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  #11  
Old June 30th 04, 06:00 AM
Bikesoiler
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Default Accident/Insurance advice

Originally posted by marcusl
I was involved in a bit of a bingle with a 4wd on Monday night.


Glad you're not badly hurt.

...I slid side ways a bit.... Ended up rolling in midair and landing on
my side/back in the middle of the road with my bike beside me..... the
only injuries i recieved were some sore and slightly swollen knees with
some skin off (i think from hitting the handle bars on the way over), a
bruised hip ,......


After all that you may need to claim for damage to or replacement of
your helmet, gloves, riding clothes, back pack etc. Your losses aren't
limited to 'just' your bike.

...I was just wondering if anyone has any advice dealing with insurance
companies on this.


Put it all in writing!

...send a letter of demand to him personally with a quote for
repairs/replacement. If the letter goes ignored to send another giving
a time limit and advising that your going to commence legal
proceedings...and if that expires then to commence legal proceedings.


Do this when you have quote/s. Don't wait for the other party.

My main concern is with the frame, whether there is more than just
cosmetic damage (of which there is hardly any).


Get a quote for a custom replacement frame!



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  #12  
Old June 30th 04, 07:00 AM
marcusl
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Default Accident/Insurance advice

Graeme wrote:
You seem to be worried mainly about the bike (I'd probably be the
same), but remember you have been injured and a course of physio or
whatever should also be part of the deal. Get yourself to a doctor NOW
so he can say you've done x, y & z to yourself. You can then claim for
personal injury.
Graeme




You sound like my wife - which is a good thing as she's only
concerned for me...so it's nice to have your concern.... She didn't want
me to go to work the next day...after all i had the perfect excuse BUT
it's just not in my nature... I'll probably open a new kettle of
worms...but our society has become way too litigious anyway. Like these
guys that get drunk, break into a bar, get injured and then sue. For
F*&%'s sake take some responsibility for yourselves. There was no need
for a doctor/ambulance - so it would seem dishonest to me. If anything
I'm suffering more mental anguish from not being able to ride I'm
just much happier if i'm riding. I get home from work on a high....but i
think i'll get over it (when i get the bike back on the road!!)
Obviously if I'd broken anything, had any major grazes, bruising I'd
consider it....but like i said miracurously (for me and disappointingly
so for others that I've told about it - they want to see blood and
gore!)there is nothing like that.....

anyway have spoken to several people and for those that are
interested....here's what I've found out..... to get a copy of the
police report will cost $38 from the Freedom Of Information Insurance
Unit.... According to BNSW taking the bike to a reputable LBS for
assessment should be enough...have spoken to Clarence St and Renegade's
they seemed to know what they were talking about and have done it
before.....I'll probably speak to a BS who also build frames in NSW and
see what they've got to say....would appreciate their advice.

Having said all this about letters of demand etc. I think I'd like to
give the guy a chance to do the right thing before such heavy
handedness....ask him if he's prepared to compensate me OR if he wants
to use insurance etc and proceed that way. (rather than him suddenly
receiving such a demand/threat)

Thanks all for the advice and if you like i'll keep you posted on how
things proceed marcus



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  #13  
Old June 30th 04, 08:33 AM
Chris
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Default Accident/Insurance advice

Good to hear you are OK.

When I had a similar accident the driver of the ute also expressed that he
hadn't seen me.
I then explained that I would have been worried if he had seen me and still
cut me off.

The driver just paid for all damage. I hope you are as lucky.

Cheers.

marcusl wrote in message
.. .
I was involved in a bit of a bingle with a 4wd on Monday night.
Basically the guy pulled out of a side street to turn right onto the
street i was on, across in front of me just in time for me to plow into
him just behind the drivers door. I saw him going but as it was a
slight downhill i was getting along at about 40kph (i checked my
computer AFTER and it said 47kph was my max so far for the ride and as
this was the fastest section in the ride so far I'm assuming about 40)
and just did not have time to stop. Slammed on the brakes and just
remember thinking "F%@$ I am going to hit him!" Because he was slighty
turned and I slid side ways a bit it, I hit at an angle and not
directly into his side which i think saved me. After the intial impact
i must have slid along the side of his vehicle (putting a nice new dent
(with the bar ends i think) all the way along)and being spat out the
back end. Ended up rolling in midair and landing on my side/back in the
middle of the road with my bike beside me. Miracurously (sp?) the only
injuries i recieved were some sore and slightly swollen knees with some
skin off (i think from hitting the handle bars on the way over), a
bruised hip , plus shoulder and lats that feel like I've just done a
huge session at the gym. I consider myself VERY lucky!! The bike was
not so lucky....suspension forks snapped at the crown/arch (?) and the
front wheel bent back on itself, rim snapped and spokes that look like
spaghetti, and the disc is buckled (thank god for crumple zones, right
?? ) Frame LOOKS straight, handle bars look fine and lights still
work!! And what was the first thing the guy said (all together now)
"Sorry mate - didn't see you" WTF??!! Didn't see me?!! I had twin
halogen headlights, bright orange jumper - there are street lights all
the way along??! Sentiments that were echoed by the cops when they
arrived. They gave him a bit of a serve about it because he didn't seem
to think it was his fault, he even asked the cop if it was because it
was a cyclist that he getting so much grief and that just set the cop
off again. I actually felt slightly sorry for the guy (only slightly)
because i know that i've been in the car before and have just not seen
another car/bus/bike on some occasion....but it was the feeling that he
didn't think he was to blame that extinguished that my feeling sorry
for him!! I sincerely hope he has learnt from this - I know i have!!
I've never had an accident of any sort in 13 yrs of driving. I've had
some close calls since i started commuting 3 days per week 2.5 years
ago, but i don't think i truly realise what fine line it is we walk
(drive/ride ) when we're on the road - in any form of transport. I
just trusted other road users to do the right thing TOO much (looking
back now any amount of trust in other road users is too much!!) My wife
handled it fine until she came to pick me up and saw the condition of
the bike and i must admit a shiver goes up the spine when i look at my
poor bike. Anyway enough of the therapy session...I was just wondering
if anyone has any advice dealing with insurance companies on this. I've
contacted his insurance company and they've said that until he makes a
claim they're unable to help me and only then if he's at fault (which i
am pretty sure would be the result of the police report judging by what
was said at the scene) The advice I've recieved from NRMA (who i am
insured with for my car) and from his company is to get a quote (only
one required) and either wait for him to make a claim OR to send a
letter of demand to him personally with a quote for
repairs/replacement. If the letter goes ignored to send another giving
a time limit and advising that your going to commence legal
proceedings...and if that expires then to commence legal proceedings.
(i hope things don't get that far!!) As far as getting quotes i've
contacted some bike shops on this and they're more than willing to do
it, and that they'd get their mechanic (hopefully not some 18yo who
knows how to adjust gears/brakes and that's all) to inspect it and give
aquote. Some shops want a payment for this service which they'll take
from the price if i end up getting the bike from them. Fair enough
really (they have a business to run)but it means i don't want to have
to lug the bike to too many places and incur any cost my self (which i
really can't afford). My main concern is with the frame, whether there
is more than just cosmetic damage (of which there is hardly any)...how
do you go about checking that out? Will a shop mechanic be able to do
it?? or would a frame builder be better?? Any advice/experience would
be very much appreciated (what i've been receiving is skewed towards
cars it seems) I haven't got a regular LBS, am not a member of a BUG
and none of my mates ride....I lurk here on cyclingforums.com sometimes
and would appreciate a 'cyclists' point of view!


marcus

PS. sorry for the long winded post

PP What irks me the most is that i miss my bike and miss riding and
it's only been a couple of days and that any 'replacment' won't be
the same. This was THE one, it fit me like a glove and was MY bike.
Crazy the attachements we get to inanimate objects!!



--




  #14  
Old June 30th 04, 08:54 AM
Graeme
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Default Accident/Insurance advice

marcusl wrote in news:EFsEc.37360$Io3.7562
@fe05.usenetserver.com:

You sound like my wife


....quick check.... Nope, I've got all the wrong bits to be anyone's wife
:-)


Graeme
  #15  
Old June 30th 04, 12:15 PM
MN
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Default Accident/Insurance advice

Had an accident very similar to this riding along main road downhill about
40 km/h car drives staight into me from a side street. The lady was very
apologetic about it all agreeing to pay. So about 2 weeks later I give her
the bill then she starts crapping on the police said she didn't have to pay,
I must have pulled out from the footpath otherwise she would have seen me.
Tried ringing the ladys insurance and was told they wouldn't do anything
unless she lodged a claim. So I decided to let it go and just pay the
damages myself about $300. Around 3 weeks after getting my bike back the
frame snapped. So I took it to a bike shop and got a quote for a replacement
around $1000 then lodged a prelodgement notice which cost me $10 and can be
done online (here in SA).

About a week after putting the notice in her letterbox I had a call from her
insurance telling me they were liable and agreeing at first to only pay for
the repairs (becuase I rode it after the repairs they claimed the cracked
frame wasn't caused by the accident). It didn't take much to get them to
send an assessor around to look at the bike and he agreed to pay for a new
bike as well as a helmet and a few other damaged accessories. I'm probably
lucky she didn't agree to pay at first otherwise I would have ended up with
only the obvious damage fixed instead of a whole new bike.

So if the driver gives you the run around definately send a letter of
demand/prelodgement notice. Don't worry to much about the insurance the
other guy is clearly at fault. In my case the police didn't attend the scene
and the lady probably bent the truth abit in her police report but the
insurance company still paid out no problems.


  #16  
Old June 30th 04, 12:29 PM
Andrew Reddaway
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Default Accident/Insurance advice

On Wed, 30 Jun 2004 06:00:04 GMT, marcusl
wrote:

Obviously if I'd broken anything, had any major grazes, bruising I'd
consider it....but like i said miracurously (for me and disappointingly
so for others that I've told about it - they want to see blood and
gore!)there is nothing like that.....


A couple of years ago I had a much more minor bingle than you - I
avoided the car and fell off, no real impact with the car. Didn't
seem to have any injuries except grazes.

HOWEVER, I found out a week later (from an x-ray) that I had a broken
scaphoid bone (in the wrist). Needed 6 weeks in plaster and 6 more in
a brace. If this injury isn't picked up, the bone tends to die and
cause arthritis etc...

(engage nagging mother tone)
So, definitely get yourself checked out properly!!
  #17  
Old June 30th 04, 08:36 PM
Vixen2yall
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Default Accident/Insurance advice


"Graeme" wrote in message
4.51...
marcusl wrote in news:NOpEc.51016
:

Miracurously (sp?) the only
injuries i recieved were some sore and slightly swollen knees with some
skin off (i think from hitting the handle bars on the way over), a
bruised hip , plus shoulder and lats that feel like I've just done a
huge session at the gym


You seem to be worried mainly about the bike (I'd probably be the same),
but remember you have been injured and a course of physio or whatever
should also be part of the deal. Get yourself to a doctor NOW so he can

say
you've done x, y & z to yourself. You can then claim for personal injury.


Graeme


BINGO! also take pictures of your knees. i know i'm late on this. my
appologies, but get the pictures asap! also pictures of the bike and the
accident spot. (if ya made marks through the grass and tore up turf it can
show how hard you hit.)

3 years ago i got hit from behind by a guy who was driving WAY too fast. he
hit me going 70 mph (120-130 kmph) his PU drug me 140 feet, i flew another
50 feet and skid on my knees another 20 feet. got all that on film about two
days later. you can see in the pictures where his tire blew, how far he
traveled before hitting me, where he slammed into me, where the vehicule
stopped at and where i landed and skid. we had used one of those really long
tape measures and tooke pictures from one place to the next. makes for a
very good case in court. also i had gotten pictures of all the damage to my
body (quite embarrassing to have my poor mother take pictures of my bare
tush and other bare body parts but had to be done.) had pictures taken of
the bike along w/ all the gear that got smooshed. (bike went under the
truck, i went through the truck.) and had gotten pictures of the other
vehicule as he had signed it over to the police. it wasn't drivable after
the accident seeing as i had moved the engine block through the dashboard
via my tail end. (i really shouldn't be alive)

anyway i degress here. pictures are one of the best things you can use in
court. they don't lie. (well usually they don't lie... now a days
however.... )

good luck and get pictures!

cheers
kat


  #18  
Old June 30th 04, 10:51 PM
Random Data
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Default Accident/Insurance advice

marcusl wrote in message .. .


How do you find a qualified insurance assessor for bicycles? Might give
BNSW a call they may know if there is one in Sydney....


Aah, you are in Sydney. I'd suggest giving Bike Addiction a call (9938
3511), especially if you're on the North Side. Hugh really knows his
stuff wrt to broken bikes, having killed his fair share over the
years. In my experience, BA are also honest and enthusiastic about
bikes - I can't go there if I'm in a hurry, because I always end up
chatting for a while.

How do you get a pre-accident value assessment of your bike if it's not from
a bike shop...hmm....don't have the receipts...


A good bike shop will be able to make an assessment of replacement
value for the equivalent, probably devalued for wear and tear.

I'd also go to a doctor and get a full checkup, just to be sure. If
there is anything wrong, you want to know *now*, so you can a) have a
better chance of getting it fixed, and b) have a better chance of
showing it's a result of the prang.

Dave - who found a Crumpler sticker under his brake cable last night
at the pub.

--
Dave Hughes |
"...and trogdor smote the kerrek. And all was laid to burnination."
-- Strongbad
  #19  
Old July 1st 04, 01:20 AM
Munk3y
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Default Accident/Insurance advice

marcusl wrote:
*snip*
Having said all this about letters of demand etc. I think I'd like to
give the guy a chance to do the right thing before such heavy
handedness....ask him if he's prepared to compensate me OR if he wants
to use insurance etc and proceed that way. (rather than him suddenly
receiving such a demand/threat)



Once you have the quotes, sending a letter of demand isn't heavy
handedness, it's a formality. All claims should be addressed to the
driver, regardless of who owns/insures the vehicle, it is then up to him
to pass the matter on to the insurance company.

If you are in NSW there is a good page from the Attorney Generals Dept
regarding debt recovery, and it has links to sample letters of demand.

http://www.agd.nsw.gov.au/lc.nsf/pages/info_issueclaims

Don't rush into a quick settlement until you have seen the doctors and
results are finalised - it is very important to get a thorough medical
checkup, and make sure you claim any costs involved.

- Munk3y
  #20  
Old July 1st 04, 02:30 AM
flyingdutch
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Posts: n/a
Default Accident/Insurance advice

Vixen2yall wrote:
3 years ago i got hit from behind by a guy who was driving WAY too fast.
he hit me going 70 mph (120-130 kmph) his PU drug me 140 feet, i flew
another 50 feet and skid on my knees another 20 feet. got all that on
film about two days later. you can see in the pictures where his tire
blew, how far he traveled before hitting me, where he slammed into me,
where the vehicule stopped at and where i landed and skid. we had used
one of those really long tape measures and tooke pictures from one place
to the next. makes for a very good case in court. also i had gotten
pictures of all the damage to my body (quite embarrassing to have my
poor mother take pictures of my bare tush and other bare body parts but
had to be done.) had pictures taken of the bike along w/ all the gear
that got smooshed. (bike went under the truck, i went through the
truck.) and had gotten pictures of the other vehicule as he had signed
it over to the police. it wasn't drivable after the accident seeing as i
had moved the engine block through the dashboard via my tail end. (i
really shouldn't be alive)
anyway i degress here. pictures are one of the best things you can use
in court. they don't lie. (well usually they don't lie... now a days
however.... )
good luck and get pictures!
cheers kat




Ouch-erama!!!

sounds lik an episode of Jackass!



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