Bike knocked over by wind - insurance cover?

Tell her to get lost, no witness, no CCTV, anything could of happened. Jesus could of pushed it for all we know.

[Juju]

I do actually work in insurance, and on a brief assessment of the facts, there doesn't appear to be anything giving rise to a cause of action against you for which you require the indemnity of your insurers.

Basically, I am at a loss to see how she can claim against you, as you do not appear to have breeched your duty of care to her, and therefore have not failed in the basic tort of negligence.

You parked your bike, as safely as possible for the condtitions, where you were directed to do so. You expressed reservations, but were over ridden by the complainant.

There might be a quesiton that knowing the bike was at risk, that it should have been parked far enough away hat were it to fall over it wouldnt cause harm, but I feel the chain of causation is sufficiently remote that you would be unlucky for a judge to find against you.

By the way, anywhere which the public have access to, is a road for the purposes of the road traffic act, and therefore claim arising for negligence under the road traffic act. So a car park, even a private one, if it allows the public access to, ie entrance and exir, is so, as per Kato Vs Cutter & Eagle Star Insurance co.


Indeed, a more likely outcome is you have a counter claim for not being allowed to park where it was safe, given the conditions, and that the action of not allowing you, has caused you loss, and the complainant has therefore failed, given your clear experssion of concern, in their duty of care to you to allow you to park safely given the conditions.

Originally Posted by Juju

Indeed, a more likely outcome is you have a counter claim for not being allowed to park where it was safe, given the conditions, and that the action of not allowing you, has caused you loss, and the complainant has therefore failed, given your clear experssion of concern, in their duty of care to you to allow you to park safely given the conditions.

POW, get her Dan!

IS there not also a case against her for mis-use of company time and facilities, bullying in the workplace and haressment ??? someone is definately onto a looser.
JOHN

[Stingo]

This just gets better and better. More exciting than Corrie I tell you...(I don't get out much - bless).

Whilst appreciating that each case varies from the next, I think the info herein this thread is certainly yet another little thing to bear in mind....

Originally Posted by Juju

By the way, anywhere which the public have access to, is a road for the purposes of the road traffic act, and therefore claim arising for negligence under the road traffic act. So a car park, even a private one, if it allows the public access to, ie entrance and exir, is so, as per Kato Vs Cutter & Eagle Star Insurance co.

So a private car park is a public one? what if theres a gate so no one but the workforce can get in is that still consider a public road?

[Kalessin]

Originally Posted by sunshine

... its illegal not to provide equal parking to that of cars otherwise each bike can use its own car parking bay.

I would love this to be true... is there documentation available online?

[the_lone_wolf]

Originally Posted by Kalessin

I would love this to be true... is there documentation available online?

It's not


The amount of parking for developments will be guided by your local government's Unitary Development Plan, along with Manual For Streets, which recently superceded Design Bulletin 32 as the primary Government guidance on highways considerations for developments

MfS offers rough guidance but makes few hard and fast rules for parking, instead allowing planning officers to make decisions on what is suitable in a particular local situation. Your local UDP may make note of motorcycle parking but again it's just guidance on what is acceptable for planning applications, not anything written in law


Additionally, for the purposes of the RTA a private car park is a road, even if it's gated

Originally Posted by Kalessin

I would love this to be true... is there documentation available online?

I believe that all groups of people have to be treated equally meaning the few people that ride bikes fall into a different group to those who don't so the parking must be equal to that of a car for a bike.
It all about how you interprete the law, just dont ask which law it is.

[ophic]

Originally Posted by sunshine

I believe that all groups of people have to be treated equally meaning the few people that ride bikes fall into a different group to those who don't so the parking must be equal to that of a car for a bike.
It all about how you interprete the law, just dont ask which law it is.

More accurately its about which laws the planners can get away with ignoring. So I wouldn't expect a load of bike parking spaces to crop up anytime soon.