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QLD Car Accident with Cyclist - What am I Liable to Pay For?

Discussion in 'Criminal Law Forum' started by Lydia Ross, 22 July 2014.

  1. Lydia Ross

    Lydia Ross Member

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    Last Monday, I opened my car door and knocked a man off his bike. He was Ok thank goodness. His helmet was cracked so I said I would get him another one. I tried to ring him the next day to organise to do that but he did not answer. I left a message. Yesterday he text me asking for $230 to replace his helmet and mobile phone which were damaged in the car accident. I don't really have a problem with this but I think I should be buying it not handing over money. I have asked him for copies of his receipts for the replacement of these items. What am I legally liable for under traffic law?
     
  2. Toqual

    Toqual Well-Known Member

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    Basically, if you feel you don't owe him anything - he will have to organise a Statement of Claim (a court order demanding money to be payed). Then, you will have the option to pay, or take it to court. A big question, was he cycling in an appropriate, legal area? Based on your message, I speculate his request for $230 was rather abrupt and yes, definitely request evidence of his alleged damaged items.
     
  3. Toqual

    Toqual Well-Known Member

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    That message varies based on your state which was not provided. (NSW Specific) ^
     
  4. DennisD

    DennisD Well-Known Member

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    Hi Lydia

    In order to assess your potential legal liability it would be necessary to examine exactly how the collision arose, the facts which led to that event, including how your actions may have contributed. It'd be useful to clarify a few details before responding directly to your query

    * You feel fine about buying the cyclist a new helmet, is this right? Mobile phone as well, or not? It is not clear which items were damaged in the collision / which items you are offering to replace

    * Is the reason you would prefer to buy the item(s), or at least see receipts, is to ensure that the amount you pay reflects the real replacement value?

    * Are you offering to replace the broken helmet / mobile phone as a gesture of goodwill, or because intuitively you figure you might be legally liable in some way due to your role in the accident?

    Hugh
     
  5. Lydia Ross

    Lydia Ross Member

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    Hi Hugh,
    Sorry I took so long to get back to you I could not open the response to reply.

    I was parked in a parking bay, there was probably about 1.5 metres to the side line of the road,
    I opened my door a little to get out (I did not swing it right open) and the cyclist handlebar clipped the edge of my door. I said I would get him a new helmet even though the old one looked like it was 10 years old, because I felt terrible about the incident. I knew his helmet was cracked but then he also said his mobile phone wasn't working. I do not totally belief it was all my fault. He admitted to the ambulance driver that he was flying along and that his bike had nearly got him in trouble a few times. I said I would give him the money but I could not afford to pay it all at once. I have paid him $60 on 24/7/14 and at present have not been able to give him any more. I think I can pay him another $50-$55 today. He has sent me another email saying that he wants I all by Monday because he is processing some customers for unpaid work through QCAT at the magistrates court on Monday and I will process me to then if I haven't paid. I don't have a lot of money to spare as we are paying off a house, car and do have 3 other loans to pay. My rates are due to be paid by the beginning of September as well. I have not responded to him yet.
     
  6. Rod

    Rod Well-Known Member

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    Make sure you get something from him agreeing to a full and final settlement in relation the collision.
     
  7. DennisD

    DennisD Well-Known Member

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    Hi Lydia

    From your first post, it seems at the outset you were ok to replace the helmet and phone, but wanted to verify their real replacement value with receipts, or by buying the items yourself.

    It seems from your latest post that now you are not able/willing to pay more than $60 (or $115), at least in the short term, regardless of receipts. Is this correct?

    If so, the cyclist may feel a bit hard done by and seek recourse
     

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