Someone knocked over my bike when he was driving out of the driveway of his apartment. Luckily, someone saw this incident and left a note on my bike with the time of the incident and the detail of the car. I bring the detail to the nearest police station and ask for the person’s contact detail. The police called and confirm with the car’s owner if he knocked down any motor vehicle. He sort of admits to it, but argue that my bike is on his driveway. The police told me that he is not going to deal with this situation and he will just give me the contact detail of the car’s owner. Once, I got the contact detail, I called him immediately. He refused to answer and call after many attempt. So I left him a message, to call me back by Monday or I will seek for legal advice.
At Monday morning, I received a call from the management of a apartment, asking me to remove my bike or else they will call the city council to remove my bike. The management told me that I am parking at their driveway.
2007-02-18 11:03:16 · 6 answers · asked by aniki T 1 in Politics & Government ➔ Law Enforcement & Police
I didn’t know that the driveway include 1.5 metres left and right of the exit of the driveway. But it is very misleading, as there is a parking lot painted on the road and there is a lot of space for any vehicle to drive out of the driveway comfortably. I am not obstructing the vehicle driving out of the driveway.
So what if I admit that I had parked on his driveway, does he has the rights to knock over my bike and ran away without any notice even though I had parked on his driveway? I.e. someone park their car in front of your driveway, can you knocked his car off, in order for you to exit.
Hope that someone can give me some advice to deal with this situation. I had been unfairly treated and even the management of the apartment talks to me in a very rude manner and not giving me the chance to talk to her then shut the phone off.
2007-02-18 11:04:38 · update #1
If you were parked in a space that was marked as a parking space, I don't think you should be held responsible. Yes, it is true that there is supposed to be turn area on both sides of a drive, and if your bike was in this space the owner of the car can probably claim it's not his responsibility either. If this is private property and the owner painted the space, then I would say they would bear the burden of the blame for improperly marking the spaces. (I'm not a legal expert, just a reasonable person.) Can the person who saw the accident state that you were in a marked parking place? If this is the case, you are clearly not at fault and whoever marked the space is the one who should bear the blame. If you weren't in a legal space, then I think you are out of luck. Call the witness back and make sure you can get them to say that you were legally parked. Regardless, smashing somebodies bike and then just driving off is disgusting, legal parking or not. Failing to report an accident is a crime, at least in my state (California), and if for no other reason you should talk to legal advice.
2007-02-18 11:29:32 · answer #1 · answered by gordon B 3 · 0⤊ 0⤋
You need to take the owner of the car to small claims court for the amount of damages to your bike. Don't call him anymore, just get the paperwork filed (don't need a lawyer for small claims court, at least not in Canada) and serve him with the necessary papers. Here in Ontario, all the information about how to file and all the forms are on line at the government website.
2007-02-18 19:09:31 · answer #2 · answered by joeanonymous 6 · 0⤊ 0⤋
Take the information you have and take him to small claims court. Depending on how the court see's your parking, right or wrong you may be held somewhat responsible. But the driver still has a responsibility as a driver to not hit other vehicles and commited a hit and run.
2007-02-18 21:23:37 · answer #3 · answered by Χαλαρά 7 · 0⤊ 0⤋
Take your bicycle to a bike shop and have a damage estimate done. Go to the local court and file a small claim tort against the driver for hit & run damages. Add all the court costs and fees to the damage estimate. I guarantee he will call you!
2007-02-18 19:14:38 · answer #4 · answered by rico3151 6 · 0⤊ 0⤋
Here is AZ-the police do not give out contact information. If you were parked on his property-private property-it is a civil issue. Common sense tell you that you should just suck it up and fix your bike.
2007-02-18 19:09:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
File hit and run charges with the court and file suit against him.
You may be "parked" illegally but he has no right to hit your property...he or his insurance must pay...and get him fined for leaving the scene...
2007-02-18 20:41:32 · answer #6 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋