Car Accident - Page 2

MN wrote:

> Hi,
>
> Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> unitl a few weeks ago. Riding home at about 6.40 at night doing about 40 downhill on a main road
> (Prospect Rd Adelaide) a car pulled out of a side street straight into me. The middle of the cars
> bonnet slammed into my side with most of the damage to the rear wheel. Myself and the bike went
> flying over the bonnet flipped over and landed upside down on the road with the bike on top of me.
> Lukily I was wearing a backpack with my work clothes in it which cushioned the fall a little bit.
>

If I was you I'd go *directly* to the police. In ANY traffic accident where a person is injured, the
police must be notified. Australian Road Rules. Rule 287 part(3) The driver (or the driver’s
representative) must also give the driver’s required particulars, within the required time, to a
police officer if:
(a) anyone is killed or *injured* in the crash; or

Added to that, she has committed an offence by not giving way to traffic (you) from the right and
needs to be told so officially langage problems or not.

If you are not already a member sign up with a group like BISA http://www.bisa.asn.au/join.html They
offer: "...Benefits for Members
* FREE Third party insurance cover
* FREE initial legal advice on all cycling matters...." The insurance is not so helpful at the
moment but they will give RELEVANT advice on your legal options (not like some of the
opinions you'll get here)

Good luck. Zig

I have worked in public liability situations. Insurance companies are very fast to settle small
claims unless they think they really can win in court. What tends to happen is that if its a small
claim then they like to settle quickly to decrease the likelihood you will get someone in your ear
telling you that your back must really be sore and get a couple of Dr Nicks in on the game.

I would go that direction before consulting legal advice. If you are just in it for a fair amount
then I would do that. I expect you got yourself thouroughly checked out by your Doctor. You dont
want to be stuck with any future problems. You should do this before signing any waivers. Its a real
shame you didnt call the police.

Pete

"Peter" <spamfromnewsgroups@chatomatic.net> wrote in message
news:140920031753019855%spamfromnews...chatomatic.net...
> In article <3f6400a8_1@news.iprimus.com.au>, MN <mness23nospam@hotmail.com> wrote:
>
> > Thanks for the reply,
> >
> > The insurance company is AAMI. I was under the impression that the policy holder is the one that
> > needs to make the claim. They are refusing to contact the insurance company at all.

> No you can make a claim on their policy.

Wrong. You can certainly make a claim on them via their insurance company tho.

> > Also what happens if they give their he was riding on the footpath story to the insurance
> > company is it likely they will then just refuse the claim. If they did I assume suing the the
> > insurance company would be harder to win.

> If you sued them, they'd just bring in the insurers anyhow. Quite frankly with such a small cost,
> if you did sue, you'd most likely get a settlement considering the small costs.

And it makes more sense to use the small claims system if you can.

MN wrote:
>
> Hi,
>
> Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> unitl a few weeks ago. Riding home at about 6.40 at night doing about 40 downhill on a main road
> (Prospect Rd Adelaide) a car pulled out of a side street straight into me. The middle of the cars
> bonnet slammed into my side with most of the damage to the rear wheel. Myself and the bike went
> flying over the bonnet flipped over and landed upside down on the road with the bike on top of me.
> Lukily I was wearing a backpack with my work clothes in it which cushioned the fall a little bit.

Interesting that you don't tell the usual details - eg who had right of way?

>
> Anyway the lady that hit me was all apolagetic and even took me to the hospital where I needed 10
> stiches for a deep cut on my ankle. The next day she and her husband were around my house claiming
> they wanted to see if I was alright. However they were more interested in informing me that since
> I had no lights it was my fault and they wern't paying. They soon shut up when I showed them the
> bike with backlight still working and front light smashed from the accident. So they agreed to
> either pay or claim insurance depending on how much it would cost to fix the bike. I got a quote
> (about $500) for my bike and also my watch which has a crack in the face and took it to them
> today. The drivers husband claims when they reported the accident the police told him they were
> not liable and he should do nothing ie not pay me or contact their insurance company. The reason
> for this is that he now claims I was riding on the footpath. This is obviously not true
> considering the speed I was travelling and the distance I ride everyday. Also how could the driver
> know if one minute she claims I had no lights and she didn't see me but now claims she did see me
> on the footpath.
>
> Anyway I was wandering what I should do now or if anyone has any expeience in a similar situation
> (and what my chances are if I have to sue her). I estimate the damage to the car at around
> $500-$1000. The driver was the only occupant of the car and does have comprehesive insurance.
> However she can barely speak english so ive been mostly speaking to her husband who's english is
> only slightly better.

I would take it to a Small Claims Court. Let them deal with the insurance company. The insurance
company can claim a right to have the case subrogated to them - being the insurers. They may defend
the case on behalf of their client - however first before they can do so they HAVE to admit
liability and merely argue quantum. If they DON'T admit liability they have no business in the case
at all. You need to seek reimbursement for any out of pocket medical costs, loss of wages, and
something for pain and suffering I would think, as well as for the repair of the bike.

The cost is $60 to lodge a Civil (Small Claim) Action. This has to be in a Court closest to where
the accident occurred - the Magistrates Court in the City in this case.

The likelihood of success..... who knows, you haven't said if you had to give way or not. That said,
you managing to get in front of the car before being hit lends weight to you "being in the right" -
this doesn't mean 100% right. It will be a major or minor % of the total, that depends on the day
and exactly what happened.

--
SIR - Philosopher unauthorised
-----------------------------------------------------------------
The one who is educated from the wrong books is not educated, he is misled.
-----------------------------------------------------------------

I was hit earlier in the year......similar situation but I was only doing about 35 km/h and it was
the middle of the day. I ended up with big bruise on my calf where the car's bumper hit me, a bigger
bruise on my bum where I hit the road, and a slightly sore neck and back. I didn't report it to the
police (wasn't aware that I had to ) as the guy was pretty cool about it and immediately signed a
statement admitting that it was entirely his fault and that he would pay any damages. He paid for my
bike to get fixed and a new helmet (head hit the ground pretty hard) and I was pretty happy to let
it go at that. My bruises and the soreness in my back and neck were all gone within a couple of
weeks (I probably have had worse playing footy)

I have since had a few mates tell me that I should have just layed on the road and faked an injury
to my back/neck so that I could have then subsequently sued the guy. Although it might sound like a
quick and easy way to a payout, I was pretty glad that I didn't pursue that path because apart from
being dishonest, I would hate to be one of these guys who ends up on A Current Affair or something
when a truck drives past my house and "accidently" drops a bag of cement which I then throw on my
shoulder and put in the shed. I told these guys that it was a bull**** attitude to take but I think
that it is one that is prevalent in todays society (These guys also reckon that if they were waiting
to cross the road when that accident happened on Hoddle St (two trams and a bus collided), they
would have run to get on one of the vehicles so that they could then have gotten off holding their
necks..............

I am not suggesting that MN is just looking for easy money (appears he was only after money for bike
and watch repairs), but it is my opinion that if he is after compensation for injuries, that the
amount should be commensurate with the extent of the injuries. I am pretty well against these
"legalOs" who work on a "No win, no fee" basis as I believe they convince the victims of accidents
to claim for more than is necessary and fair. (When I was in Canberra there were some pretty dodgy
looking advertisments for this type of legal representation).

Anyway, I'll get off the soapbox now.

Gags

"John Doe" <no_pdrinan_spam@hotmail.com> wrote in message
news:H1Y8b.101430$bo1.86353@news-server.bigpond.net.au...
> I have worked in public liability situations. Insurance companies are
very
> fast to settle small claims unless they think they really can win in
court.
> What tends to happen is that if its a small claim then they like to settle quickly to decrease the
> likelihood you will get someone in your ear
telling
> you that your back must really be sore and get a couple of Dr Nicks in on the game.
>
> I would go that direction before consulting legal advice. If you are just in it for a fair amount
> then I would do that. I expect you got yourself thouroughly checked out by your Doctor. You dont
> want to be stuck with
any
> future problems. You should do this before signing any waivers. Its a
real
> shame you didnt call the police.
>
> Pete

Peter wrote:
>
> In article <3f6400a8_1@news.iprimus.com.au>, MN <mness23nospam@hotmail.com> wrote:
>
> > Thanks for the reply,
> >
> > The insurance company is AAMI. I was under the impression that the policy holder is the one that
> > needs to make the claim. They are refusing to contact the insurance company at all.
>
> No you can make a claim on their policy.
>
> >
> > Also what happens if they give their he was riding on the footpath story to the insurance
> > company is it likely they will then just refuse the claim. If they did I assume suing the the
> > insurance company would be harder to win.
>
> If you sued them, they'd just bring in the insurers anyhow. Quite frankly with such a small cost,
> if you did sue, you'd most likely get a settlement considering the small costs.

Don't bet on it! Just finished suing Yellow Cabs in Adelaide on behalf of my son (who was rear ended
while stationary). They initially agreed, then refused to pay full amount of repair (on instruction
from the purported insurance Co no doubt) - a portion being the muffler replacement cost. The
difference was $234 total between the offer and amount sought. They lost.....

--
SIR - Philosopher unauthorised
-----------------------------------------------------------------
The one who is educated from the wrong books is not educated, he is misled.
-----------------------------------------------------------------

"Seppo Renfors" <Renfors@not.ollis.com.au> wrote in message
news:3F645FB0.C71DDD7A@not.ollis.com.au...

> I would take it to a Small Claims Court. Let them deal with the insurance company. The insurance
> company can claim a right to have the case subrogated to them - being the insurers.

** That is not subrogation.

> They may defend the case on behalf of their client - however first before
they can do so they
> HAVE to admit liability and merely argue quantum.

** What rot.

The insurers are obliged by the policy to defend the insured - or else deny the policy for
some reason.

> If they DON'T admit liability they have no business in the case at all.

** See above.

........... Phil

You did report the crash to the police? Any witnesses? (not that having witnesses is any help
at times...)

Start a log of everything that has happend. Write in it when you call/speak with
police/motorist/doctors etc. Anything to do with the crash. You _will_ need this if there is any
problems - like court cases. Note down what is said.

Don't rely on the cops helping. They will have their own log and be sure that what they tell you and
what they record in theirs can be different.

good luck.

"MN" <mness23nospam@hotmail.com> wrote in message news:<3f63f5fe$1_1@news.iprimus.com.au>...
> Hi,
>
> Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> unitl a few weeks ago. Riding home at about 6.40 at night doing about 40 downhill on a main road
> (Prospect Rd Adelaide) a car pulled out of a side street straight into me. The middle of the cars
> bonnet slammed into my side with most of the damage to the rear wheel. Myself and the bike went
> flying over the bonnet flipped over and landed upside down on the road with the bike on top of me.
> Lukily I was wearing a backpack with my work clothes in it which cushioned the fall a little bit.
>
> Anyway the lady that hit me was all apolagetic and even took me to the hospital where I needed 10
> stiches for a deep cut on my ankle. The next day she and her husband were around my house claiming
> they wanted to see if I was alright. However they were more interested in informing me that since
> I had no lights it was my fault and they wern't paying. They soon shut up when I showed them the
> bike with backlight still working and front light smashed from the accident. So they agreed to
> either pay or claim insurance depending on how much it would cost to fix the bike. I got a quote
> (about $500) for my bike and also my watch which has a crack in the face and took it to them
> today. The drivers husband claims when they reported the accident the police told him they were
> not liable and he should do nothing ie not pay me or contact their insurance company. The reason
> for this is that he now claims I was riding on the footpath. This is obviously not true
> considering the speed I was travelling and the distance I ride everyday. Also how could the driver
> know if one minute she claims I had no lights and she didn't see me but now claims she did see me
> on the footpath.
>
> Anyway I was wandering what I should do now or if anyone has any expeience in a similar situation
> (and what my chances are if I have to sue her). I estimate the damage to the car at around
> $500-$1000. The driver was the only occupant of the car and does have comprehesive insurance.
> However she can barely speak english so ive been mostly speaking to her husband who's english is
> only slightly better.
>
> -M.N

Greetings, Been there done that. Twice, in 1995 and again in 2002. Sue the bastard, get a solicitor
and threaten to take them to court. I've heard that `Oh, I didn't see you' crap too often, the last
moron who flattened me said exactly the same thing. Good luck with the court case. Ray.

MN wrote:

>Hi,
>
>Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance unitl
>a few weeks ago. Riding home at about 6.40 at night doing about 40 downhill on a main road
>(Prospect Rd Adelaide) a car pulled out of a side street straight into me. The middle of the cars
>bonnet slammed into my side with most of the damage to the rear wheel. Myself and the bike went
>flying over the bonnet flipped over and landed upside down on the road with the bike on top of me.
>Lukily I was wearing a backpack with my work clothes in it which cushioned the fall a little bit.
>
>Anyway the lady that hit me was all apolagetic and even took me to the hospital where I needed 10
>stiches for a deep cut on my ankle. The next day she and her husband were around my house claiming
>they wanted to see if I was alright. However they were more interested in informing me that since I
>had no lights it was my fault and they wern't paying. They soon shut up when I showed them the bike
>with backlight still working and front light smashed from the accident. So they agreed to either
>pay or claim insurance depending on how much it would cost to fix the bike. I got a quote (about
>$500) for my bike and also my watch which has a crack in the face and took it to them today. The
>drivers husband claims when they reported the accident the police told him they were not liable and
>he should do nothing ie not pay me or contact their insurance company. The reason for this is that
>he now claims I was riding on the footpath. This is obviously not true considering the speed I was
>travelling and the distance I ride everyday. Also how could the driver know if one minute she
>claims I had no lights and she didn't see me but now claims she did see me on the footpath.
>
>Anyway I was wandering what I should do now or if anyone has any expeience in a similar situation
>(and what my chances are if I have to sue her). I estimate the damage to the car at around
>$500-$1000. The driver was the only occupant of the car and does have comprehesive insurance.
>However she can barely speak english so ive been mostly speaking to her husband who's english is
>only slightly better.
>
>-M.N

If you were hit on the way home from work then you will be covered for your injuries by workers
compensation. Tell your employer, who should inform his insurer. That way you can get your ankle
checked out properly and get physiotherapy if required. You only get one body, so you should look
after it properly. You may have to settle for bike damages separately, but you should tell compo
before you commence any legal action on your own.

- Mark

I had a similar experiance on my motorbike about 12 months ago.

I know you don't wanna hear this, but you should have called the police (and ambulance). You had
just been in a car accident, bare skin VS car. You were injured, possibly badly. If you are taken
away by ambulance, the police will almost always press charges. Generally it will be a Neg driving
charge against whoever was at fault. At the very least, it means that you have written evidence of
what happened.

Now...what can you do?

Some people are suggesting claiming on their policy. You may be able to do this, but not all
insurance companies will allow you to. NRMA won't. They insist its a privacy thing. Give this a go.
Make sure you have everything in writing.

Secondly, write to the person with a letter of demand. Give them a chance to view the damage. Give
them 10 days to pay up, or you will take it to court.

Generally at this point they have a choice of calling your bluff, going to court alone, or going to
their insurance company. Make the letter official, and generally people will pass it on to their
insurance company.

If they pass it on to the insurance company, you only need to convince the insrance company they
were at fault.

In my case, the driver refused to admit liability, and refused to inform NRMA. I sent him a letter
of demand with description of accident, copy of police report, and quotes for repairs. He passed it
on to NRMA. NRMA paid without question. The lady at NRMA did say he wanted them to represent him in
court, but they refused to.

After 10 days, consider sending another letter of demand (to show you are resonable), and then make
a claim in small claims court. That will cost $100 or so, and they will be served. At this point
they will pass it on to their insurance company.

Good luck.

Mike

MN wrote:
> Hi,
>
> Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> unitl a few weeks ago. Riding home at about 6.40 at night doing about 40 downhill on a main road
> (Prospect Rd Adelaide) a car pulled out of a side street straight into me. The middle of the cars
> bonnet slammed into my side with most of the damage to the rear wheel. Myself and the bike went
> flying over the bonnet flipped over and landed upside down on the road with the bike on top of me.
> Lukily I was wearing a backpack with my work clothes in it which cushioned the fall a little bit.
>
> Anyway the lady that hit me was all apolagetic and even took me to the hospital where I needed 10
> stiches for a deep cut on my ankle. The next day she and her husband were around my house claiming
> they wanted to see if I was alright. However they were more interested in informing me that since
> I had no lights it was my fault and they wern't paying. They soon shut up when I showed them the
> bike with backlight still working and front light smashed from the accident. So they agreed to
> either pay or claim insurance depending on how much it would cost to fix the bike. I got a quote
> (about $500) for my bike and also my watch which has a crack in the face and took it to them
> today. The drivers husband claims when they reported the accident the police told him they were
> not liable and he should do nothing ie not pay me or contact their insurance company. The reason
> for this is that he now claims I was riding on the footpath. This is obviously not true
> considering the speed I was travelling and the distance I ride everyday. Also how could the driver
> know if one minute she claims I had no lights and she didn't see me but now claims she did see me
> on the footpath.
>
> Anyway I was wandering what I should do now or if anyone has any expeience in a similar situation
> (and what my chances are if I have to sue her). I estimate the damage to the car at around
> $500-$1000. The driver was the only occupant of the car and does have comprehesive insurance.
> However she can barely speak english so ive been mostly speaking to her husband who's english is
> only slightly better.
>
> -M.N

Septic Renfors <Renfors@not.ollis.com.au> wrote in message
news:3F645FB0.C71DDD7A@not.ollis.com.au...
> MN wrote

>> Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
>> unitl a few weeks ago. Riding home at about 6.40 at night doing about 40 downhill on a main road
>> (Prospect Rd Adelaide) a car pulled out of a side street straight into me. The middle of the
>> cars bonnet slammed into my side with most of the damage to the rear wheel. Myself and the bike
>> went flying over the bonnet flipped over and landed upside down on the road with the bike on top
>> of me. Lukily I was wearing a backpack with my work clothes in it which cushioned the fall a
>> little bit.

> Interesting that you don't tell the usual details - eg who had right of way?

Too obvious to need mentioning.

No wonder that senior judge took such a spectacular dump on you for our endless amusement.

>> Anyway the lady that hit me was all apolagetic and even took me to the hospital where I needed 10
>> stiches for a deep cut on my ankle. The next day she and her husband were around my house
>> claiming they wanted to see if I was alright. However they were more interested in informing me
>> that since I had no lights it was my fault and they wern't paying. They soon shut up when I
>> showed them the bike with backlight still working and front light smashed from the accident. So
>> they agreed to either pay or claim insurance depending on how much it would cost to fix the bike.
>> I got a quote (about $500) for my bike and also my watch which has a crack in the face and took
>> it to them today. The drivers husband claims when they reported the accident the police told him
>> they were not liable and he should do nothing ie not pay me or contact their insurance company.
>> The reason for this is that he now claims I was riding on the footpath. This is obviously not
>> true considering the speed I was travelling and the distance I ride everyday. Also how could the
>> driver know if one minute she claims I had no lights and she didn't see me but now claims she did
>> see me on the footpath.

>> Anyway I was wandering what I should do now or if anyone has any expeience in a similar situation
>> (and what my chances are if I have to sue her). I estimate the damage to the car at around
>> $500-$1000. The driver was the only occupant of the car and does have comprehesive insurance.
>> However she can barely speak english so ive been mostly speaking to her husband who's english is
>> only slightly better.

> I would take it to a Small Claims Court. Let them deal with the insurance company.

They wont bother with the insurance company, only with the wogs.

> The insurance company can claim a right to have the case subrogated to them - being the insurers.

Wrong. As always.

> They may defend the case on behalf of their client - however first before they can do so they HAVE
> to admit liability and merely argue quantum. If they DON'T admit liability they have no business
> in the case at all.

> You need to seek reimbursement for any out of pocket medical costs, loss of wages, and something
> for pain and suffering I would think, as well as for the repair of the bike.

Dont need to if you dont think that is reasonable.

> The cost is $60 to lodge a Civil (Small Claim) Action. This has to be in a Court closest to where
> the accident occurred - the Magistrates Court in the City in this case.

> The likelihood of success..... who knows, you haven't said if you had to give way or not.

Too obvious to need mentioning.

No wonder that senior judge took such a spectacular dump on you for our endless amusement.

> That said, you managing to get in front of the car before being hit lends weight to you "being in
> the right" - this doesn't mean 100% right.

Wrong. As always with the situation being discussed.

> It will be a major or minor % of the total, that depends on the day and exactly what happened.

"Gags" <drgagnon@nospam_ozemail.com.au> wrote in message
news:<W7Z8b.2813$vQ1.142812@nnrp1.ozemail.com.au>...
>[snip]

>
> I have since had a few mates tell me that I should have just layed on the road and faked an injury
> to my back/neck so that I could have then subsequently sued the guy.

In Victoria, you can't sue a motorist, you sue the TAC, as the driver is covered by TAC insurance,
and those guys have lawyers coming out of their ass. You don't want to play funny buggas with them,
'cos in my experience, they'll nail you.

I am not sure what the situation is in other states. I think you've done the right thing (except for
going to the cops, ALWAYS go to the police). Thank God/Buddah/etc that your OK.

these "legalOs" who work on a "No win, no fee" basis as I believe they
: convince the victims of accidents to claim for more than is necessary and fair.

The dodgys are everywhere. I was certainly not giving him an opinion that he should do anything
dodgy but I was hit by a truck (albeit low speed but I was bruised and scratched up). I went
straight away and got a medical. It was all clear so I only claimed for damage to the bike. What I
was saying is that he definitely should get a medical because he may have some problem that may cost
him thousands in the future. I also HATE HATE HATE those dishonest solicitors and people that scam
money for nothing.

Peter

In article <3f6437ec$0$23610$5a62ac22@freenews.iinet.net.au>, Sambo <sambo@nospam.com.uk> wrote:
> > No you can make a claim on their policy.
>
> Wrong. You can certainly make a claim on them via their insurance company tho.
>

Rodbot.. if you're going to tell me I'm wrong then perhaps you can actually state why instead of
agreeing with me in your next sentence. Or are you just used to telling people they're wrong, like a
reflex action???