Car Accident

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" wrote in message
...
"MN" wrote in message
...
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 ****s right up him. You can
potentially get thousands out of them if they mess with you.


Rod Speed wrote:

MN wrote in
message ...

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.

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 ****s right up him. You can
potentially get thousands out of them if they mess with you.


Rod Speed wrote:

MN wrote in
message ...

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 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 wrote in
message ...

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" wrote in message
...
"MN" wrote in message
...
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 wrote in
message ...

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" wrote in message
...
"MN" wrote in message
...
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 wrote in
message ...

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" wrote in message
...

MN wrote in
message ...

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 in
message ...

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" wrote in message
...

MN wrote in
message ...

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 wrote in message
. 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.

Wota ****ing ******. Even motorbikes are much less
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 ****s 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 wrote:

MN wrote in
message ...

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.