Over 12 months ago, a rider approached the Motorcycle Council of NSW to help him get his bike repaired after it was run into by a tow truck. His bike was legally parked outside his residence in Thirlmere.
The case was down to be heard at Campbelltown Court in September 2020.
When we arrived at court, we were told the case had been moved to Wollongong Court. Additionally, it would be via teleconference because of COVID-19.
With little notice, we scrambled to find a place to ‘attend court’. Luckily, there was a public bar across the road from the Court House.
We attended our case with the bells of poker machines in the background. Not an ideal situation.
As it turned out, we were not allocated enough time to present all the facts and evidence regarding our case to the judge.
The results of the court case.
The motorcycle rider received about half of what he should have. Much of his payout will go on paying the smash repairers storage fees because the bike had been held there for so long.
This rider has gone from owning a bike worth $6,500, to having something worth only $1,500 as scrap.
What we learnt from the court case:
1. If you do decide to pursue your case through the court system, ensure that all evidence and what you are claiming is included with your statement submitted before the court case.
By doing this, the judge has all your information at hand prior and during your court case. As we experienced, you do not know how much time you will have presenting your facts and arguing your case.
2. Don’t assume you can get access to Legal Aid, or community legal help.
We tried to apply for community resources to help with the case, but most are overrun with cases or do not help people with traffic offences.
3. The value of comprehensive insurance – funds permitted, and as long as it is a legitimate claim, you receive the insurance money and they do the fighting on your behalf.
Where do you stand with motorcycling and the law? Click here for the RMS Motorcycle Rider’s Handbook.
MCC of NSW is here to help support members with motorcycle accident and issues involving the law. We are not lawyers but have resources, contacts and assistance that could perhaps, help and support you through these matters.
Do not hesitate to contact us at enquiries@mccofnsw.org.au
Case Study: Are you aware that your NSW CTP Insurance doesn’t cover you in Tasmania for a single vehicle crash?