Motorcyclist gets his by a car, so the cager sues him for damages to his car...... - K-Bikes.com - Excellence in Motion
 
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post #1 of 1 (permalink) Old Dec 31st, 2006, 10:07 pm Thread Starter
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Motorcyclist gets his by a car, so the cager sues him for damages to his car......

http://newpaper.asia1.com.sg/news/st...120449,00.html

Article is below:

THE collision sent him flying from his bike.
Fortunately, motorcyclist Othman Abdul Rashid's injuries from an accident with a drink-driver were not life-threatening.

The safety officer, 31, was injured in the groin area and was given 11 days of medical leave.

The accident involving two cars, a Mazda and a Hyundai, took place on 20 Oct. Last month, the driver of the Hyundai, an operations executive, 41, was fined $2,200 and banned from driving for 16 months.
Click to see larger image
# Crash: Mr Othman Abdul Rashid, 32, shows what is left of his motorcycle after it had collided with the car. his helmet also sustained damage after grazing against the tarmac.--picture: Zaihan Mohamed Yusof

Mr Othman, was happy to be alive and glad that the driver was punished, but he was not prepared for all that came after the accident.

The first shock: Five days after the accident, on 25 Oct, Mr Othman got a letter from his insurance company, NTUC Income Insurance, informing him that a claim had been made against him by the Mazda owner.

On 7 Nov, he got a letter from the Mazda owner's lawyer, asking for his particulars.

CAN'T BE HAPPENING

Mr Othman said: 'When I opened the letters, I thought, 'This can't be happening'.'

The Mazda owner is claiming about $15,000 for repairs, said Mr Othman.

The second shock: He received a summons from the Traffic Police on 9 Dec, stating that he committed an offence for 'failing to give way... resulting in a collision...'

Mr Othman lodged an appeal with the Traffic Police, who said that they are reviewing the case.

The biggest shock: The final surprise arrived on 14 Dec - a lawyer's letter from the Hyundai owner, demanding about $9,700 for the repairs and inconvenience to the vehicle owner.

Mr Othman described the situation as 'ridiculous'.

He told The New Paper on Sunday: 'Am I not supposed to be the victim of drink-driving? Now, it seems like I am the guilty one.'

Mr Othman, who has been riding motorcycles for 12 years, claimed to be a careful rider.

He has hired a lawyer to defend him.

'I must be the unluckiest motorcycle rider to be involved in a crash like this,' he said.

'I can't claim for the damage to my vehicle or my medical bills since the case is under review.'

And he may end up paying more for his insurance.

The whole mess started when Mr Othman was travelling along Yuan Ching Road towards Jurong Super Bowl to pick up his wife, around 5.30pm.

He wanted to turn right, into Ho Ching Road, and so did the Mazda 3, which was alongside.

The Hyundai was going straight, in the opposite direction.

Mr Othman blacked out briefly when the collision took place.

He said: 'The force sent me flying across the Hyundai's bonnet. All I could remember was landing close to the Mazda's undercarriage. I was later told that my motorcycle had slammed against the Mazda.'

The box on his motorbike flew off and hit the windscreen of a passing van.

When Mr Othman came to, he saw that his motorcycle had been parked on its side-stand in front of the Hyundai. Its forks and headlights were damaged.

There was no visible damage to the left side of his bike, but the right side of his fuel tank was damaged.

Though he felt pain in his groin, the left side of his shoulder and his left leg, he limped over to the Hyundai driver.

As he spoke to the driver to get his particulars, Mr Othman noticed a smell of alcohol from the man. He decided to call the police to tell them of his observation.

Mr Othman, who has a 10-month-old daughter, said: 'When I smelled his breath, I was sure he had been drinking. The man was also flushed. I thought this was a straightforward accident case.

'Luckily, my pregnant wife had not been with me on the motorcycle. I dare not think of what would have happened to our baby.'

Mr Othman was taken to National University Hospital.

Later that night, the driver's wife, Mrs Yong Wee Siong, offered to settle Mr Othman's bike repair bill for $2,000.

When contacted, she said: 'We offered to pay that amount because we thought it was a small matter. But the rider didn't accept our offer. And that was before the accident became a police case.'

She said her husband's drink-driving and the accident were separate matters, and it was their case that Mr Othman had caused the accident.

Two lawyers The New Paper spoke to felt that Mr Othman cannot automatically be cleared of all responsibility just because the driver had been drinking.

Mr S Balamurugan, who has handled such cases before, said: 'The issue is who caused the accident and caused the chain of collisions. The motorcyclist has to show that the drink-driver caused it, if he is to contest this.'

Mr Christopher Fam, who has 30 years of experience handling vehicle accident cases, said drink driving and the cause of the accident are indeed separate matters.

'The police were right to charge the drink-driver,' he said. 'But they will also right in charging the motorcyclist if it can be shown that he caused the accident.'

Mr Othman, however, believes that he is in the right.

His lawyer is waiting for the outcome of the Traffic Police appeal before proceeding with the case, he said.

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