Notice of demand

Pretty sure there was a thread here recently on how to construct a notice
of demand following a prang? Contractors for the local council here have
dumped fill from roadworks up at the corner of our road. A truck must have
left a trail of dirt as it pulled back on the road right at the apex of the
corner. Anyway I hit the dirt on the corner (it's about a 270-degree turn,
you almost reverse direction), came unstuck, dropped the bike and busted my
collar bone. Want to go after council/contractor for replacement gear -
insurance/TAC's going after them for the rest.
Therefore I need to think about a notice of demand. I've been quoted $150
for a solicitor to do one on my behalf.
Any pointers appreciated. One-handed typing sux.
- sanbar

 

Yes, blame everyone except yourself.

 

DEMAND FOR CONTRIBUTION

Date:

To:

On , (year), the undersigned made payment in the amount of

dollars ($ ) to

for .

Said payment is covered by our agreement dated , ( y e a r ),

requiring contribution in the event of

Accordingly, the undersigned makes demand upon you for contribution in the
amount of

dollars ($ ).

___________________________________

AHHHZBAP

 

Just remove the bits and add your own

 

Well, there's your problem. Instead of turning 270 degrees right,
you should have turned 90 degrees left.

-----sharks

 

Just write a simple letter. Include quotes for the replacement gear.
Describe what happened. State the facts. State that they are responsible for
the damage. Be firm. Don't accept any responsibility or shared blame.
Before you send it you better find out who is liable. I think if the
contractor is working for the council then the council may have vicarious
liability for the actions of the contractor.

Nev..
'03 ZX12R

 

Sanbar,

The Council owes you a 'duty of care' to ensure that the road is safe to
ride on. I made a successful claim against Gundagai Council for leaving
gravel on the road after road repairs. The process was quite simple though
it took about 6 months to get payment as the paperwork had to be passed from
one department to another.

I'm willing to help you draft a letter just let me know.

Brian Wood
Chair Road Safety Committee
Motorcycle Council of NSW
..

 

Actually Gerry.
Sanbar is a responsible and cautious rider who came unstuck.
Don't criticise unless you know the person first, as he aint a hoon.
This is one of those unfortunate incidents.
How many people you know hoon on a deauville?

 

Blew both rear shocks & bent both front forks once on a hole that council
workers had left on a gravel road an hour prior to my arrival, body injurys
but nothing serious...jap sports bike on dirt road so i can assure you it
was hard to see & avoid the hole even at 40 klm/h. Had witness's in 2 cars
following that picked me up & took photos & got quotes.

They (the local council) said "**** off...you aint got a chance" in similar
words.

Good Luck !

 

This isn't a contest
Take it anyway you like

 

According to Sharkey he was doing doughnuts anyway!

 

Well, that contradicts pretty much everything I learned
in law school about 'the highway', and gummint liability
thereon.


G

 

Over a few thousand dollars? Of course you would...

Blow that indignation out of your arse, Gerry. Construction contractors
and the people who employ them don't have any kind of special right to
bury paved and otherwise perfectly serviceable roads in mud and gravel.

If they'd cleaned up after themselves like they should have, none of
this would have happened. What sanbar is proposing is a kick to their
couldn't-be-fuckedness.

What's your opinion about rape victims wearing short skirts?

 

Should've gone to a better law school.

 

Reminds me of (what I understand to be) a famous quote from flying
circles...

One pilot to another as they approach a formidable cloud formation and the
going starts getting rough - "Let's do a 360 and get the hell out'a here".


Cheers,
Dave ZZR600 => ST2 (stolen) => '03 XX

 

How defensively?

What's the maximum safe cornering speed from which you can bring the
bike to a controlled stop if your front tyre deflates?

How sure are you your gearbox (or, since it's a BMW, your tailshaft)
won't blow on the next downchange into a corner?

What odds on a wallaby jumping out directly in front of you? Or

All these things *could* happen without warning, at any moment, yet even
you ride too fast (that is to say, you actually ride) to be able to
amortise them.

Sueing is a cop-out.

I'm not married and I asked my question first. Where does your "Well,
you have to look out for yourself. You can't blame others." end, Gerry?

I'm through giving you examples. Let's have it, you whingeing defeatist
wannabe sage. Where does the line pass?

Between

Case A=>victim to blame

and

Case B=>victim powerless and deserving of compensation

 

the only thing you learn at law school is how to screw toy fucking clients
in the arse


mh

 

No. I'm merely putting a label on what you're demonstrably, anf
hypocritically, doing.

What about people who get mugged while walking alone through an ill-lit
park at 3am? Should they get a "Well, you should've known better. We're
not going to get up off our arses to try and catch the guys who did it."
from the police?

And since I believe that you yourself don't keep to this rule, however
safe-as-houses you care to kid yourself you are, I consequently believe
you're full of shit and only posting to attract attention.

Which would make this situation normal, really.

 

Like an American one?