am i liable?

In aus.bicycle on Sun said:

I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
road rules.

That he did something illegal doesn't mean you are allowed to.

You deliberately damaged the car.

What to do?

Well, your chances of pleading "I didn't know it would dent" are probably minimal.

You might try you were trying to save yourself, you were panicked when he got so close and you
flailed out.

If you tell them it was deliberate, you are hosed.

Zebee

in article said:

He said he would go to the police.

I'm no lawyer, but if it were me I'd call his bluff. Wish him good luck as he tries to explain to
the police that he was turning in front of you so close that you could bang his car. Tell him you're
considering making a complaint too, and offer to accompany him to the police station.

Shane

"andrew G" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

i am worried though.

even though the driver did try to run me down by overtaking and then

turning

Quoted message said:

in front of me, I did hit the car and dent it with my fist.

I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
road rules.

From your post, it is quite apparent that you were very angry at the time as your safety was
put at risk.

Also, if the driver went to the police, would be admitting that they did the wrong thing. Trade
their demerit points with a guarantee that they won't take action against you.

Personally, I strongly doubt they will go to the police. If they were going to do that, they
wouldn't have come to you. Suggest blackmail, perhaps?
--
Alan Erskine alanerskine(at)optusnet.com.au GWB the Ghengis Khan of the 21st Century

Try him for size ...generally as i have found out the person is very reluctant to go to the
police.......Does he have any witnesses ....mmm then its his word against yours

"You get 100% of what you don't ask for"

"andrew G" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

i am worried though.

even though the driver did try to run me down by overtaking and then

turning

Quoted message said:

in front of me, I did hit the car and dent it with my fist.

I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
road rules.

In article said:

A person in a car turned left in front of me the other day, i had to brake hard and missed
hitting them.

There is a provision in the law that says cyclists aren't allowed to overtake left turning vehicles.
You'd have to make it clear that you weren't doing that. If they overtook you and starting turning
left at the same time, then I think they would most certainly be in the wrong.

As for causing deliberate damage to their vehicle, you'd be in the wrong there. Even if they did
take it to the Police, it'd be interesting to see how the handle it.

I had an incident where I was illegally riding (that's questionable since it was before the
standardised national laws came into effect and I was probably under the age of 12) on the footpath
and hit a car that was driving out of a car park (obscured by bushes) and the Police advised them
that they had no chance in the way of hell of convincing a magistrate that I should pay for damages
to his vehicle, mind you I was of a young age and he had failed to sound his warning device, while
driving out of a driveway at top speed. That and he restrained me unlawfully until I gave him a
telephone number (his wife certainly didn't look too impressed), for that I think I did threaten to
press charges as well (though as it turned out he was a barrister so it would have been too much of
a hassle, though no doubt he knew that if he tried to have me pay for damange to his vehicle then he
probably would be charged himself).

--
Jeremy Lunn Melbourne, Australia Homepage: austux.netaustux.netOpen ↗ jabber.orgjabber.orgOpen ↗ - the next
generation of Instant Messaging.

"andrew G" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

A few questions.

How did he find you? Exchanged names and addresses or a neighbour?

Does he have any independent witnesses?

If he is a neighbour it may pay you to sort out the costs amicably and avoid future aggro. If he's
not and he has no witnesses then he's pissing in the wind, hoping you'll be shaken enough by it to
pay up. I don't like people who make idle threats, if he really had a claim he'd have had the police
on your doorstep then use the charge to get his insurance claim processed against you.

Stand fast. He f#%ked up, you f#%ked up, call it even. Get him to run a written apology to you, for
his infringement of the road rules, in the Herald Sun. That ought to be worth the few hundred bucks
to fix his dent.

Cheers Peter

andrew G said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

i am worried though.

even though the driver did try to run me down by overtaking and then turning in front of me, I did
hit the car and dent it with my fist.

I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
road rules.

Let him go to the police, as long as you don't lie to them they won't give a [censored] (that's if they
even contact you). Your main worry would be a civil action in the local court, but I don't think it
will come to that.

It's always tempting to bash the cars, but it can be a very expensive habit. If you must lower
yourself to the car drivers level, then snap off their aerial. Nowhere near as expensive as
panel-beating but just as much short-term gratification. I once tried to spit on a taxi driver
who tried to run me down but I ended up getting the old lady in the back seat. Felt pretty bad
about that one.

- LB

Pay up, you did the wrong thing. You should never retaliate like that.

Greetings, Unfortunately, this turkey is legal. It is apparently now in the road regs that you can
overtake a cyclist to make a left turn rather than wait behind them as I would tend to do. Pretty
stupid, huh ? Unless you have one of the rear vision mirrors I use, how do you know a car coming up
behind you is going to make a turn ? Suggest you initiate Plan Five and set off the charges under
101 Cotham Rd Kew, because this is another example of how the Great God Car rules all, and when we
exchange our cars for bikes we automatically become second class citizens. Cheers, Ray.

Peter Signorini said:

"andrew G" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

A few questions.

How did he find you? Exchanged names and addresses or a neighbour?

Does he have any independent witnesses?

If he is a neighbour it may pay you to sort out the costs amicably and avoid future aggro. If he's
not and he has no witnesses then he's pissing in the wind, hoping you'll be shaken enough by it to
pay up. I don't like people who make idle threats, if he really had a claim he'd have had the
police on your doorstep then use the charge to get his insurance claim processed against you.

Stand fast. He f#%ked up, you f#%ked up, call it even. Get him to run a written apology to you, for
his infringement of the road rules, in the Herald Sun. That ought to be worth the few hundred bucks
to fix his dent.

Cheers Peter

Self Defence reaction. If he wants try it on, let him. The cops would probably tell him he has no
recourse for this action. The alternative, (had she/he hit you), would have been neg. driving + the
injury etc. She/he got off lightly. Call it an education for them and you. If I was remorseful and
paid for all the mirrors & weathershields laying along Military Rd, York St, Longueville Rd. and
Clarence St, I would not have about as much as a dozen mirrors and a weathershield cost. I crunched
a bloke's leg once that opened his door - it was in the rain and the door had nearly taken me out.
Funny expression on his face after said leg crunch (door slammed shut on the leg with a foot on the
road), when I said to watch what he was doing with his f***ing door in future. He couldn't exactly
run after me 🙂 Pain, dismay... good stuff. Jock

"andrew G" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

i am worried though.

even though the driver did try to run me down by overtaking and then

turning

Quoted message said:

in front of me, I did hit the car and dent it with my fist.

I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
road rules.

"Peter Signorini" <[email hidden]> wrote in message "]news:[email hidden]...
:
:
: A few questions.
:
: How did he find you? Exchanged names and addresses or a neighbour?
It's a small town
:
: Does he have any independent witnesses?
and so do i

actually it was his wifes car and he was not driving. nor was he in it neither did the car or me
stop at the time. perhaps he should sue the makers for making flimsy vehicles, my fist was not
even bruised.

:
: If he is a neighbour it may pay you to sort out the costs amicably and
avoid
: future aggro. If he's not and he has no witnesses then he's pissing in the wind, hoping you'll be
: shaken enough by it to pay up. I don't like people who make idle threats, if he really had a claim
: he'd have had the police
on
: your doorstep then use the charge to get his insurance claim processed against you.
:
: Stand fast. He f#%ked up, you f#%ked up, call it even. Get him to run a written apology to you,
: for his infringement of the road rules, in the Herald Sun. That ought to be worth the few hundred
: bucks to fix his dent.
:
: Cheers Peter
:
:

this was a spor of the moment action, just a protest bang as she went past! i dont ever advocate
deliberate damage.

i thought at the time that it was a good 'fine' for the infringement. "Luther Blissett"
<[email hidden]> wrote in message "]news:[email hidden]...
: andrew G wrote:
:
: >A person in a car turned left in front of me the other day, i had to brake hard and missed
: >hitting them. I banged on the side of the car with my fist as it went past. the car dented! (jap
: >[censored]) I was most surprised. the next day, the husband of the driver came and asked me to pay for
: >the damages to the car. I refused. He said he would go to the police.
: >
: >i am worried though.
: >
: >even though the driver did try to run me down by overtaking and then
turning
: >in front of me, I did hit the car and dent it with my fist.
: >
: >I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
: >road rules.
: >
: >
: >
: >
: >
: Let him go to the police, as long as you don't lie to them they won't give a [censored] (that's if they
: even contact you). Your main worry would be a civil action in the local court, but I don't think
: it will come to that.
:
: It's always tempting to bash the cars, but it can be a very expensive habit. If you must lower
: yourself to the car drivers level, then snap off their aerial. Nowhere near as expensive as
: panel-beating but just as much short-term gratification. I once tried to spit on a taxi driver who
: tried to run me down but I ended up getting the old lady in the back seat. Felt pretty bad about
: that one.
:
: - LB
:

"Mark B" <[email hidden]> wrote in message "]news:[email hidden]...
: Pay up, you did the wrong thing. You should never retaliate like that.

if i wanted to do damage i would have carried a crowbar.

And opening a door into traffic is an offense.

Jock said:

Self Defence reaction. If he wants try it on, let him. The cops would probably tell him he has no
recourse for this action. The alternative, (had she/he hit you), would have been neg. driving +
the injury etc. She/he got off lightly. Call it an education for them and you. If I was remorseful
and paid for all the mirrors & weathershields laying along Military Rd, York St, Longueville Rd.
and Clarence St, I would not have about as much as a dozen mirrors and a weathershield cost. I
crunched a bloke's leg once that opened his door - it was in the rain and the door had nearly
taken me out. Funny expression on his face after said leg crunch (door slammed shut on the leg
with a foot on the road), when I said to watch what he was doing with his f***ing door in future.
He couldn't exactly run after me 🙂 Pain, dismay... good stuff. Jock

"andrew G" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

i am worried though.

even though the driver did try to run me down by overtaking and then

turning

Quoted message said:

in front of me, I did hit the car and dent it with my fist.

I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
road rules.

"andrew G" <[email hidden]> wrote in news:ba9e3b$q5887$1@ID- 119557.news.dfncis.de:

Quoted message said:

"Mark B" <[email hidden]> wrote in message "]news:[email hidden]...
: Pay up, you did the wrong thing. You should never retaliate like that.

Quoted message said:

if i wanted to do damage i would have carried a crowbar.

That's a bit rough 🙂 You ASKED for advice, just because you do not like the advice give is no
reason to "bash the side of his Mark B's car in"

Trevor S

Next explain how in an attempt to avoid the collision your hand made contact with said vehicle.
Accidental contact due to the vehicle cutting you off. Hopefully there won't be another time.
Stay upright.

Coss. andrew G <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

A person in a car turned left in front of me the other day, i had to brake hard and missed hitting
them. I banged on the side of the car with my fist as it went past. the car dented! (jap [censored]) I
was most surprised. the next day, the husband of the driver came and asked me to pay for the
damages to the car. I refused. He said he would go to the police.

i am worried though.

even though the driver did try to run me down by overtaking and then

turning

Quoted message said:

in front of me, I did hit the car and dent it with my fist.

I did not intend to dent or damage the car, only to protest this flagrant and dangerous breach of
road rules.

"andrew G" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

this was a spor of the moment action, just a protest bang as she went

past!

Quoted message said:

i dont ever advocate deliberate damage.

Next time, if you can think of it, try the flat of your hand on the roof, bonnet or boot. Much less
likely to cause any damage but a resounding boom through the driver's car. Did it once to a cretin
who had cut me off in the city, on the roof right over his head, and boy did he jump in his seat.

Cheers Peter

The answer probably depends to some extent on which state you are in.

If you are in Queensland (I am not) I have a vague recollection that the defence of "provocation" in
the Criminal Code is available in as a defence in both civil and criminal actions.

Wherever you are, it is the other side that has to prove its case - ie, prove that you either
negilgently or deliberately damaged the door. Even if the driver was driving in accordance with the
letter of a particular road rule in the relevant state, it does not necessarily mean that the driver
is not guilty of "contributory negligence" that reduces his/her recovery.

The best advice is - admit nothing, if the driver/owner takes it further, get advice from a local
solicitor. You will probably find (if you ask nicely) that you will get a half hour of free advice.

Allen

The answer probably depends to some extent on which state you are in.

If you are in Queensland (I am not) I have a vague recollection that the defence of "provocation" in
the Criminal Code is available in as a defence in both civil and criminal actions.

Wherever you are, it is the other side that has to prove its case - ie, prove that you either
negilgently or deliberately damaged the door. Even if the driver was driving in accordance with the
letter of a particular road rule in the relevant state, it does not necessarily mean that the driver
is not guilty of "contributory negligence" that reduces his/her recovery.

The best advice is - admit nothing, if the driver/owner takes it further, get advice from a local
solicitor. You will probably find (if you ask nicely) that you will get a half hour of free advice.

Allen