Wiped out by a car

I was wiped out by a car yesterday as I was riding home after work or
rather I wiped myself out when I hit the gold magna that turned left
into my lane. I commute the 12k every day to work and as I was riding
home and travelling at about 30kmh past the front of Townsville hospital
(how convenient)a gold Mitsubishi Magna drove straight out in front of
me. From what I can remember I had just enough time to reach for the
brakes before hitting the car on the front passenger side, flying over
the handle bars and smashing the windscreen with the lower right side of
my back before crumpling into a heap on the road. I honestly thought
that my back was broken although I guess the immense pain was a dead
give away that it wasn't. My praises to the Ambos and the first aider
who was third on the scene (after me and the Magna driver).I dont know
the state of my bike its only a 4yr old Trek 1200. The Cops have given
me the drivers details so I guess I will be claiming for any damage from
her. Not sure exactly sure how to go about it though. The extent of my
injuries is fairly mild considering. Mainly a badly bruised back and
some bark off here and there. I have a lot of blood in my urine
according to the Doc but my kidneys feel alright. I will find out more
after I see him again today.
Sorry for the novel.
-Blanchy

"Blanchy" wrote in message
...
I was wiped out by a car yesterday as I was riding home after work or
rather I wiped myself out when I hit the gold magna that turned left
into my lane. I commute the 12k every day to work and as I was riding
home and travelling at about 30kmh past the front of Townsville hospital
(how convenient)a gold Mitsubishi Magna drove straight out in front of
me. From what I can remember I had just enough time to reach for the
brakes before hitting the car on the front passenger side, flying over
the handle bars and smashing the windscreen with the lower right side of
my back before crumpling into a heap on the road. I honestly thought that
my back was broken although I guess the immense pain was a dead give away
that it wasn't. My praises to the Ambos and the first aider who was third
on the scene (after me and the Magna driver).I dont know the state of my
bike its only a 4yr old Trek 1200. The Cops have given me the drivers
details so I guess I will be claiming for any damage from her. Not sure
exactly sure how to go about it though. The extent of my injuries is
fairly mild considering. Mainly a badly bruised back and some bark off
here and there. I have a lot of blood in my urine according to the Doc but
my kidneys feel alright. I will find out more after I see him again today.
Sorry for the novel.
-Blanchy

Sorry to hear about the accident Blanchy, but glad to hear that you're
(mostly) ok.

I had a similar thing happen a couple of months ago, so I hope I can help
out with your bike claim.
My bike was a 3 year old Trek 1400, and the frame was bent, so it was a
write off.
I took the bike to my local Trek dealer and asked them to write a report
explaining what was wrong with the bike, and how much would it cost to
repair or replace.

They surmised that it was beyond repair and would have to be replaced.

I then sent their report with a letter of demand (see example below) to the
driver who hit me. Funnily enough, it was the RAA in SA who gave me guidance
on this. Being a member, I contacted their legal department and they very
helpfully explained the process I should follow and even offered legal help
if the other party decided to play hardball. Fortunately, that wasn't
necessary.

The woman who hit me did the right thing and forwarded the letter to her
insurance company, who contacted me after a week or so. They sent an
assessor to the bike shop, and he agreed with the bike shop's assessment
(what choice did he have really?)
The bike's replacement cost was $2000, and they offered to send a cheque for
$1800 (being $2000 less a "salvage fee" of $200 as I could keep the damaged
bike). This was fair enough, I thought, as there were many parts I could
still use - basically I only lost the frame and rear wheel.

Although very inconvenient at the time, I'm happy now as I upgraded to a
full carbon/dura ace set up.
Still, given the choice, I'd rather have not been hit! I should add that I
now also have "comprehensive" bike insurance so that I know I'm covered if
something like this happens again.

All the best with your recovery, and I hope things turn out ok.

Here's a copy of the letter I sent to the other party:

Dear Xxxxxxxx,



I refer to the collision which occurred on Osborn Terrace, Plympton on 28
May 2005.



As the cyclist struck by your car, I hold you responsible and now write to
claim the amount of one thousand, nine hundred and ninety nine dollars
($1999.00), being the estimated cost of replacing my bicycle as per copy of
the enclosed quotation. The bicycle is not able to be repaired.



If you are insured for property damage, please pass this letter to your
insurance company and ask them to contact me regarding my claim.



If you are not claiming on your insurance, I expect you to make good my
loss.

Your reply within fourteen (14) days is required to avoid further action.



Without prejudice.



Yours faithfully





Yyyyyyyyyyy

ooowww!!

been there, done that, approx 12 weeks ago now. bummer

Get all the details with you

Ambo, hospital or doctors/medical will be covered by TAC (that's no
just a Vic phenomenom is it?), attending police officers, witnesse
(any?)

Get yourself sorted. you have 2 years to claim relevant injuries

Get bike/jersey/etc assessed.
Contact magna driver and write/tell her you will be claiming fo
damages. its then up to her whether she pays cash or makes a claim o
her insurance.
Hound them. hound them again.

Write down everybody's name you deal with, on the phone or in person

keep us up to date if you wanna share your travails. good luck and goo
recoveries

cheers
F

--
flyingdutch

Blanchy Wrote:
I was wiped out by a car yesterday as I was riding home after work o
rather I wiped myself out when I hit the gold magna that turned lef
into my lane. I commute the 12k every day to work and as I was ridin
home and travelling at about 30kmh past the front of Townsvill
hospita
(how convenient)a gold Mitsubishi Magna drove straight out in front o
me. From what I can remember I had just enough time to reach for th
brakes before hitting the car on the front passenger side, flying ove
the handle bars and smashing the windscreen with the lower right sid
o
my back before crumpling into a heap on the road. I honestly though
that my back was broken although I guess the immense pain was a dea
give away that it wasn't. My praises to the Ambos and the first aide
who was third on the scene (after me and the Magna driver).I dont kno
the state of my bike its only a 4yr old Trek 1200. The Cops have give
me the drivers details so I guess I will be claiming for any damag
fro
her. Not sure exactly sure how to go about it though. The extent of m
injuries is fairly mild considering. Mainly a badly bruised back an
some bark off here and there. I have a lot of blood in my urin
according to the Doc but my kidneys feel alright. I will find out mor
after I see him again today
Sorry for the novel
-Blanchy
*ouch* I'm so sorry to hear of this. I do hope that everything heal
just as it should

I'm glad your kidneys aren't hurting now, but, even after getting th
all clear from the doctor, you might think about going back agai
*after* all the bruises, etc. are gone. Get a final 'once over' an
double check. My own experience is that sometimes things don't becom
apparent until the more obvious things are gone.

Again, glad to hear that you aren't worse injured, but so sorry to hea
that someone did this to you

cheers
al

--
alison_b

flyingdutch Wrote:
ooowww!!

been there, done that, approx 12 weeks ago now. bummer

Get all the details with you

Ambo, hospital or doctors/medical will be covered by TAC (that's no
just a Vic phenomenom is it?), attending police officers, witnesse
(any?)

Get yourself sorted. you have 2 years to claim relevant injuries

Get bike/jersey/etc assessed.
Contact magna driver and write/tell her you will be claiming fo
damages. its then up to her whether she pays cash or makes a claim o
her insurance.
Hound them. hound them again.

Write down everybody's name you deal with, on the phone or in person

keep us up to date if you wanna share your travails. good luck and goo
recoveries

cheers
FD

Exactly what FD said. Keep us posted Blanchy about your recovery & hop
you're back on the pedally soon. :

--
cfsmtb

On Sat, 30 Jul 2005 09:42:25 +1000, Blanchy
wrote in aus.bicycle:

I was wiped out by a car yesterday as I was riding home after work or
rather I wiped myself out when I hit the gold magna that turned left
into my lane. I commute the 12k every day to work and as I was riding
home and travelling at about 30kmh past the front of Townsville hospital

(I assume you are covered for work from the time you leave your
property boundry to the time you return as in NSW)

Don't forget it is a work related accident covered by Workcover get
your employer involved.


Regards
Prickles

On 2005-07-30, Flying Echidna (aka Bruce)
was almost, but not quite, entirely unlike tea:
On Sat, 30 Jul 2005 09:42:25 +1000, Blanchy
wrote in aus.bicycle:

I was wiped out by a car yesterday as I was riding home after work or
rather I wiped myself out when I hit the gold magna that turned left
into my lane. I commute the 12k every day to work and as I was riding
home and travelling at about 30kmh past the front of Townsville hospital

(I assume you are covered for work from the time you leave your
property boundry to the time you return as in NSW)

Don't forget it is a work related accident covered by Workcover get
your employer involved.

Do you reckon PhD students under a government scholarship are under
workcover with the university?

--
TimC
Anyone who quotes me in their sig is an idiot. -- Rusty Russell.

Flying Echidna Wrote:
On Sat, 30 Jul 2005 09:42:25 +1000, Blanchy
wrote in aus.bicycle:

I was wiped out by a car yesterday as I was riding home after work or
rather I wiped myself out when I hit the gold magna that turned left
into my lane. I commute the 12k every day to work and as I was riding
home and travelling at about 30kmh past the front of Townsvill
hospital

(I assume you are covered for work from the time you leave your
property boundry to the time you return as in NSW)

Don't forget it is a work related accident covered by Workcover get
your employer involved.


Regards
Prickles

That's interesting... I'm glad the OP's injuries are not lif
threatening or permanent in natu a real possibility in these kind
of accidents. Is commuting covered by WorkCover?

Ritc

--
ritcho

"ritcho" == ritcho writes:

ritcho That's interesting... I'm glad the OP's injuries are not
ritcho life threatening or permanent in natu a real possibility
ritcho in these kinds of accidents. Is commuting covered by
ritcho WorkCover?

I don't think so, how can it? That's hardly something that's under the
control of the employer.

As far as I know the employer can only be held responsible if the
employer knows that the employee is under undue risk. For example, if
you turned up to work drunk as a lord then the employer has a duty of
care to ensure you get home safely. Other than that you're on your own.

And for me that's the way it should be. Last thing I want is my
employer telling me how I should go about getting to work. Before you
know it I'll be wearing full body armor plus helmet just to walk to the
incredibly safe train for my daily commute. Something as DANGEROUS as
CYCLING would be right out!
--
Cheers | ~~ __@
Euan | ~~ _-\,
Melbourne, Australia | ~ (*)/ (*)

ritcho Wrote:
That's interesting... I'm glad the OP's injuries are not lif
threatening or permanent in natu a real possibility in these kind
of accidents. Is commuting covered by WorkCover?

Ritch

My to/from work is covered by workcover. The FedGov is talking o
dropping it because "everyone has car insurance"

--
aeek