Accident: Advice needed

Discussion in 'Australia and New Zealand' started by Motorpace, Apr 27, 2006.

  1. Motorpace

    Motorpace New Member

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    Hi all

    I was involved in an accident on the way home from work on Wednesday on my beloved roadie and I'm after some advice.

    I was t-boned by a 4wd who failed to see me before proceeding through the intersection. I picked up a few broken bones as well the obligatory road rash. The driver was fully insured and I have all their details.

    What I'm not sure about is the mechanism of how to lodge a claim with their insurance. Everytime I've done it in the past its been a car accident so I've gone through my car insurance. But I don't have insurance on my bike.

    So is it just a matter of pitching up at the relevant insurance co and filling out a claims form? And how do I quantify damage to my bike? Do I need to get an estimate from my LBS? Are there any other tricks and traps I should be aware of?

    Thanks for your help
     
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  2. Bikesoiler

    Bikesoiler New Member

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    Hi Moto

    Get a quote on the damage to your bike from your LBS. Also total up the replacement costs for your clothing/helmet etc, check everything that you had with you at the time, if damaged, include that also. You don't get money for pain & suffering but should get all your damaged gear replaced.

    Send the driver a letter with the amounts listed demanding payment etc.

    If its an insurance claim for the driver, ensure that you can get the credit at your shop of choice.
     
  3. artemidorus

    artemidorus New Member

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    Moto, I was involved in a similar accident last year, but I wasn't seriously hurt. Can I direct you to this?:
    http://www.cyclingforums.com/showthread.php?t=232127

    Did you report the accident to the police and get an event number? This is essential, as otherwise the culprit can deny that the accident took place. The police may try to fob you off, but be persistent and get the number. You can then quote this on your correspondence to show that you mean business.
    Get a quote for repairs from the shop that you would want to do the repairs for you, not the cheapest, obviously. Don't undercall the damage and get them to spec components at least as good as the broken bits. You could probably get away with modest upgrading for your pains.
    Send the quote with a polite, businesslike letter to the driver and ask them if they wish to claim on their vehicle insurance or pay themselves. If they claim, they will need to give you a claim number so that you can deal with the insurer direct.
    If he claims, then send the insurer a schematic diagram of the accident clearly showing the true circumstances and the culpability. If it was dark, mention clearly the lights that you had on your bike and whether you were wearing bright or reflective clothing (if it was dark and you were unlit, you are probably stuffed...).
    If he refuses to claim or pay himself, you've potentially got trouble. I'm no lawyer, but I understand from a barrister friend that the best thing to do would be to lodge a claim against him with the local court. You could then present him with the letter of lodgement and this would probably scare him into paying. If he still wouldn't pay, then you would take it to court, representing yourself, as, apparently, you'd be likely to win without legal representation.
    With regard to your broken bones, whether or not you would wish to sue the driver is up to you. If you have joint or ligamentous involvement in your injuries, you could be in for some chronic pain and functional impairment, heaven forbid. Don't rule out the possibility of making a claim for this.
     
  4. ward17

    ward17 New Member

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    Hi Moto
    You should be able to sue the driver/insurance company for lost time off work and medial expenses.
     
  5. mysrh

    mysrh New Member

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    In regard to suing, I was recently hit by a car which passed the red traffic light while I was crossing the road.

    Now what is happening the Insurance Commision will estimate my loss and make payment on that (I will pursue through lawyer, since the insurance commision usually offer little sompensation).

    What I'm wondering, will the car's owner free from compensating my loss and only dealing with the Police? I feel that I got hit by someone and instead dealing with that person, a gov't insurance company represent that car's owner.

    Will that car's owner free from paying whatever they need to pay on the accident?
     
  6. Motorpace

    Motorpace New Member

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    Thanks for all the advice guys. A few points I should have clarified:

    -The accident took place in good light

    - We went and got a police report the next day, and the driver didn't dispute any of the facts. The police were very helpful and professional, stark contrast to some others experience. This was the valley police station in brisbane for future reference. But next time I will definitely call the cops at the scene

    As the accident took place coming home from work, I've contacted my local organisational health rep and they will be in touch. They can get money for medical bills through work cover, and reclaim it later through the motor vehicle insurer. So this is good, worth considering if you have a prang similar to mine.

    Anyway, I'll chase up a quote from the LBS, and then hit up the lady or the insurers for the cost of repairs (or more likely replacement, given the state of the frame :( ). I'll keep you posted on how I go.

    Thanks again for the advice
     
  7. Motorpace

    Motorpace New Member

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    Thought I'd better post an update now everything is resolved.


    The car was a company car so I got a quote from the LBS and hit up the company for the damage. It took a few weeks but we got there in the end. They authorised the repairs and the local LBS was happy for me to spend the money however I wanted. I threw in a few hundred on top of the insurance cheque and got a whole new bike (instead of repairing old one with new frame and other bits). Was lucky- I got the last one in stock, with no new stock due to arrive until September. So got a whole new bike the same week my arm came out of plaster- not a bad outcome.
    So I'm back on the road now, trying to regain all the fitness I've lost during my lay up.

    Thanks to all for your advice, much appreciated
     
  8. mikesbytes

    mikesbytes New Member

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    Contgratulations on finding resolution. Enjoy the new bike. Take it easy on the arm for a while.
     
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