 18-Dec-2017 10:52


New Zealand government to create digital advisory group
Posted 16-Dec-2017 08:47


Australia datum changes means whole country moving 1.8 metres north-east
Posted 16-Dec-2017 08:39



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.