WA Traffic Law - Son in Motorbike Accident - Pay the Other Person's Costs?

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linda.calitz

Member
4 December 2015
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Hi All,

My son was in a motorbike accident with another vehicle last year. His motorcycle insurance lapped and he wasn’t covered at that time. We received the police report and also spoke to the police, they said that they can't indicate that anyone was at fault as it was purely an accident.

He was driving down the street with his motorcycle (v1). It was raining that day, and a truck/4wheel-drive (v2) was in front of him when he passed v2 there was another vehicle(v3) in front of v2 turning right into a driveway. v1 hit the front right side of v3 near the tyeare and wing mirror. My son sustained lacerations to his wrist which was bleeding heavily at the time as the vein was cut open and was taken to the hospital immediately. He did however left all his details before he left.

The problem we have now is that v3 wants to claim all costs from my son, including car-hire, can they under Traffic Law?

Please help.

Thank you in advance.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Were all vehicles travelling in the same direction? Or was v3 turning across the path of v1?
 

linda.calitz

Member
4 December 2015
2
0
1
Hi Rod,
All the vehicles were travelling in the same direction and then v3 turned into a driveway when my son was busy passing v2 which then caused him hitting v3.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Your son is the likely the cause of the accident and therefore responsible for damages. He needs to stop/avoid all vehicles travelling in the same direction that are in front of him. The only hope he has is to have damages reduced if the v3 did something to contribute to the accident like not indicating for a right turn.

If successfully sued/asked for damages he can ask for a payment plan.