Can you believe some people... - Page 2

sgt_doofey · 03-01-2008, 03:04 PM

Quote:

Originally Posted by AUIIForte

Just hopefully this dick head who crashed into you is insured and able to pay for your uncles car repairs!

According to an earlier post, he was ****ed and on drugs. No chance his insurance would cover him. Just leave it for your insurance company to chase them up for the money.

Casablanca · 03-01-2008, 03:05 PM

yea its gunna suck waiting for it because i think itll take a while

AUIIForte · 03-01-2008, 03:09 PM

Quote:

Originally Posted by sgt_doofey

According to an earlier post, he was ****ed and on drugs. No chance his insurance would cover him. Just leave it for your insurance company to chase them up for the money.

Sorry I don't quite understand what you mean?

Do you mean that because he was drugged up, and ****ed off that his insurance will not pay for the Falcon 500 damage? Or do you mean because that this guy was ****ed off, and was drugged up, he possibly doesn't even have insurance?

EDIT: Sorry, I accidentally pressed "ENTER". If this man, driving the EVO had insurance, it does NOT matter if he was under the influence of ANY drug, or ****ED OFF.. If so, I could get really really drunk, than smoke some marijuana and be REALLY up in the head and go for a drive... I crash into somebody, but , im drugged up, so my insurance will no cover it.. WRONG. IT will! Im just saying this because thats how I take your response, but Im not too sure what you exactly mean though. So please don't take harshly of my reply if I didn't understand you properly!

Ive been through this with a heroin addict who was with NRMA insurance and even though he was FLIPPIN IN HIGH, his insurance still payed, BECAUSE he paid them and never missed a payment...

Casablanca · 03-01-2008, 03:10 PM

because he was drugged and ****ed it means that his insurance wont cover what he did but my insurance will chase him personally for the money to cover it.

JC · 03-01-2008, 03:12 PM

Quote:

Originally Posted by Casablanca

yea its gunna suck waiting for it because i think itll take a while

Is your uncle's car insured comprehensively? If so, then as long as you have the "at fault" person's details, then you can claim through your insurance, with no penalty (ie no excess, no loss of NCB), and it is their job to chase him. It is then his job to try to convince his insurance to cover him (they shouldn't), but that is not your problem. You are covered by your insurance, and they recover excess and costs from his insurance, or him directly.

Of course, if you have only 3rd party on the Fairlane, then, yes, it may (will) take ages.

Casablanca · 03-01-2008, 03:15 PM

Quote:

Originally Posted by JC

Is your uncle's car insured comprehensively? If so, then as long as you have the "at fault" person's details, then you can claim through your insurance, with no penalty (ie no excess, no loss of NCB), and it is their job to chase him. It is then his job to try to convince his insurance to cover him (they shouldn't), but that is not your problem. You are covered by your insurance, and they recover excess and costs from his insurance, or him directly.

Of course, if you have only 3rd party on the Fairlane, then, yes, it may (will) take ages.

oh ok my uncle does have full comprehensive i dont know who wouldnt on a car like this but as i have never claimed insurance and have had people tell me that it will take forever to go through.

cheers for the info, though my uncle is probably well aware im not and its gunna help me to know these things in the future

T3ts50 · 03-01-2008, 03:16 PM

Quote:

Originally Posted by FordACE

So in the eyes of the law your saying, him hitting your car wasn't "provocation". Seriously, as if. But for his actions, you would never have got out of the car. YOu need a better lawyer.

Read the case, White v. Conolly (Qld) if you want a better understanding of provocation.

Didnt they abolish the provocation law a few years back after some guy murdered his wife and claim her cheating on him was "provacation" and won the case?

FordACE · 03-01-2008, 03:16 PM

Quote:

Originally Posted by AUIIForte

Sorry I don't quite understand what you mean?

Do you mean that because he was drugged up, and ****ed off that his insurance will not pay for the Falcon 500 damage? Or do you mean because that this guy was ****ed off, and was drugged up, he possibly doesn't even have insurance?

EDIT: Sorry, I accidentally pressed "ENTER". If this man, driving the EVO had insurance, it does NOT matter if he was under the influence of ANY drug, or ****ED OFF.. If so, I could get really really drunk, than smoke some marijuana and be REALLY up in the head and go for a drive... I crash into somebody, but , im drugged up, so my insurance will no cover it.. WRONG. IT will! Im just saying this because thats how I take your response, but Im not too sure what you exactly mean though. So please don't take harshly of my reply if I didn't understand you properly!

Ive been through this with a heroin addict who was with NRMA insurance and even though he was FLIPPIN IN HIGH, his insurance still payed, BECAUSE he paid them and never missed a payment...

maybe he meant won't cover the EVO's damage, not the uncles.

FordACE · 03-01-2008, 03:18 PM

Quote:

Originally Posted by T3ts50

Didnt they abolish the provocation law a few years back after some guy murdered his wife and claim her cheating on him was "provacation" and won the case?

I really doubt that. If you can show me the case, then I might believe it. You can't use the provocation law under white v. connoly to use excessive force. I.e, if you are punched, you can only punch back. You can't grab a knife and then plea provocation. YOu can only plea provocation if you "fight" back within what you were provoked with.

But, i'm willing to be proved otherwise.

Casablanca · 03-01-2008, 03:18 PM

nah it means the insurer wont cover the guy that damaged my uncles car or his own due to him being off his head whilst driving his policy is immediately void, but in saying that my uncles insurer will chase him down and shake every penny outta his pockets to pay for the damage.

Quasi · 03-01-2008, 03:21 PM

Quote:

Originally Posted by xbandrew

thats crap, i doubt he'll get off tho, did ya get him good

Wrong! Been there done that. I spent a year of my life doing community service, after being extremely lucky and not going to gaol on two assualt charges after some ****er went to hit me and I stopped him.

The weird part is it was the same situation......the ****er hit my car after losing control in the wet.

grab a lawyer and tell him EVERYTHING, exactly as it happened.

I hope things work out for you 'Casablanca'.

Casablanca · 03-01-2008, 03:24 PM

Quote:

Originally Posted by Quasi

Wrong! Been there done that. I spent a year of my life doing community service, after being extremely lucky and not going to gaol on two assualt charges after some ****er went to hit me and I stopped him.

The weird part is it was the same situation......the ****er hit my car after losing control in the wet.

grab a lawyer and tell him EVERYTHING, exactly as it happened.

I hope things work out for you 'Casablanca'.

its already pretty much sorted the cops have arrested him for lying to them and believe the witness who saw it i dont have to worry about it anymore as they said i was in the right i told the truth and i was provoked into attack by what he said then classed under self defence as he hit me first.

he started it but i finished it and hopefully the repairs wont take to long on the fairlane 500

FordACE · 03-01-2008, 03:24 PM

Quote:

Originally Posted by Quasi

Wrong! Been there done that. I spent a year of my life doing community service, after being extremely lucky and not going to gaol on two assualt charges after some ****er went to hit me and I stopped him.

The weird part is it was the same situation......the ****er hit my car after losing control in the wet.

grab a lawyer and tell him EVERYTHING, exactly as it happened.

I hope things work out for you 'Casablanca'.

yeah, unfortunately, the wrong doers often have more rights then others. YOu have to be careful to not have the law turn against you.

Life is one big giant game, just make sure you complete it with bonus points.

vztrt · 03-01-2008, 03:26 PM

Quote:

Originally Posted by Casablanca

nah it means the insurer wont cover the guy that damaged my uncles car or his own due to him being off his head whilst driving his policy is immediately void, but in saying that my uncles insurer will chase him down and shake every penny outta his pockets to pay for the damage.

Yep his insurance wont cover your uncles damage. Bus as stated earlier if you go through your uncles insurance and give them the details of the guy, then they will fix up the car (at no cost to your uncle, unless you wern't allowed to drive it) and chase the money from the guy in the evo.

Quasi · 03-01-2008, 03:26 PM

Quote:

Originally Posted by davway

ill tell you this right now, because i got out of my car, I PROVOKED HIM and he was defending himself. thats from the mouth of the LAW.

Yep, precisely. That was also my undoing. I got out to ask if he was a d i c khead and that's all that was needed.

Casablanca · 03-01-2008, 03:26 PM

your telling me i thought i was in a whole load of shite when they pulled me off him and i actually thought about it, i was thinking im gunna be chucked in prison if you had seen the guy youd understand why they cuffed me straight away then asked questions later.

T3ts50 · 03-01-2008, 03:27 PM

Quote:

Originally Posted by FordACE

I really doubt that. If you can show me the case, then I might believe it. You can't use the provocation law under white v. connoly to use excessive force. I.e, if you are punched, you can only punch back. You can't grab a knife and then plea provocation. YOu can only plea provocation if you "fight" back within what you were provoked with.

But, i'm willing to be proved otherwise.

Here is the meaning of provocation, as you can see it wouldnt relate to whats going on here. The law has been abolished in victoria and tasmania

Where the defendant kills another in Self-Defence the law treats the killing as justifiable - self defence operates as a complete defence to offences against the person such as assault and murder. Where the defendant kills in response to provocation, the law allows a partial excuse which reduces the offence from murder to manslaughter. This is a recognition by the law that a person who kills in the face of provocation is less culpable; while the law will not condone killing in these circumstances, the courts, "as a concession to human frailty", will admit provocation as a partial excuse or qualified defence.

Foobar · 03-01-2008, 03:33 PM

Quote:

Originally Posted by Casablanca

its already pretty much sorted the cops have arrested him for lying to them and believe the witness who saw it i dont have to worry about it anymore as they said i was in the right i told the truth and i was provoked into attack by what he said then classed under self defence as he hit me first.

he started it but i finished it and hopefully the repairs wont take to long on the fairlane 500

Are the charges against you going to stand or will they be dropped now that the picture of what happened and why is extremely clear to the police?

AUIIForte · 03-01-2008, 03:36 PM

Quote:

Originally Posted by FordACE

yeah, unfortunately, the wrong doers often have more rights then others. YOu have to be careful to not have the law turn against you.

Life is one big giant game, just make sure you complete it with bonus points.

hahahahaha! So true, I have experienced it on MANY levels!

Casablanca · 03-01-2008, 03:37 PM

all charges are dropped thanks to the idiot lying to them otherwise if he had have been sober he might of come off on the better foot and i would be well and truly screwed. for the pure fact that i beat him that bad regardless of why.

Quasi · 03-01-2008, 03:42 PM

Quote:

Originally Posted by FordACE

I really doubt that. If you can show me the case, then I might believe it. You can't use the provocation law under white v. connoly to use excessive force. I.e, if you are punched, you can only punch back. You can't grab a knife and then plea provocation. YOu can only plea provocation if you "fight" back within what you were provoked with.

But, i'm willing to be proved otherwise.

Yeah, what you're obviously referring to is 'equal force'. Someone punches me once I can't punch them back 6 times, it goes beyond self-defence at that point (since if I have gotten 6 descent punches in the guy is likely in a coma and no longer a threat

). However, unless it has been changed since my training, I can defend my wife, or kids, with 'equal force' in the same situation....he hits her, and I hit him....as she is deemed incapable of defending herself in that manner.

Casablanca · 03-01-2008, 03:44 PM

thats why i was crapping myself i know he hit me quite a few more times but i think my punches did a lot more damage as i have nothing to show for what he did.

AUIIForte · 03-01-2008, 03:45 PM

Quote:

Originally Posted by T3ts50

Here is the meaning of provocation, as you can see it wouldnt relate to whats going on here. The law has been abolished in victoria and tasmania

Where the defendant kills another in Self-Defence the law treats the killing as justifiable - self defence operates as a complete defence to offences against the person such as assault and murder. Where the defendant kills in response to provocation, the law allows a partial excuse which reduces the offence from murder to manslaughter. This is a recognition by the law that a person who kills in the face of provocation is less culpable; while the law will not condone killing in these circumstances, the courts, "as a concession to human frailty", will admit provocation as a partial excuse or qualified defence.

What? I don't get it. So if I am trying to protect my family from SLAUGHTER by 4 people with knives, and I have a rifle and i kill them all, I will go to jail for saving my life and my families life?

EDIT: Sorry if I read your post wrong :togo:!

Casablanca · 03-01-2008, 03:47 PM

in a matter of speaking yes, but if you manged to disarm him and stab him and kill him youd pretty much get off as self defence but if you shot them all with you shotgun before they had actually attacked your family you would be screwed but if they stabbed your wife then they used lethal force so you can basically.

that probably didnt make a lot of sense but hey look at what just happened to me lol

T3ts50 · 03-01-2008, 03:50 PM

Quote:

Originally Posted by AUIIForte

What? I don't get it. So if I am trying to protect my family from SLAUGHTER by 4 people with knives, and I have a rifle and i kill them all, I will go to jail for saving my life and my families life?

EDIT: Sorry if I read your post wrong :togo:!

Thats not my defination, its one I found on a law site. Heres the link if your interested.

http://law.anu.edu.au/criminet/tprov.html

70caprigt3k · 03-01-2008, 03:58 PM

Good to hear it came out well for you mate, if i was in your position i would have done the exact same thing!

In peak hour Mt. Cotton road is a mine field with all manner of heads trying to break the land speed record down there or just completely tuning out because its just a long boring road.

XA-Coupe · 03-01-2008, 03:59 PM

People are getting provocation mixed up with self defence. Provocation is not self defence rather a defence for an action.
Killing 4 people with knives about to kill someone is not provocation, it is defence of another person's life. Me walking up to you and saying 'kill me' is provocation.
By the way, I think you did the right thing pounding the twat, maybe not to the degree you seem to have but I'll bet he thinks twice about doing it again. I have got very laid back and non confrontational in my old age but I would not ever take a punch and not defend myself.

Casablanca · 03-01-2008, 04:02 PM

thanks guys i know when i get worked up im pretty hotheaded im only 19 so its kinda obvious i guess that most yound people have something to prove but im not one of em im a lover not a fighter but i was just way to upset at the time.

im a ford lover and supporter and i helped to fix it up when my uncle first got it, its part of the family.

Kryton · 03-01-2008, 04:03 PM

Quote:

Originally Posted by Casablanca

all charges are dropped thanks to the idiot lying to them otherwise if he had have been sober he might of come off on the better foot and i would be well and truly screwed. for the pure fact that i beat him that bad regardless of why.

well thats good to hear.
now for the important stuff

WHERE ARE THE PICS

:

Casablanca · 03-01-2008, 04:05 PM

mate ill try to find some of the car i wish i had have got pics of the bloke you guys woulda been shocked he was seriously messed up. ill see if i can find before and after pics of the car and post em up.