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  #21  
Old September 14th 03, 07:58 AM
Rod Speed
external usenet poster
 
Posts: n/a
Default Car Accident


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.



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  #22  
Old September 14th 03, 08:44 AM
Max
external usenet poster
 
Posts: n/a
Default Car Accident

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



  #23  
Old September 14th 03, 08:44 AM
Max
external usenet poster
 
Posts: n/a
Default Car Accident

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



  #24  
Old September 14th 03, 08:50 AM
Peter
external usenet poster
 
Posts: n/a
Default Car Accident

In article , 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.


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.
  #25  
Old September 14th 03, 08:50 AM
Peter
external usenet poster
 
Posts: n/a
Default Car Accident

In article , 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.


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.
  #26  
Old September 14th 03, 08:53 AM
Peter
external usenet poster
 
Posts: n/a
Default Car Accident

In article , MN
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.
  #27  
Old September 14th 03, 08:53 AM
Peter
external usenet poster
 
Posts: n/a
Default Car Accident

In article , MN
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.
  #28  
Old September 14th 03, 08:59 AM
The Raven
external usenet poster
 
Posts: n/a
Default Car Accident

"MN" wrote in message
...
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.


  #29  
Old September 14th 03, 08:59 AM
The Raven
external usenet poster
 
Posts: n/a
Default Car Accident

"MN" wrote in message
...
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.


  #30  
Old September 14th 03, 10:33 AM
Zig
external usenet poster
 
Posts: n/a
Default Car Accident



MN wrote:

Hi,

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


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

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

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

Good luck.
Zig



 




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