A fight for justice

[Captain Stubing]

I was riding my motorcycle (stupidly uninsured for four months) to work, when an unlicenced person pulled out in front of me (from my left, and from a give way sign). This was in June last year.

The end result was my bike is a write off (bent frame, forks, and a "grey import" so it's hard to value)

I sent off a letter of demand to the driver of the car, and received back a letter from her lawyers, saying that my bike was worth bugger all, and they were contesting the amount I was claiming. My research says there's less than 20 in Queensland. (try finding a 1987 VF750C Magna, or in the USA a VF700C with 33k on the clock)

I sent off another letter, to which the reply way, they were questioning the value of my bike.

I then found she was contesting the "unlicensed driving' and 'drive without due care' charges, so I delayed my response until that had gone through the court system.

Once she entered a plea of guilty to the charges made, I sent off another letter to her solicitors.

I got a reply today.

The nuts and bolts of the reply is, that the accident happened further down the road from where I came off and the Prosecution alleged that the defendant entered from a side street on the other side of the road I was travelling on. I am apparently fabricating my version.

An Engineer's report attached said that the accident couldn't have happened the way I described it (I only had the grandstand seat!)

Their punch line is... if I continue to ask for payment for my bike, they will counter-sue for $1900 damage to her '83 Camira.

Has anyone had experience with lawyers using overbearing tactics to stop people from pursuing their claims. I'm assuming her lawyers are trying to intimidate me so their client doesn't have to pay.

My next step is the Small Claims Tribunal... me against her 'wordy' lawyers.