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Being hit by a car on HK island whilst on a bike

10 years 8 months ago #716 by bingalingding
Replied by bingalingding on topic Being hit by a car on HK island whilst on a bike
Hi,

Sorry to hear about your incident- the guy sounds like an idiot and it's truly worrying to hear that a policeman could actually side with him.

By way of empathy I can offer you some sort of comparative experience from being involved in an accident in the UK. I was basically hit by a van where the van driver was at fault and I had plenty of witnesses to back it up. Upon the threat of court action he very quickly changed his tune from 'sorry' to 'it wasn't my fault'. To cut a long story short it took me 2 1/2 very frustrating years of working with a farily useless lawyer before I finally got an out of court settlement in the range of 12k sterling for the (permanent) injuries he caused. Some thoughts / lessons learned include:

1. Get a decent lawyer who specialises in this sort of thing
2. Be patient
3. Be prepared it's going to take up a lot of your time.
4. It'll be stressfull.
5. It was eventually worth it (the money paid for house renovations).

Your case sounds quite different in that 1. you're in Hong Kong and 2. you avoided injury and therefore have nothing to gain out of this beyond the moral highground. Paying the money will be the easiest, cheapest and least stressfull option. But will, of course, leave you feeling morally hard done by.

I suspect that a strongly worded letter written by a lawyer who knows the hong kong laws should probably dissolve the situation once he realises he hasn't got a leg to stand on (I presume) but will cost you more (unless there are some charitable legal souls reading this???). If it ever did go to court you'd probably rue the day you didn't just give the guy 500 dollars to get him to p*ss off.

I think it's quite easy to say 'nail the guy in court' when you're not the one doing the nailing. If you want to 'stand up' then be prepared for what you may be letting yourself in for is the ultimate word of advice i would offer based on my experience. That, and make sure you have a good lawyer. A well worded letter with the aim to dissolve the situation in my mind sounds like the best option.

Good luck!

Ed

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10 years 8 months ago #715 by Jan Ayalin
Replied by Jan Ayalin on topic Being hit by a car on HK island whilst on a bike
That police is talking b.s. .... they should know the road users code, and know that cyclist has the same rights on the road as cars, in fact they are even protected.

www.td.gov.hk/road_safety/road_users_cod.../cyclists_/index.htm

take him to court teach him a lesson, if you pay him it'sj ust saying that he's right on what he did...

you're being too nice... what if he actually did some more serious damage to you physically... if that had been done to me, i'd mash his car with a big rock.

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10 years 8 months ago #714 by sharks
On Saturday 25Jan I was sandwiched between rock and a car whilst on my
MTB ride towards Shek O.
To cut a long story short, the car driver thinks its my fault for riding on the road and says I have two choices;
Either I pay him 500HKD towards the cost of repair of his car, or if I don’t, he'll take me to court for full damages. I have 10days from the accident to decide.

The car overtook me coming into a corner, on solid white line on the road and
I have two witnesses that saw this happen who will vouch for me. He cut
in without overtaking me fully, leaving me nowhere to go and I literally had the left side of the handlebar in the rock and the right side of the handlebar in his car door. I was riding alone and the car driver was on his own in the car. The
police were called, they didn’t take a side but did tell me that 'bikes
should not be on the road' and that the accident was as much my fault as
his. This is rubbish. I wasn’t injured but I have minor scratches on my
bike on both sides of the handlebars. I managed to stay upright on the
bike fortunately as there was a line of cars behind, I'd hate to think of
the consequences had I fallen. The location is in the picture above

My question is should I just pay the 500HKD for the convenience, or should I take this matter to court out of principal.
I was wondering there is any MTB loving lawyer out there who maybe able to help me with any advice or potentially know anyone that I can talk to about this. I have no experience of going to court or handling such a case.

As some of the members of the HKMBA have already said, its the car's fault and we should try and nail the driver in court. Would anyone like to help me fight this?
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