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Old 03-31-2013, 04:54 AM   #1
outback jack OP
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TAC Attack!

What's going on in Vic ? http://www.bikepoint.com.au/news/201...intref=ed-news
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Old 03-31-2013, 05:20 AM   #2
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TAC = Fucking wankers!!!!!!!!

If that's been reported accurately, it's breathtaking.
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Old 03-31-2013, 06:03 AM   #3
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Confused

Hi,

I am confused. Why did the TAC go to court? I thought we were covered regardless of fault.

I am obviously wrong given the court case.....

So it begs the question - what happens if we hit sand / rock / bulldust and drop it (on say Birsdville Track - gazetted rd). By definition, our fault. Does this limit our payout if injured?

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Old 03-31-2013, 01:39 PM   #4
outback jack OP
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I had a quick read of the court's transcript http://www.austlii.edu.au/au/cases/v...A/2013/29.html It would appear that TAC believed ole mate caused his own accident and fell off his bike and slid into the on coming trailer. Heavy Fog slippery conditions and an old bloke in a F100 towing a big trailer all played their part & rider error it seems. But i'm just as confused as to why TAC would not have found the initial judges decision final. Were they hoping to escape compensation payout to the rider? or have they just gone totally anti motorcycle and made this as an example of what they really think. And when they have this statement on their homepage WTF!

The TAC is a "no-fault" scheme. This means that medical benefits will be paid to an injured person - regardless of who caused the accident.

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outback jack screwed with this post 03-31-2013 at 01:51 PM
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Old 03-31-2013, 03:29 PM   #5
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I am guessing the difference in this case is that under the no fault part your medical and rehabilitation costs plus proportion of lost earnings are automatically covered but the TAC has always fought tooth n nail when it comes to people suing for big compo payouts for all road users. A visitor on one of our group rides faced similar fight 10+ years ago in similar circumstances after hitting a trailer that was on his side of the road.

From limited personal experience Pre TAC I think about the only ones benefiting from the compo scheme were the ambulance chasing lawyers.

Of more interest is the new proposal for a graduated licence system and other bits on the Vicroads website that none of the bike media seem to have bothered reporting in the month or so since the strategy was posted.
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Old 03-31-2013, 03:32 PM   #6
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I'm sure that TAC will issue a media release shortly that explains their position.

After all they are quick to publicise their 'wins'.
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Old 03-31-2013, 03:33 PM   #7
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Quote:
Originally Posted by Brocksamoyed View Post
Hi,

I am confused. Why did the TAC go to court? I thought we were covered regardless of fault.

I am obviously wrong given the court case.....

So it begs the question - what happens if we hit sand / rock / bulldust and drop it (on say Birsdville Track - gazetted rd). By definition, our fault. Does this limit our payout if injured?


Just remember, no matter what sort of prang you have on your own "you hit a Roo"
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Old 03-31-2013, 04:34 PM   #8
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We are lucky in the NT. If you have a stack report to cops, get a few payslips, go to TIO lodge claim and get paid. Dead easy
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Old 04-01-2013, 12:01 AM   #9
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Quote:
Originally Posted by PBee View Post
Just remember, no matter what sort of prang you have on your own "you hit a Roo"
... and what's the best advice for retroactive additions to the bike of fur, blood and guts.
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Old 04-01-2013, 12:24 AM   #10
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Originally Posted by farqhuar View Post
... and what's the best advice for retroactive additions to the bike of fur, blood and guts.
I've hit two roos, one jumped into the back of my bike while doing about 100 clicks sent me into a tank slapper & I was able to ride out of it.

The next one I wasn't so lucky, skippy jumped a fence landed in front of me & I caught him on the tail with the front wheel as he was just on the rise.
The result was R1200GSA into the scrub hitting a Tea Tree clump.
The bike was a write off. Fur & Guts never came into the equation.
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Old 04-01-2013, 12:32 AM   #11
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I have said this several times before, if you are involved in a single vehicle accident you will be booked for careless driving especially in NSW.

Remember " I swerved to avoid a collision with a roo/dog/sheep/snake" whatever, otherwise you will be contributing to the State coffers.
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Old 04-01-2013, 12:53 AM   #12
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Maybe there should be a government enquiry into TAC's obvious bias
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Old 04-01-2013, 02:01 AM   #13
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I think scaredofthedirt has it - not all TAC benefits seem to be no-fault benefits. And, to be fair, the initial decision strikes me as a bit unusual - there was remarkably little reliable information on which the trial judge had to make a decision. (Although I live in NSW and don't know TAC, and I don't litigate traffic accidents either).
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Old 04-01-2013, 02:23 AM   #14
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Quote:
Originally Posted by McCardigan View Post
I have said this several times before, if you are involved in a single vehicle accident you will be booked for careless driving especially in NSW.

Remember " I swerved to avoid a collision with a roo/dog/sheep/snake" whatever, otherwise you will be contributing to the State coffers.
Not always the best advice, mate. Doesn't really apply to riding, but avoiding an animal whilst driving is arguably negligent. One may have to argue why swerving wasn't negligent, in the particular circumstances.

There is probably case law in spport of both positions.


Anyway, the solution is to stay at home.
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Old 04-01-2013, 02:54 AM   #15
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Originally Posted by tripodtiger View Post
Not always the best advice, mate. Doesn't really apply to riding, but avoiding an animal whilst driving is arguably negligent. One may have to argue why swerving wasn't negligent, in the particular circumstances.

There is probably case law in spport of both positions.


Anyway, the solution is to stay at home.
G/day Ray

Understand where you are coming from, but throw that at the attending coppers and it puts them on the back foot. Forces them to use their grey matter!

Complications arise, do I, don't I?

Ouch! "stay at home" guess I may have ruffled a few feathers, oh well "Such is Life".

Will still have a beer with you next time we meet
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