Thought I'd re-visit this old discussion point. I received a phone call from Boral road works yesterday. They are going to pay my claim in full, no solicitors involved. (And no Insurance company) Just some good photo's and a Police report etc... I no longer have the ZX9R, I traded it in on the 2002 model Busa the day I picked up the ZX9R from the repair shop. (Anything other than a Busa is a poor substitute!)
So suffice to say, I'm pretty happy about this matter now.
So take care out there gang, and watch out for the bloody gravel on the corners. (I am still paranoid!!!)
Cheers, Phil.
I have just given some very similar advice re this type of scenario - here is the paste.........(the client crashed his ZX6 after running off the road (no gravel) ONTO gravel if you get the picture)
This is a particularly nasty situation you have found yourself in I am afraid. The law in this area is negligence. Basically (very basically), you can generally prove negligence if the defendant had a duty of care, that the care was breached, that there was damage, that the damage was reasonably foreseeable, and where there is a sufficient nexus of causation.
There is a body of precedent which states that the local councils do have a duty of care over things like footpaths / roads etc. The stereotypical example I encounter is where some joker from the council has patched up a road (usually on a corner) and has left gravel strewn all around. This obviously is not a very pleasant situation for those of us on 2 wheels. We have, in those cases, instituted proceedings. The law is however rather robust and it really has to be blatant negligence.
In your case, you seem to be saying that your departure from the road was due to, among other things, rider control. Unless it could be argued that the council was somehow negligent by having the road in that condition, then I wouldn't like your chances. The problem is that councils want their duty of care to be construed as narrowly as possible and most of them have plenty of $$ to fight things like this. If you were injured you may be able to convince a lawyer down there to do it on a no win no fee basis, but be a bit wary of these claims as they are usually bollocks.
[end paste]
In the situation you describe - as I noted above, you might not have a bad chance. What I would try and do is get your insurance company interested. If you can manage this (good luck though), it wont cost you a dime. Re the no win no feel bullshit - it usually only applies to a situation where there has been an injury and where the negligence is not in doubt. Lawyers can afford to say no win no fee because they know they will be able to settle in these cases. I would be surprised (unfortunately) if you can find a lawyer down there who does it. I would try Mark Stenberg (02) 8477 1199. While he doesnt have a Busa - instead a nice VTR SP1 with Colin Edwards, paint) he will at least point you in the right direction.
Cheers,
Adrian
Most of that sound Greek to me Adrian. Have another read of my last post. The pricks are going to pay my claim in full. "D Do you think I would have been bangin' my head against the wall for 4 months if I had insurance? SHOW ME THE MONEY.
Thanks for your interest. I hope this does not happen to anyone else. I still haven't got confidence to go flying around blind corners anymore. (Probably a good thing?)
Cheers, Phil.
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