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Car clipped a kids skateboard while J-walking - Click HERE for Original Thread

Spoon
K i need to know whos fault it is if a car is driving and then out of no where a kids comes flying off the side walk on his skateboard. not even on a cross walk and the car clips the end of his board.

gfk.
so you ran over his skateboard driving by, because it flew out at you? or you hit a kid, if you hit his skateboard why did you even stop for that shit.

mr_sars
quote:
Originally posted by gfk.
so you ran over his skateboard driving by, because it flew out at you? or you hit a kid, if you hit his skateboard why did you even stop for that shit.


:) Let me know when you have kids because I'll be sure to clip their skateboard and drive away like a douchebag.

Prudz_lude
If you hit a kid on a skateboard you are completely at fault. This was in the news a few months back, maybe even a year. Skateboarders were legally given the wrights of a padestrian. Since they cannot keep up to the normal speed of traffic and cannot legally ride on the road they were officially given pedestrian status. If you hit a kid on his skateboard and hurt him start praying that his parents don't threaten to sue because there is a chance you are not going to be driving for much longer.

STiPWR
I remember riding into the street after grinding/board sliding handrails when i was younger.

You get moving pretty quick, and I dont think its possible to avoid running over a board or hitting the skater at the speeds they are traveling, especially if they just fly out into the street.

It would probably be a court case IMO.


Was there witnesses?



Here's an example...

Could you avoid this?

dtjohnst
quote:
Originally posted by Spoon
K i need to know whos fault it is if a car is driving and then out of no where a kids comes flying off the side walk on his skateboard. not even on a cross walk and the car clips the end of his board.


If there was absolutely no way you could avoid hitting him, he's at fault. You'll need several witnesses to attest to that fact in court though.

TrevorK
quote:
Originally posted by Prudz_lude
If you hit a kid on a skateboard you are completely at fault. This was in the news a few months back, maybe even a year. Skateboarders were legally given the wrights of a padestrian. Since they cannot keep up to the normal speed of traffic and cannot legally ride on the road they were officially given pedestrian status. If you hit a kid on his skateboard and hurt him start praying that his parents don't threaten to sue because there is a chance you are not going to be driving for much longer.


The OP most likely does not have anything to worry about, other than increase in insurance.

Many pedestrians get hit when crossing the street illegally and the driver is not criminally charged with anything. They may receive tickets relating to infractions with the HTA, however they do not receive enough to lose their license.


As for suing, the insurance company will take care of that. I highly doubt that a kid who was "clipped" on his skateboard will reach the maximum liability limit of any policy.

Prudz_lude
quote:
Originally posted by STiPWR
I remember riding into the street after grinding/board sliding handrails when i was younger.

You get moving pretty quick, and I dont think its possible to avoid running over a board or hitting the skater at the speeds they are traveling, especially if they just fly out into the street.

It would probably be a court case IMO.


Was there witnesses?



Here's an example...

Could you avoid this?



hahaha yah i did that exact thing 4 years ago when i was hardcore into skating. Flew out of a drive way over a grass gap and the mirror of a car clipped me. I was fine but the driver was freaking out and thought i was dead. Felt sorry for the guy, he had a look on his face like his life was about to end.

Inzane
quote:
Originally posted by Spoon
and the car clips the end of his board.


And you only managed to clip it?

Back up and take another run at it. :lol:

Prudz_lude
quote:
Originally posted by TrevorK
The OP most likely does not have anything to worry about, other than increase in insurance.

Many pedestrians get hit when crossing the street illegally and the driver is not criminally charged with anything. They may receive tickets relating to infractions with the HTA, however they do not receive enough to lose their license.


As for suing, the insurance company will take care of that. I highly doubt that a kid who was "clipped" on his skateboard will reach the maximum liability limit of any policy.



Yah but the thing is he never gave enough info. Was the kid crossing illegally or was it at a legal street corner. Every corner to corner is considered a crosswalk marked or not.

If he flew out onto the street like in the video than it would be the skaters fault not his. If he just hit the kid and he was on a board crossing the street and regular speeds than odds are his insurance is going to fly through the roof.

I said hope the kids parents don't sue because, yes insurance is the one being sued, but honestly, once your insurance is sued for something like that you will not be driving for a very very very long time because no company in the right mind would touch you.

SilviaDrifter
quote:
Originally posted by Inzane
And you only managed to clip it?

Back up and take another run at it. :lol:



hahahahah

TrevorK
quote:
Originally posted by Prudz_lude
If he flew out onto the street like in the video than it would be the skaters fault not his. If he just hit the kid and he was on a board crossing the street and regular speeds than odds are his insurance is going to fly through the roof.

I said hope the kids parents don't sue because, yes insurance is the one being sued, but honestly, once your insurance is sued for something like that you will not be driving for a very very very long time because no company in the right mind would touch you.



PLPD is regulated by the government and the rate you pay is no affected by the amount of a previous claim (It is just affected if there is a claim).

As for collision, as far as the insurance company is concerned, a claim is a claim. It doesn't matter that you get sued for $100,000 or $10,000, your insurance will go up according to the insurance company's internal policy.

If you hit a BMW does your insurance go up more than if you hit a Tempo? Of course not.

SilviaDrifter
quote:
Originally posted by TrevorK
If you hit a BMW does your insurance go up more than if you hit a Tempo? Of course not.



depends if u have to fix a 65,000 BMW compared to a 6,500 tempo.....

Spoon
nothin happened to the kid. he wasnt at a corner it was just right off the side walk. he said he just wants a 150 bucks to fix his trucks and then we will just forget about it.

Prudz_lude
quote:
Originally posted by TrevorK
PLPD is regulated by the government and the rate you pay is no affected by the amount of a previous claim (It is just affected if there is a claim).

As for collision, as far as the insurance company is concerned, a claim is a claim. It doesn't matter that you get sued for $100,000 or $10,000, your insurance will go up according to the insurance company's internal policy.

If you hit a BMW does your insurance go up more than if you hit a Tempo? Of course not.



IS that a joke? I don't know if your serious? Last time i checked when you make a claim your rates go up based on how serious of an accident it was. Are you saying i can run a kid over and injure him and it will be the same as a small 500 dollar fender bender?

That is honestly rediculous. Your rates vary based on the the circumstances of the claim. Your insurance would not be pleased paying 15 grand to fix a 60,000 dollar car. Paying 2 grand for a 10,000 dollar car is something else.

Example i have a few friends who have been in multiple accidents. one has more accidents with minimal amounts claimed through insurance. The other a huge claim but only one. the friend with one hit is paying more than the first friend two fold. They are the same age, same license.

That may be the case with speeding tickets, but i would never go as far as saying a 15,000 dollar claim is the same as a 1000 dollar claim in the eyes of insurance. And i would never go as far as saying hitting a kid and injuring him severly will be the same as hitting a kid and paying a very small hospital bill. This example relates more to what you were talking about.

Prudz_lude
quote:
Originally posted by Spoon
nothin happened to the kid. he wasnt at a corner it was just right off the side walk. he said he just wants a 150 bucks to fix his trucks and then we will just forget about it.


? he road of the sidewalk? where? the middle of a busy road? i used to do that to j-walk while skateboarding but only when traffic was far away. Go more in depth. if he got hit i would still just give the kid money to fix his trucks. its better than a hit on your insurance for clipping a kid fault or no fault.

Also tell the kid to fuck off if he wants 150 bucks for trucks. tell that motherfucker that trucks cost 80 dollars. 150 could get him trucks, bearings, and wheels. The only way i would give 150 is if the board was broken and i broke the bearings. I have had many a board run over by cars and they actually haven't broken even after a car runs them over. They flex like stretch arm strongs. I have never seen a trucks get crushed from a car either. some friends and I ran one over repeatedly and it did not break them. Hell we didn't even need new bushings.

DivineRight
Actually, just because a person is a pedestrian does not mean they own the roads. If this kid flew out of nowhere and on to the road and you had no way of avoiding him then he would be at fault even if there were injuries. Heck, it might even qualify him for pedestrian stunting which is over 400 bucks.

Spoon
yea i just dont wanna go through insurance.i will pay the kid and if he sues me after that i will break his leg. i think i should be alright

Prudz_lude
quote:
Originally posted by DivineRight
Actually, just because a person is a pedestrian does not mean they own the roads. If this kid flew out of nowhere and on to the road and you had no way of avoiding him then he would be at fault even if there were injuries. Heck, it might even qualify him for pedestrian stunting which is over 400 bucks.


where did i say he can fly out from the road and not be at fault? i said if he is going from corner to corner or is in a marked crosswalk. I never said fly out and Spoon clarified that he did just fly out of the sidewalk.

If he hit the kid and the kid says just pay for the damaged board its better than having insurance talk about Spoon hitting some kid while he was on his board. if his board flew into the road and the kid was not touched don't pay the kid anything. It was his neglagence that allowed his board to get on the road in the first place.

Prudz_lude
quote:
Originally posted by Spoon
yea i just dont wanna go through insurance.i will pay the kid and if he sues me after that i will break his leg. i think i should be alright


Ask to see his board. Take some pictures lol and upload them in this thread. I will tell you if he grinded the shit out of the trucks and is just looking to get something out of it. If you really did damage his board and it can't be used he wouldn't be using it at the moment. Also if the trucks are just wobbly tell him you will buy the 10 dollar bushings for him. If he says they snapped check if its the king pin. Those are 10 dollars. Some shops just give them away for free, some 5 dollars. If the kid is know its typically free. Either way unless the actual hanger is snapped don't give the kid more than 20 bucks lol. but upload the picture before you pay the kid off so i can tell you what to give him. ahhahahahahaha i am an ex skater and i am an asshole to them BAHHAHAHAHAHAHAHhA

Spoon
well the kid told his mommy she said she wants to charge me with wreckless driving and hit and run.i will ask to see his trucks

gfk.
charge them for sucking at skating and falling like fgts, i dont see how if a skateboard comes off the side walk and gets hit by a car is at all your fault, what were they skating like stairs of some shit? was he riding down the road?

dtjohnst
quote:
Originally posted by Spoon
well the kid told his mommy she said she wants to charge me with wreckless driving and hit and run.i will ask to see his trucks


Fuck that, they aren't suing you for damaging his skateboard, so seeing his trucks prove nothing. Parents are pissy because they think their kids do no harm. If he's old enough to play in the streets unsupervised, he's old enough to fight his own fights. Otherwise she should've been out watching him.

Did you stop when you clipped him? If you did, it's not hit and run.

TrevorK
quote:
Originally posted by Prudz_lude
IS that a joke? I don't know if your serious?


http://www.autoinsurance.gov.ab.ca/
http://www.airb.gov.ab.ca/

I would advise reading through these two sites. They will outline how the government calculates what the maximum the insurance company is allowed to charge for PLPD.

There is no variance for dollar amounts in an accident; every accident is treated the same (Hence the reason so many people do not want to deal with parking lot accidents through insurance).

This clearly illustrates how the PLPD portion is unaffected by the amount of the claim. By law you can not be charged more than the grid maximum for PLPD (Which the government regulates), hence you are not penalized for the severity of the accident in terms of PLPD coverage.

TrevorK
quote:
Originally posted by Spoon
yea i just dont wanna go through insurance.i will pay the kid and if he sues me after that i will break his leg. i think i should be alright


When you are paying someone out for a personal injury claim out of your pocket you need to make sure that they sign a release stating that they will not pursue any further damages to this incident.

If you do not, the kid could come back in a year and dispute you even paid him, or the severity of the injury.


Further, if you are dealing with a minor make sure that any deal you make is with the parents, as I don't think the child is allowed to make these sort of deals (And I assume the parents can make claims on the child's behalf if they are unsatisified with what the child has worked out).

dtjohnst
quote:
Originally posted by Prudz_lude
Ask to see his board. Take some pictures lol and upload them in this thread. I will tell you if he grinded the shit out of the trucks and is just looking to get something out of it. If you really did damage his board and it can't be used he wouldn't be using it at the moment. Also if the trucks are just wobbly tell him you will buy the 10 dollar bushings for him. If he says they snapped check if its the king pin. Those are 10 dollars. Some shops just give them away for free, some 5 dollars. If the kid is know its typically free. Either way unless the actual hanger is snapped don't give the kid more than 20 bucks lol. but upload the picture before you pay the kid off so i can tell you what to give him. ahhahahahahaha i am an ex skater and i am an asshole to them BAHHAHAHAHAHAHAHhA


wtf. So people only sue when their shit is broken? What if his stuff is in perfect shape? This sounds like a HUGE waste of time to me.

dtjohnst
quote:
Originally posted by TrevorK
When you are paying someone out for a personal injury claim out of your pocket you need to make sure that they sign a release stating that they will not pursue any further damages to this incident.

If you do not, the kid could come back in a year and dispute you even paid him, or the severity of the injury.


Further, if you are dealing with a minor make sure that any deal you make is with the parents, as I don't think the child is allowed to make these sort of deals (And I assume the parents can make claims on the child's behalf if they are unsatisified with what the child has worked out).



Anything a minor signs is null and void without a parent/guardian signature as well. A parent/guardian signature does not require the dependant's signature, but I'd strongly recommend it so he can't come after you later.

Spoon
yea im just pissed off at this kid and his long board.thanks for all this advice

Prudz_lude
:)

Fazda
quote:
Originally posted by SilviaDrifter
depends if u have to fix a 65,000 BMW compared to a 6,500 tempo.....



6500? for a tempo lol.. it better be plated in gold for that price.

red88.n/a.rx
quote:
Originally posted by Fazda
6500? for a tempo lol.. it better be plated in gold for that price.


ahaha I read through this thread to see if anyone commented on that.

I was gonna say what kind of tempo are you paying 6500 for I dont even think they were that much brand new.

GOT BOOST
quote:
Originally posted by Inzane
And you only managed to clip it?

Back up and take another run at it. :lol:



Hey Inzane,

I was thinking the same thing! :D

I thought they were 100 points on a skateboard, 200 on skateboard and no helmet, 500 if they jump out in front of traffic with out looking. :D

Either way, I would tell him and his mom where to stick it and to prove that I did the damage, and the damage was not pre-existing.

Afterall, no witnesses, no damage to his person, it is his word against mine. I think the courts would tend to favour the guy in with a nice suit, polished shoes, than some wanna be skater punk with a mouth and a bad hair cut.

But then again, maybe that's just me! :D

Mike

rythex
I would tell the kid to go fuck himself, if he went into the street nowhere near a cross walk that's his fault.

Realistic
I agree with Mike. Take it to the Courts. Or you could sue him for emotional and psychological distress. Lol


150 for trucks? Pay it, then take the old trucks, put them on a board and truck fuck him.
ludes knows what i'm talking about:thumbup:

Prudz_lude
ROFL:lol: the good old truck fuck. On of my friends from NG truck fucked some wanna be gangsta while we were skating once. needless to say the guy went down in a second and i am pretty sure he went to the hospital afterwards :lol:

150 for trucks like i said is retarded. They cost 80 for the best ones.

bryce.f
quote:
Originally posted by Spoon
nothin happened to the kid. he wasnt at a corner it was just right off the side walk. he said he just wants a 150 bucks to fix his trucks and then we will just forget about it.


best trucks you can buy are 65$ for both of em. a good deck is 80$, wheels 45$ bearings 30$ thats a full set up.




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