Car Accident

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 the driver was at fault, then you should obviously stand your ground and insist on compensation. I assume you have all their details - name, address, registration no., etc? You should also report the accident to the police separately, and give your side of the story. Go to the same police station if you can and make sure the driver and her husband know you have done so. Put a copy of the quote in a letter to them demanding payment of a specific sum and let them know that if you don't receive payment within 7 days you reserve the right to take legal action. If you have heard nothing after 7 days, you can look at a small claims court action - contact your local court who may have some information as to how to go about this.

MN <mness23nospam@hotmail.com> wrote in message news:3f63f5fe$1_1@news.iprimus.com.au...

> Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> unitl a few weeks ago.

Riding will always be a high risk approach. Its not a matter of if the **** hits the fan, its a
matter of when.

And you have almost no protection against stupid mistakes. At least with a car its mostly just a
bruised ego/metalwork.

> 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.

Because you are MUCH less visible than a car.

> 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.

Yep, you could easily have ended up dead. And that would have been extremely unlikely
indeed in a car.

> 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).

You're almost guaranteed to win. As guaranteed as you can ever be with the legal system.

> I estimate the damage to the car at around $500-$1000.

Not relevant. What matters is the cost of your damages.

Best to use the small claims system, if only to stop legal parasites pumping your pockets with such
a clearcut case.

> The driver was the only occupant of the car and does have comprehesive insurance.

Best to just deal with their insurance company if you can find out who the insurance company is.

> However she can barely speak english so ive been mostly speaking to her husband who's english is
> only slightly better.

And its quite likely that that is deliberately worse than it normally is. They're clearly trying
every stunt they can.

Contact the insurance company yourself if you can find out who the insurance company is. If you
cant, use the small claims system.

"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.

A road accident involving an injury needs police involvement.

> 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.

Ask him for a reference number for said police report, you're solicitor will be interested to see
what it says.

> The reason for this is that he now claims I was riding on the footpath.

Interesting seeing as he wasn't there so anything he has to say is irrelevant.

> This is obviously not true considering the speed I was travelling and the distance I ride
> everyday.

It's not that "obvious".

> 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.

That's for your solicitor to argue.

> 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).

Do you really need to sue her or just get compensation for the damages and injury?

> I estimate the damage to the car at around $500-$1000.

If she is at fault, as you claim, who cares what the damage is to her car.

> 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.

Your solicitor will probably file a claim directly with their insurance company, along with your
police report etc.

Ask them for their insurance details, file an accident report with the police (technically it should
be reported anyhow as there was an injury), get some legal advice, contact their insurance company,
and don't say another word to them without advice.

Regards
--
The Raven http://www.80scartoons.co.uk/batfinkquote.mp3 ** President of the ozemail.* and uunet.*
NG's ** since August 15th 2000.

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.

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.

"Rod Speed" <rod_speed@yahoo.com> wrote in message
news:bk0tli$ngtbv$1@ID-69072.news.uni-berlin.de...
>
> MN <mness23nospam@hotmail.com> wrote in message news:3f63f5fe$1_1@news.iprimus.com.au...
>
> > Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> > unitl a few weeks ago.
>
> Riding will always be a high risk approach. Its not a matter of if the **** hits the fan, its a
> matter of when.
>
> And you have almost no protection against stupid mistakes. At least with a car its mostly just a
> bruised ego/metalwork.
>
> > 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.
>
> Because you are MUCH less visible than a car.
>
> > 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.
>
> Yep, you could easily have ended up dead. And that would have been extremely unlikely indeed
> in a car.
>
> > 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).
>
> You're almost guaranteed to win. As guaranteed as you can ever be with the legal system.
>
> > I estimate the damage to the car at around $500-$1000.
>
> Not relevant. What matters is the cost of your damages.
>
> Best to use the small claims system, if only to stop legal parasites pumping your pockets with
> such a clearcut case.
>
> > The driver was the only occupant of the car and does have comprehesive insurance.
>
> Best to just deal with their insurance company if you can find out who the insurance company is.
>
> > However she can barely speak english so ive been mostly speaking to her husband who's english is
> > only slightly better.
>
> And its quite likely that that is deliberately worse than it normally is. They're clearly trying
> every stunt they can.
>
> Contact the insurance company yourself if you can find out who the insurance company is. If you
> cant, use the small claims system.

Thanks for the reply,

I was the one that made the initial police report. I would rather not use a solicitor because I am
worried about how much it is going to cost. The total cost of the repairs is only $500. Also if it
went to small claims I thought a solicitor wasn't allowed in anyway.

"The Raven" <swilson150@yahoo.com.au> wrote in message
news:bk0u6o$na0k2$1@ID-137622.news.uni-berlin.de...
> "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.
>
> A road accident involving an injury needs police involvement.
>
> > 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.
>
> Ask him for a reference number for said police report, you're solicitor
will
> be interested to see what it says.
>
> > The reason for this is that he now claims I was riding on the footpath.
>
> Interesting seeing as he wasn't there so anything he has to say is irrelevant.
>
> > This is obviously not true considering the speed I was travelling and the distance I ride
> > everyday.
>
> It's not that "obvious".
>
> > 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.
>
> That's for your solicitor to argue.
>
> > 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).
>
> Do you really need to sue her or just get compensation for the damages and injury?
>
> > I estimate the damage to the car at around $500-$1000.
>
> If she is at fault, as you claim, who cares what the damage is to her car.
>
> > 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.
>
> Your solicitor will probably file a claim directly with their insurance company, along with your
> police report etc.
>
> Ask them for their insurance details, file an accident report with the police (technically it
> should be reported anyhow as there was an injury), get some legal advice, contact their insurance
> company, and don't say another word to them without advice.
>
> Regards
> --
> The Raven http://www.80scartoons.co.uk/batfinkquote.mp3 ** President of the ozemail.* and uunet.*
> NG's ** since August 15th 2000.

Contrary to what someone without knowledge says, cycling is a low risk activity with slightly less
risk of death than car driving. Dont worry a bicycle with a head light as very visible at night as
any who drives at night can testify. Trying to argue bikes are "much less visible than a car" is
doomed to fail for them.

Anything said by ppl who werent there is irrelevent and getting 2nd info from the police is even
more irrelevent. Go to a solicitor, just for an hour consultation, wont cost much. What he will tell
you u can relay back to the husband (u dont need the solicitor to write a letter at this point)
which will be sufficient to put the ***** right up him. You can potentially get thousands out of
them if they mess with you.

Rod Speed <rod_speed@yahoo.com> wrote:

> MN <mness23nospam@hotmail.com> wrote in message news:3f63f5fe$1_1@news.iprimus.com.au...
>
> > Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> > unitl a few weeks ago.
>
> Riding will always be a high risk approach. Its not a matter of if the **** hits the fan, its a
> matter of when.
>
> And you have almost no protection against stupid mistakes. At least with a car its mostly just a
> bruised ego/metalwork.
>
> > 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.
>
> Because you are MUCH less visible than a car.
>
> > 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.
>
> Yep, you could easily have ended up dead. And that would have been extremely unlikely indeed
> in a car.
>
> > 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).
>
> You're almost guaranteed to win. As guaranteed as you can ever be with the legal system.
>
> > I estimate the damage to the car at around $500-$1000.
>
> Not relevant. What matters is the cost of your damages.
>
> Best to use the small claims system, if only to stop legal parasites pumping your pockets with
> such a clearcut case.
>
> > The driver was the only occupant of the car and does have comprehesive insurance.
>
> Best to just deal with their insurance company if you can find out who the insurance company is.
>
> > However she can barely speak english so ive been mostly speaking to her husband who's english is
> > only slightly better.
>
> And its quite likely that that is deliberately worse than it normally is. They're clearly trying
> every stunt they can.
>
> Contact the insurance company yourself if you can find out who the insurance company is. If you
> cant, use the small claims system.

MN wrote:

> The insurance company is AAMI. I was under the impression that the policy holder is the one that
> needs to make the claim.

I had a smash a month ago where a girl pulled out of a petrol bowser into my car as I was leaving
the servo. She said I was in the wrong, but I knew she was (she pulled off from a stationary
position into the moving traffic). Her insurance company is Allianz. I basically sent a written
report (by fax) of what happened, and her details, direct to Allianz, and they did what they called
a "without prejudice inspection". They agreed that she was in the wrong and I got a cheque for $1800
(the amount of a quote I got for repairs to my car) about two weeks later. So no, you don't have to
wait for the insured party to contact their insurance company before claiming.

> They are refusing to contact the insurance company at all.

As you've seen, the insurance company will contact them, if they don't.

> 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.

My girl claimed I was wrong, but her company disagreed with her. Relax -- as Rod said in another
post, you'll win, based on the fact that they were pulling out without due care.

MN <mness23nospam@hotmail.com> wrote in message news:3f6402d8_1@news.iprimus.com.au...

> Thanks for the reply,

> I was the one that made the initial police report. I would rather not use a solicitor because I am
> worried about how much it is going to cost.

Yeah, I wouldnt use one either with such a clearcut case.

Its a very simple and straightforward matter, particularly when you know who the insurance
company is.

You can reconsider the solicitor if the insurance company tells you to bugger off etc, but I would
use the small claims system myself in that case, assuming that your state's small claims system will
consider that sort of road accident.

> The total cost of the repairs is only $500. Also if it went to small claims I thought a solicitor
> wasn't allowed in anyway.

Correct. The solicitor can be used to issue a letter of demand to the insurance company and is a bit
more likely to get the insurance company to just pay up tho. And he will certainly charge you a
substantial fee too.

> "The Raven" <swilson150@yahoo.com.au> wrote in message
> news:bk0u6o$na0k2$1@ID-137622.news.uni-berlin.de...
> > "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.
> >
> > A road accident involving an injury needs police involvement.
> >
> > > 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.
> >
> > Ask him for a reference number for said police report, you're solicitor
> will
> > be interested to see what it says.
> >
> > > The reason for this is that he now claims I was riding on the footpath.
> >
> > Interesting seeing as he wasn't there so anything he has to say is irrelevant.
> >
> > > This is obviously not true considering the speed I was travelling and the distance I ride
> > > everyday.
> >
> > It's not that "obvious".
> >
> > > 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.
> >
> > That's for your solicitor to argue.
> >
> > > 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).
> >
> > Do you really need to sue her or just get compensation for the damages and injury?
> >
> > > I estimate the damage to the car at around $500-$1000.
> >
> > If she is at fault, as you claim, who cares what the damage is to her car.
> >
> > > 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.
> >
> > Your solicitor will probably file a claim directly with their insurance company, along with your
> > police report etc.
> >
> > Ask them for their insurance details, file an accident report with the police (technically it
> > should be reported anyhow as there was an injury), get some legal advice, contact their
> > insurance company, and don't say another word to them without advice.
> >
> > Regards
> > --
> > The Raven http://www.80scartoons.co.uk/batfinkquote.mp3 ** President of the ozemail.* and
> > uunet.* NG's ** since August 15th 2000.
> >
> >
>

MN <mness23nospam@hotmail.com> wrote in message news:3f6400a8_1@news.iprimus.com.au...

> 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.

Its more complicated than that. Strictly speaking you're sposed to deal with the guilty party
yourself when you arent just claiming on your own insurance and letting them go after the guilty
party, but most insurance companys will see sense if you approach them directly. Not all tho, quite
a few will just tell you to bugger off.

In which case you should use the small claims system.

> They are refusing to contact the insurance company at all.

OK, threaten them with the small claims system and see if that brings them to their senses.

> 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.

I doubt it when you make it clear to the insurance company that that cant be true given the distance
from your work to home etc and where the accident actually happened.

Sounds like you didnt call the cops to the accident.

That wasnt a terrific idea, because it would then have been clear that you couldnt have been riding
on the footpath to have got the headlight fragments on the road etc.

Illegal in some states to not call the cops when physical injury has occured too.

> If they did I assume suing the the insurance company would be harder to win.

They'll likely realise that the guilty party is trying to find any excuse to get them off.

That doesnt mean that they will automatically just pay the claim tho, the worst of them have a
hell of a capacity to attempt to bluff right up to the courthouse steps, just to minimise their
payouts etc.

> "Rod Speed" <rod_speed@yahoo.com> wrote in message
> news:bk0tli$ngtbv$1@ID-69072.news.uni-berlin.de...
> >
> > MN <mness23nospam@hotmail.com> wrote in message news:3f63f5fe$1_1@news.iprimus.com.au...
> >
> > > Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> > > unitl a few weeks ago.
> >
> > Riding will always be a high risk approach. Its not a matter of if the **** hits the fan, its a
> > matter of when.
> >
> > And you have almost no protection against stupid mistakes. At least with a car its mostly just a
> > bruised ego/metalwork.
> >
> > > 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.
> >
> > Because you are MUCH less visible than a car.
> >
> > > 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.
> >
> > Yep, you could easily have ended up dead. And that would have been extremely unlikely indeed in
> > a car.
> >
> > > 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).
> >
> > You're almost guaranteed to win. As guaranteed as you can ever be with the legal system.
> >
> > > I estimate the damage to the car at around $500-$1000.
> >
> > Not relevant. What matters is the cost of your damages.
> >
> > Best to use the small claims system, if only to stop legal parasites pumping your pockets with
> > such a clearcut case.
> >
> > > The driver was the only occupant of the car and does have comprehesive insurance.
> >
> > Best to just deal with their insurance company if you can find out who the insurance company is.
> >
> > > However she can barely speak english so ive been mostly speaking to her husband who's english
> > > is only slightly better.
> >
> > And its quite likely that that is deliberately worse than it normally is. They're clearly trying
> > every stunt they can.
> >
> > Contact the insurance company yourself if you can find out who the insurance company is. If you
> > cant, use the small claims system.
> >
>

Gary K <ocean1@removeiinet.net.au> wrote in message
news:1g1a3mf.hl6939k8kmbmN%ocean1@removeiinet.net.au...

> Contrary to what someone without knowledge says, cycling is a low risk activity

Complete pack of lies as far as a road accident producing personal injury is concerned. Just because
a bike rider has very little protection when someone inevitably does something stupid. And its
completely impossible to eliminate that real risk.

> with slightly less risk of death than car driving.

Thats just totally bogus statistics. If you only count death in car accidents in a builtup area, and
dont count those on the open highway, the risk of death is MUCH higher per vehicle mile with bike
riding that with a car, for exactly the same reason, minimal protection for the bike rider when
someone inevitably does something stupid.

A car accident that just produces damaged metal can very easily result in the death of a bike rider.

> Dont worry a bicycle with a head light as very visible at night as any who drives at night can
> testify.

Have fun explaining how she managed to run into the bike rider.

> Trying to argue bikes are "much less visible than a car" is doomed to fail for them.

visible than cars and everyone who drives much has got a rude surprise when one has shown up
unexpectedly.

> Anything said by ppl who werent there is irrelevent

Wrong again. It should have been obvious to the cops whether the bike was actually being ridden on
the footpath if they had been called to the accident scene.

> and getting 2nd info from the police is even more irrelevent. Go to a solicitor, just for an hour
> consultation, wont cost much.

Much cheaper to approach the insurance company directly first and only consider a solicitor if they
tell you to bugger off.

> What he will tell you u can relay back to the husband (u dont need the solicitor to write a letter
> at this point) which will be sufficient to put the ***** right up him.

And if the insurance company just pays the claim, he's completely irrelevant.

> You can potentially get thousands out of them if they mess with you.

Only by risking substantial money on legal parasites.

> Rod Speed <rod_speed@yahoo.com> wrote:
>
> > MN <mness23nospam@hotmail.com> wrote in message news:3f63f5fe$1_1@news.iprimus.com.au...
> >
> > > Ive been riding to work for the past 8 months and have found it a pretty enjoyable experiance
> > > unitl a few weeks ago.
> >
> > Riding will always be a high risk approach. Its not a matter of if the **** hits the fan, its a
> > matter of when.
> >
> > And you have almost no protection against stupid mistakes. At least with a car its mostly just a
> > bruised ego/metalwork.
> >
> > > 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.
> >
> > Because you are MUCH less visible than a car.
> >
> > > 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.
> >
> > Yep, you could easily have ended up dead. And that would have been extremely unlikely indeed in
> > a car.
> >
> > > 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).
> >
> > You're almost guaranteed to win. As guaranteed as you can ever be with the legal system.
> >
> > > I estimate the damage to the car at around $500-$1000.
> >
> > Not relevant. What matters is the cost of your damages.
> >
> > Best to use the small claims system, if only to stop legal parasites pumping your pockets with
> > such a clearcut case.
> >
> > > The driver was the only occupant of the car and does have comprehesive insurance.
> >
> > Best to just deal with their insurance company if you can find out who the insurance company is.
> >
> > > However she can barely speak english so ive been mostly speaking to her husband who's english
> > > is only slightly better.
> >
> > And its quite likely that that is deliberately worse than it normally is. They're clearly trying
> > every stunt they can.
> >
> > Contact the insurance company yourself if you can find out who the insurance company is. If you
> > cant, use the small claims system.

Find yourself a lawyer. Ask Bicycle SA if they have a lawyer they recommend. I went through a
similar thing a couple of years ago, although I had more injuries.

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

In article <3f63f5fe$1_1@news.iprimus.com.au>, MN <mness23nospam@hotmail.com> 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.

This is normal in Adelaide. As many people who have come here since I moved here, it's referred to
as 'European rules'. Cars pull out in front of you even if you're in a car. Everytime I get in a car
in this city I am scared to death.

<snip>

> 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.

How nice.

> The next day she and her husband were around my house claiming they wanted to see if I was
> alright.

Did they admit guilt?

> However they were more interested in informing me that since I had no lights it was my fault and
> they wern't paying.

A driver has a duty of car for all vehicles on the road. The lights thing can go to causation and
should you go to court you might get a reduced payout, but it doesn't make negate their negligence.

> They soon shut up when I showed them the bike with backlight still working and front light smashed
> from the accident.

Good on ya.

> 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.

Don't forget your medical costs.

> 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.

Uhmmm a police officer has no right giving out legal advice over a tort.

> The reason for this is that he now claims I was riding on the footpath.

If you were on the footpath how did the car hit you?

> 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.

sounds like someone's telling porkies. You could see a lawyer who can right a very polite
letter to them.

>
> 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 had an incident where the woman refused to acknowledge she ran a red light.. even when a witness
told her she had. The insurance company agreed with me.

Firstly some basics (obviously only knowing your side of the story).

Duty of Car - all vehicles has a duty of care to all others around them. The driver when pulling out
of a side street has the duty to ensure they can do so safely.

What can you do? as suggested above I'd visit a lawyer who will write a letter of demand. You could
just claim on her insurance if you have that information.

If you want you can sue for Negligence AND battery. The beauty of battery is that you don't even
need damages. But this may be taking things too far.

"MN" <mness23nospam@hotmail.com> wrote in message news:3f6402d8_1@news.iprimus.com.au...
> Thanks for the reply,
>
> I was the one that made the initial police report.

Did they charge the driver or apportion any blame?

> I would rather not use a solicitor because I am worried about how much it is going to cost. The
total
> cost of the repairs is only $500.

Yes, I could see that but a decent solicitor (cough) who gives 1st meetings free might steer you in
the right direction.

> Also if it went to small claims I thought a solicitor wasn't allowed in anyway.

--
The Raven http://www.80scartoons.co.uk/batfinkquote.mp3 ** President of the ozemail.* and uunet.*
NG's ** since August 15th 2000.

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.