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Thread: Court case for overloaded caravan

  1. #1
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    Court case for overloaded caravan

    Is this the most significant court case relating to caravanners in Australia, ever? - RV DAILY

    Unfortunately the authorities are resource poor which means itís all re-active I.e. after the event.....lucky for most out there

    if the setup in the article was within limits would it have changed the outcome? I guessing he may not be in-front today the magistrate

    When was the last time you were over a weighbridge?
    Last edited by p38arover; 26th June 2019 at 11:52 AM.

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    Homestar's Avatar
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    Interesting.

    There are a lot of people out there well over, most of those would say they donít know they are, but that wonít wash. I do know Iím legal in all departments when towing my van, there are now public weighbridges everywhere in Vic free to use 24/7 on every major freeway so at least down here thereís no excuse not to know.


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    wow,, imagine van builders having to get a PUBLIC weighbridge ticket before selling a van,,
    bring it on...
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    Court case for overloaded caravan

    When re registering a van in Vic a weigh bridge certificate is required for Vicroads. Would be interesting to see the uproar if it was for all van sales. Court case for overloaded caravan

    I don't think there's a new van sold that is at or under the claimed tare weight. They should have to provide proof of this. Court case for overloaded caravan


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    If you have a crash whilst illegally laden and kill or maim someone your insurers wash their hands of you. You could lose everything you own to pay legals and damages. You could end up sharing showers with rough tattooed men for a few years.
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    Yes, we like to ignore the legalities and think it won't happen to us - and then complain when it does.
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    I had a chat to a helpful SA Police officer at a caravan show about this.

    He is personally involved with two cases of crashes caused by being over weight.

    In both cases the compulsory third party insurer has pulled out due to being unroadworthy. Both have gone to civil court case just for medical bills, one is for $1,000,000 and the other $1,200,000.

    Not sure about you guys but I couldn't afford that.

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    Remembering though that under Australian law that third party insurance like TAC or its interstate equivalent is a no fault system as still covers people injured while in any automobile in any condition and if you sue for medical expenses of say $1,000,000, then all financial records for this are taken into consideration. Say Medicare covered $700,000 through standard Hospital stay and surgery and the TAC payout (or equivalent) would have been $300,000 then no further costs would be awarded apart from court costs.

    Exactly this was discussed by a Lawyer on the radio last week and a claim of over $200,000 against a driver after these things were taken into account came to $10,000. Still not somewhere Iíd want to be, and certainly not condoning illegal behaviour but just saying the figures donít pan out quite like it shows. This isnít America (Yet).


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    Just a note of warning to all.

    If you want to discuss the case mentioned in the OP, be very careful. One wouldn't want to have the courts declaring a mis-trial over comments made on social media as has happened in the past. I suspect the forum might be classed as social media. See also Former detainee Dylan Voller gets court win against media giants over Facebook comments - ABC News (Australian Broadcasting Corporation)
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  10. #10
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    Quote Originally Posted by Homestar View Post
    Remembering though that under Australian law that third party insurance like TAC or its interstate equivalent is a no fault system as still covers people injured while in any automobile in any condition and if you sue for medical expenses of say $1,000,000, then all financial records for this are taken into consideration. Say Medicare covered $700,000 through standard Hospital stay and surgery and the TAC payout (or equivalent) would have been $300,000 then no further costs would be awarded apart from court costs.

    Exactly this was discussed by a Lawyer on the radio last week and a claim of over $200,000 against a driver after these things were taken into account came to $10,000. Still not somewhere Iíd want to be, and certainly not condoning illegal behaviour but just saying the figures donít pan out quite like it shows. This isnít America (Yet).
    Centrelink has a Compensation Recovery Section that does just that. If you were receiving Centrelink payments during the period then Comp Recovery claim it back and being Commonwealth they are first in the queue. After Centrelink, lawyers, hospitals etc. often there is not much left from a large lump sum compensation. Then the Centrelink regional office will ask what you have done with the balance and assess the income from it if you are receiving a Centrelink payment.
    URSUSMAJOR

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