Legal Advice Needed..

[The Yeti]

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

[Pinch]

Originally Posted by ltd

Sensible advice.
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.

The ramming thing was my personal experience ltd, just thought it added to the example. Someone did park across my drive once when I had a S78 'cruiser ute. I was very tempted, but I didn't!!!

[Tha Jack]

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.

[Ringo]

Originally Posted by Tha Jack

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.

Most sensible thing I have read on this thread yet....

[Wally]

If you damage someone's property then you are liable for compensation. Limiting that liability is something that can be achieved either through mediation or the courts.

Of course the whole thing could be an elaborate rouse perpetrated by the biker and/or the onlooker. For this reason do not admit fault and let your insurer handle the finer details.

[5tumpy]

Originally Posted by Cam

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..

So it was 7am, there were no other cars around, but you still couldn't see the motor bike when you drove past the park to reverse in? Sounds to me like you backed into the bike, thought "Stuff it, he shouldn't have been parked there, it's his problem" and walked away... I've accidently backed into a couple of things in the past, and I've always known I've done it... Your average bike weighs a few hundred KG's, as if you didn't know you hit it... I'm sorry, but it just sounds to me like you're trying to weasel out of paying for damage that you caused...

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!

[Sourbastard]

My opinion, Pay for the damage on his bike, unfortunately you are liable for this. Then have him charged with trespassing by the carpark owner, he is liable for that. You will pay 200ish im guessing on excess, he will have a criminal case to answer based on the evidence from your insurance claim. Lessons learned on both sides.

Im all for irony. As has been said though, seek professional advice, not advice from us mad bastards, especially BionicSix, who seems to suffer from internet hero syndrome.