Quote:
Originally Posted by Richard buttocks
ok im going to weigh in on this now
i deal with insurance claims everyday
the assessors that come to work dont even care if the vehicle has bald tyres
the shit still gets fixed
a good friend of mine was driving his hilux down the street (lifted, 33's, NO front bar, NOT engineered) and a child stepped out from the parked cars and under the side of the hilux, kid was hit by the back wheel and killed on the spot.
now some may remember this as it was on the front page of many nsw papers and the blame was on modified 4wd owners
the cops had his hilux for ages and it was deemed that it wasnt his fault
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I have driven modified cars with no cert, and my mates panelshop works hand-in-glove with the assesors too.
with your mate, criminal law DOES require (defined) proof, unless it was wet, bald tyres stop good, and they must have decided nothing he could have done, so no reasonable prospect of conviction.
I know of another case where the owner was jailed, as his vehicle had defective brakes and tyres (and a death occurred)
Thats different to commercial law...if ANYONE can show wording of their Insurance policy that DOESNT have a null & void paragraph, I will eat a girls frilly knickers.
If the damage bill is $200k, the insurance co will decline and see you in court