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Biker sues over death crash boy

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Born2bVile
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PostPosted: 04:44 - 30 Dec 2006    Post subject: Reply with quote

Bishbash wrote:
In sight of the 'exceptional claim'.....It is an exceptional claim...Tell me, how often do you hear a kid being killed by a motorcyclist by playing chicken on a duel carriageway and then the MC trying to claim for his loss?

and also, WTF was all that goat talk about! Confused Laughing


I've seen a lot of claims over the years, most go through the MIB (Motor Insurers Bureau, Nowt to do with Will Smith).

The biker suffered loss through some kid being a tit.

The kid being a tit died. He made the choice, the biker didn't.

Cheers,

Byrnie.
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Finglonga
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PostPosted: 14:57 - 30 Dec 2006    Post subject: Reply with quote

I would claim if it was me. Plus the biker will have to live the rest of his life knowing he has killed someone, even though it wasn't his fault.
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stinkwheel
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PostPosted: 15:10 - 30 Dec 2006    Post subject: Reply with quote

Had the kid decided to do something equally as stupid and dangerous like stringing a rope across the road, leading to similar injuries to the biker but none to the kid, I doubt anyone would be debating the rights and wrongs of claiming compensation.

Same thing. The kid did something criminally stupid and caused serious injuries to a third party. The third party has every right to seek recompense for his losses. The fact that the kid died in the act should have no bearing on this. It's not like the guy is banging on the parents door demanding money, he's applying to a government fund set up to deal with exactly this sort of eventuality.

Another for-instance. Suppose the kid had stolen a car, lost control of it, ran over a pedestrian then crashed into a lamppost and died. Would the pedestrian be unreasonable in seeking compensation for his injuries? I certainly don't think so.
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jonhunt
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PostPosted: 12:20 - 31 Dec 2006    Post subject: Reply with quote

i read it a new thing to be doin u run out in front of a motorcycle at the last min as ya mate record it on the side hoping the motorcycleist comes of.

this might stop kidds doin it

end of the day kid was doin wrong not the motorcycleist falt y should he pay for him self some1 else falt.

im backin him
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gavin
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PostPosted: 12:46 - 31 Dec 2006    Post subject: Reply with quote

jonhunt wrote:
i read it a new thing to be doin u run out in front of a motorcycle at the last min as ya mate record it on the side hoping the motorcycleist comes of.

this might stop kidds doin it

end of the day kid was doin wrong not the motorcycleist falt y should he pay for him self some1 else falt.

im backin him


I had to read that three times before I could understand it. Use the spell checker, it's there for a reason.
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fuzz
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PostPosted: 15:13 - 31 Dec 2006    Post subject: Reply with quote

Considering the scheme is publically funded, and in this case it was the direct fault of one individual, I think the parents should be liable to pay at least some of the cost. Otherwise it's you, me and eveyone else paying the bill. I never had that kid, so why should I be paying for his unfortunate tragic mistake? If their household insurance does cover this, then they should be liable for all of it.
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owdamer
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PostPosted: 16:16 - 31 Dec 2006    Post subject: been in a similar situation. not quite so serious. Reply with quote

I ran a kid over about 15 years ago. he ran out in front of me without looking and I hit him. He was lucky not to have been seriously hurt as i had seen him running towards the road and was already braking before he even left the pavement. I was only doing about 25mph when i had spotted him as i had just set off from the lights. I was hardly accellerating either, as i was in a very underpowered 1100cc escort estate. I had no chance of avoiding him at all, and the driver of a car coming towards me said later that if I hadn't hit the kid then he probably would have hit him by the time he reached the other side of the road.
The police were called, statements were taken and before i left the scene the police told me that i couldn't have done more to avoid him and that he was entirely to blame.
A few weeks later i recieved a bill for the ambulance. I sent that back with a letter telling them to send it to the kids parents. I was already out of pocket for the damage to my car.
The next thing was my insurance was up for renewal. My quote was £300 higher than the previous year. When I asked why I was told i had a claim against me pending!. wtf!!. I asked what claim and they told me that the kids parents had put in a claim against my insurance for his injuries (no broken bones, just bruising) and the trauma of being knocked down.
I wasn't impressed with this so i instructed my solicitor to put in a claim against them for the damage to my car, my injuries (bit of whiplash from the emergency stop) and the stress caused by it all.
A few weeks later they dropped their claim. I was tepmted to carry on with mine but in the end decided i couldn't be bothered with the stress and agro so i dropped it. Neutral
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Krakatoa
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PostPosted: 17:19 - 31 Dec 2006    Post subject: Reply with quote

Things like this highlight problems with society. As the wife just said to me, why is it illegal to leave your children alone in the house yet its not illegal for them to walk the streets alone all day?

The parents are accountable for the childs actions, and yes, its shitty. I wouldn`t want to deal with it after losing a son, but, he(the boy) knew what he was doing. As a parent i am responsible for my sons until they are no longer children(18 years i believe). I guess it comes down to compassion, and its clearly needed here(another reason for the fund?)

Owdamer, you should have kept up the claim. These people are why we are all paying more for our insurance.

Their son was a tit, and they tried to milk you for it. Not giving a shit about the knock on effect for everyone(including themselves). Making them pay a few ££ would have made them think twice in the future, and maybe teach their child some proper road sense too.

Would the goat have made the press?
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stinkwheel
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PostPosted: 20:22 - 31 Dec 2006    Post subject: Reply with quote

Krakatoa wrote:

Would the goat have made the press?


It may well have done. There was a guy this year who deliberately put an empty beer can on the track at the IOM TT races. As I recall he was prosecuted, fined and banned off the island. All over the press at the time.
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J0Al1
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PostPosted: 22:30 - 31 Dec 2006    Post subject: Re: Biker sues over death crash boy Reply with quote

Sad but very clear cut
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J0Al1
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PostPosted: 22:37 - 31 Dec 2006    Post subject: Reply with quote

This was a sad accident. A silly child, who had no doubt broken his parents heart. I have been silly before (in other ways). Who hasn't?

The Skydive forum I used to chat on (still do a bit) was under police investigation with regards to Steven Hilder (a murdered/suicide victim). It was scrutinised for clues!!!!! Not related - just a thought.

You just don't know when what you type counts for a whole lot more.
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wilbur
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PostPosted: 22:38 - 31 Dec 2006    Post subject: Reply with quote

I knocked over a 3ish year old about 10 years ago.

Ran out between parked cars.

I was doing about 20.

I was fucking devastated. He was Ok thankfully. I was shaking all afternoon. I wanted to cave his mothers face in. In fact I came very close. Stupid cow.
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XR125
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PostPosted: 23:15 - 31 Dec 2006    Post subject: Reply with quote

Some kids are incredibly stupid.

I done some stupid things when I was 12 but nothing that involved putting my life or others in danger.

Good to see that people are starting to realise that it isn't always the drivers at fault. Usually things like this spark a whole anti-biker campaign.
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stinkwheel
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PostPosted: 23:38 - 31 Dec 2006    Post subject: Reply with quote

I also knocked some kid down on my moped. He was playing chicken too, ran right out from behind a bus shelter. Had me over the bars and supermanning down the road.

I exacted my revenge by dobbing him in to his mother on the phone.

"Did Michael tell you about anything unusual happening on his way home from school today?"

"No."

"So he didn't mention being run over on the road at all?"

"No... He didn't."

"I'm only just back from the police station sorting it all out. You'll be pleased to hear I've only got minor injuries and I should be able to fix my vintage motorcycle for less than £100."

"Really!?"

"I just thought I'd make sure he was alright. Might be an idea to run over the green cross code with him one more time."

"Yes, that sounds like a very good idea. MICHAEL!..." Twisted Evil
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froggeh
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PostPosted: 09:57 - 01 Jan 2007    Post subject: Reply with quote

I was reading about this in MCN(I think), it's nothing particularly surprising. I would personally hold parents responisible for ALL the actions of children until they reach 18... Maybe that would make some of the more 'unfit parents' think twice before having another baby (very often for the cash it brings in). Of course you can't be absolutely sure that your kids aren't getting up to mischief, but this sort of thing is almost certainly a lack of parental aptitude.

Start slapping fines/custodial sentences/children into care when they get up to 'serious' shit like this, and we might even see a reversal of the situation we've let the country get into with our out-of-control kids.

I hoipe the bloke gets his money (I'm sure he will), and I hope the parents are sued for a portion of it.
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Villers
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PostPosted: 17:15 - 01 Jan 2007    Post subject: Reply with quote

This is a main reason why I hate kids, I know its a generalisation but there are some little bastards out there.

Funnily enough a similar case happened about two hundred yards from my house. The kid would hide behind a post box and then leg it accross the road. One of said little shits managed to get himself run over.

Now heres where the parent thing comes into play. Instead of accepting the fact that the kid was doing something ridiculous they tried to get the driver of the car prosecuted. They also launched a very snide smear campaign claiming the 50 something year old woman was going too fast. What kind of message is that to the kid?

On a similar note, as a parent would would be your reaction to the following scenario.....

Kid (13/14) comes home with some kind of facial injury
You go mad and ask him what happened
'Well me and my mates thought it would be funny to throw cans at a passing biker in the hope he would fall off, he didnt but came back and punched me in the face'

What would you do? This happened to me in town but I didnt actually go back and hit them. I did contemplate it though! Laughing
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XR125
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PostPosted: 17:27 - 01 Jan 2007    Post subject: Reply with quote

Some people has no regards to peoples property or their safety.

If they want to risk their lives try jumping from roof tops to other roof tops, don't risk someone elses lives.
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Itchy
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PostPosted: 20:11 - 01 Jan 2007    Post subject: Reply with quote

Villers wrote:
T
Kid (13/14) comes home with some kind of facial injury
You go mad and ask him what happened
'Well me and my mates thought it would be funny to throw cans at a passing biker in the hope he would fall off, he didnt but came back and punched me in the face'

What would you do? This happened to me in town but I didnt actually go back and hit them. I did contemplate it though! Laughing


Villers thats all nice and fine but the kid would not say

'Well me and my mates thought it would be funny to throw cans at a passing biker in the hope he would fall off, he didnt but came back and punched me in the face'

He would say.

"some fucken cunt on a bike came up to me and showed me his cock , I ran away and he punched me in the face while I was trying to escape"

Children are horrible liars, they are just prepping one of their major defences as adults , it then goes down to his word vs yours , if he cries in court and
or it isn't caught on CCTV or have witnesses they'll believe the child since we still have an archanic reasoning that the old and young are all innocent,
the bad apples are just as bad in all age groups , old people make fantastic pickpockets, as they play all innocent and giving them a vicious beating is
seriously frowned upon , and even if YOU were the victim they;d twist it so it was YOU attacking them ,

exampilfied by the bit in Naked gun 2 & 1/2 where Frank beats up Hacker in the wheel chair , hes an evil git but they automatically assume he is
attacking the man in the wheel chair.

A year or so ago there was this trend of old people 'tripping up' people would rush to help them , and lose their wallets, I dodge out the way instead.
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APNess
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PostPosted: 23:05 - 01 Jan 2007    Post subject: Reply with quote

This sort of thing happens all the time on the railway. I drive trains and so far (touch wood) not splatted anyone (and hope not to) but we get all manner of people risking their lives, whether for 'a laugh' or cause they want to end their life.

The criminal injuries board usually coughs up around £1-£2k to the driver in most cases even though they usually aren't injured in any way, save for trauma/sleepless nights/wondering if trespassers on the railway are about to step out in front of them. Most of our guys can take home up to or more than £1k/week so they're actually out of pocket from having time off work, which is why they get compensated.

This biker has been smashed up from a tragic accident down to childish stupidity, I'd say he definitely deserves compensation for the suffering he's been put through with physical injury, loss of earnings, mental trauma.

The parents of the kid must be devastated, feel for them, and no way should they be held liable.

Sad business.
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wilbur
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PostPosted: 23:13 - 01 Jan 2007    Post subject: Reply with quote

My sister is a teacher in Spain and is currently under a serious reprimand for hitting a kid. Nobody believes it ever happened. The witnesses ? The kids gang..

But they have to be seen to do someting so its going to court.

A collossal waste of time.

The alleged offence? Slapping him on the bottom.

FFS
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froggeh
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PostPosted: 01:25 - 02 Jan 2007    Post subject: Reply with quote

APNess wrote:
This sort of thing happens all the time on the railway. I drive trains and so far (touch wood) not splatted anyone


Call me morbid, but I would love to splatter some people who would be best served NOT in the human genetic pool.

I think I'd keep a little tally and get nitrous fitted to catch the buggers out Wink
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APNess
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PostPosted: 12:04 - 02 Jan 2007    Post subject: Reply with quote

Well, it's not something when you really come down to it that most of us encounter. I guess Police, Armed Forces, Ambulance, Fire services need to get immune to it.

Must admit though, some of the scrotes that live near me would not be missed in the grand scheme of things, at least at the moment. You never know - they might grow up to be world saving scientists...

Wait! Look! Up in the sky! Is it a bird? Is it a plane?

No, it's a flying pig.

In other words, they'll probably grow up to be adult scrotes.
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XR125
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PostPosted: 14:51 - 02 Jan 2007    Post subject: Reply with quote

froggeh wrote:
I think I'd keep a little tally and get nitrous fitted to catch the buggers out Wink


Made me lol.

Good one Smile Thumbs Up
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APNess
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PostPosted: 23:15 - 02 Jan 2007    Post subject: Reply with quote

I wonder how much nitrous the train would need for it to make a difference. It already puts out 3000hp at 900 rpm and 92000lb ft....

Oops off topic, I'll shut up!
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Dave McCool
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PostPosted: 17:10 - 04 Jan 2007    Post subject: Reply with quote

I've got to agree with Stinkwheel and co; it's always sad when a kid dies, even if, as in this case, he was a complete birk.

However, if the same kid had been throwing bricks in the path of passing bikers, forcing them to swerve and avoid them, would we feel as sympathetic?

Fact of the matter is, the biker in question was performing a perfectly legal move, which he had every right to believe he could accomplish safely. If he had hit anything other than a child, there would be no question about whether or not he deserved compensation, but because a child died he should be treated differently?

No. Of course not. He couldn't avoid the kid, and I'm willing to bet he'll spend the rest of his life wishing he had avoided him, but he couldn't. Nor did he have any part in the decision making process that culminated in the child ending up in the road.

It wasn't his fault, the family don't deserve punishment, but that's what insurance is for. I pay more for car insurance because statistically I'm a higher risk because I'm young, maybe house insurance should be more expensive when there are young kids in the house? (Maybe it is, I don't actually know...)

Just my contribution...
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