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I had an accident on a bike which is registered in my land…

Customer Question

I had an accident...

I had an accident on a bike which is registered in my land lords name on he’s property,I am unlicensed to ride the bike.who is liable also do I have a claim under he’s insurance?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: Has anything been filed or reported?

Not as of yet,I am in hospital atm with multiple fractures in my foot,I will be off work for a year

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s it,thank you

Submitted: 5 years ago.Category: Australia Law

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Answered in 41 minutes by:

11/30/2017

Solicitor: Leon, Solicitor replied 5 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

Good Afternoon

Were you the party at fault?

There was no other vehicle involved?

Did the landlord know you were unlicensed?

Customer reply replied 5 years ago

No
Yes

Solicitor: Leon, Solicitor replied 5 years ago

What caused the accident was it your negligence or were there dangerous parts on the property the landlord was aware of and did not warn you?

Customer reply replied 5 years ago

There was sand in the driveway that the landlord was aware of,I started it to warm it up as it hasn’t been driven in months,I rode it out of the driveway then back in,as I was going g back the bike slid on the sand. As a result of that I have multiple injuries,the worst being my right foot,I have 7 fractures In the foot that need to be operated and and plates installed for 6months,full recovery 1 year according to the surgeon

Solicitor: Leon, Solicitor replied 5 years ago

Good Morning

Did you see the sand as you were on the drive way and knew it was there?

If there was a ditch covered by grass and not visible and the landlord knew then this may be a case you have against him.

But as you started on the driveway and saw the sand then you also had knowledge and may not have a case against him.

If there is a case, because you knew of it and did not take steps to control the bike there may be a contibution on your part as well.

So the issue for you is to be able to show you did not in any way contribute to the injury and you had no knowledge of the sand and the landlord has a duty of care to tell you.

Only this way would you have a claim against him for negligence.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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