Commuting accident question

[Bodin]

Howdy - got hit by a car, resulting in a short trip to the hospital last night.

It was a pretty spectacular faceplant that left me with a stitch in my chin and an unbelievably sore shoulder, but fortunately no broken bones.

My question is in regards to the fact that police attended the scene and interview myself and the driver, making it an official accident report. Now I've had to fill in a TAC accident report.

I was pretty hazy throughout the couple of hours that I was at the scene of the accident and the hospital, so I don't really know what happens now.

If I have the details of the driver, is it my responsibility to follow up with him? Does the TAC claim cover my costs?

I don't intend to pursue charges or anything... it was just a shit happens moment...

[Dozer]

I am fairly sure that once an official report has been filed that the Police have means to pursue the case. I say this because on two ocassions I've heard of people involved in an accident calling the Police after the report has been done to see what is happening. The Police have then said that they will contact the people involved.

[alchemist]

Bugger Bodi, glad you're OK. This may help you out

http://www.bv.com.au/join-in/40011/

[Bodin]

Bugger Bodi, glad you're OK. This may help you out

http://www.bv.com.au/join-in/40011/

Perfect. Thanks mate.

[Dumbellina]

I hope you get back on the bike soon...

Now we know you're ok if sore, how's the bike?

[Drop_Bear]

TAC will give you a claim number. They have the duty to cover any medical costs resulting from the accident including GP's, physio, chiro even acupuncture. Be aware that they are just another insurance company when it comes down to it so you have to chase them up and be vigilant. It doesnt even matter who is at fault so pretty much everything they need to know will be on your hospital records.

His car insurance should cover your bike if he is at fault so you can chase that up with him if you wish. If he's a decent person he will do the right thing. Good luck with it all and get better soon.

[rhysrhysbaby]

can we get a bit of a rundown on what actually happened?

[Woodsie]

TAC will give you a claim number. They have the duty to cover any medical costs resulting from the accident including GP's, physio, chiro even acupuncture. Be aware that they are just another insurance company when it comes down to it so you have to chase them up and be vigilant. It doesnt even matter who is at fault so pretty much everything they need to know will be on your hospital records.

His car insurance should cover your bike if he is at fault so you can chase that up with him if you wish. If he's a decent person he will do the right thing. Good luck with it all and get better soon.

But also remember that even if he is decent, the claim will probably be handled by his insurance company, and nearly all insurance companies are c*nts. So if he says everything is going to be cool and his insurance is going to handle it, he may be right but be diligent with the insurance company. On the other hand if you have hassles with them, it isn't necessarily the driver's fault.

[Bodin]

Thanks heaps for all the advice, guys. Nice to get a bit of support when you're feeling a bit ordinary.

can we get a bit of a rundown on what actually happened?

Yeah - pretty simple situation, really.

I was riding along in the bike lane of a fairly major road here in Melbourne (Flemington Rd) at around peak hour, so I'm travelling much faster (40kph - that bit's slightly downhill) than the bumper-to-bumper cars next to me (10kph).

I'm looking up the road a bit to where there are some cars sitting in the bike lane and trying to work out what to do.

As I come up to a street on my left, one of the people stuck in the traffic decides to make a quick left-hand exit out of the crush down that street, but doesn't think to check if any cyclists might actually be using the bike lane.

I get a split second to see the bloke pulling out in front of me, try and swerve around him (it's too late to brake), get my front wheel past, think I'm in the clear, but he bangs in to my leg and sends me flying.

Smacking the road with your jaw makes a really loud noise. I was scared I'd busted it, but it looks like all my bones have stayed in one piece.

Thankfully the driver stopped, the first witnesses on the scene were doctors from the local hospital and then some friends from work spotted me on their way home and took my bike and everything was sorted out pretty quickly.

I'll post pics of the bike later, as it's still at my boss's house and I'm waiting for him to drop it around tonight. The front wheel's a taco and I broke one of my brand new sexy Avid SL brake levers, but I'd rather break a brake lever than a collarbone (or jaw!), so I'm feeling pretty lucky. :cool:

[bighitter]

Damn man, atleast you came out relatively unscathed though

my brand new sexy Avid SL brake levers

are these the ones you got from me

[Bodin]

are these the ones you got from me

Yep. All farked now. What a waste. Only used them for a few weeks. And they were so pretty. Looks like it's back to the trusty ol' XTs that I've been using since the '90s.

[rhysrhysbaby]

Thanks heaps for all the advice, guys. Nice to get a bit of support when you're feeling a bit ordinary.



Yeah - pretty simple situation, really.

I was riding along in the bike lane of a fairly major road here in Melbourne (Flemington Rd) at around peak hour, so I'm travelling much faster (40kph - that bit's slightly downhill) than the bumper-to-bumper cars next to me (10kph).

I'm looking up the road a bit to where there are some cars sitting in the bike lane and trying to work out what to do.

As I come up to a street on my left, one of the people stuck in the traffic decides to make a quick left-hand exit out of the crush down that street, but doesn't think to check if any cyclists might actually be using the bike lane.

I get a split second to see the bloke pulling out in front of me, try and swerve around him (it's too late to brake), get my front wheel past, think I'm in the clear, but he bangs in to my leg and sends me flying.

Smacking the road with your jaw makes a really loud noise. I was scared I'd busted it, but it looks like all my bones have stayed in one piece.

Thankfully the driver stopped, the first witnesses on the scene were doctors from the local hospital and then some friends from work spotted me on their way home and took my bike and everything was sorted out pretty quickly.

I'll post pics of the bike later, as it's still at my boss's house and I'm waiting for him to drop it around tonight. The front wheel's a taco and I broke one of my brand new sexy Avid SL brake levers, but I'd rather break a brake lever than a collarbone (or jaw!), so I'm feeling pretty lucky. :cool:

Seems pretty standard affair for flemington road. People tend to like merging into the bike lane a lot especially when u get down near the racecourse road lights.
I commute to and from the city each day along there but I'm on the road before 7am and home by 4pm so miss a lot of the traffic. Its good that you're not hurt too bad and also didn't land on another car.

[Fusion]

Whoah! Glad to hear you're ok, Bo! Since I've been driving to my work now for a bit, I do notice that a lot of people treat the bike lane as an optional extra to be used at any time there isn't a bike in front of them. They'll speed down the bike lane only to be caught at the lights by everyone they just passed. It's pretty annoying...

Was the bike your new SS? At least you have a reason to get a nice new front wheel. :D

[Bodin]

Was the bike your new SS? At least you have a reason to get a nice new front wheel. :D

Yep, the Sabrosa is going to be needing some intensive care. All this when I've finally tweaked enough things to get it feeling right. I've got no idea how mangled anything apart from the brake lever got, but I'll be spewing if the frame's damaged, 'cause I know we've only got a medium in the shop.

My shoulder aches llike holy hell. These drugs are pissweak. Damn responsible triage nurses!!! Why couldn't they give me the good stuff?!?!?

[alchemist]

Just got off the phone to a mate who was hit by a taxi on Monday night - the result a broken hand and two smashed knee caps that too 6 hours of surgery yesterday to put back together.

[Christo]

Bugger, hope all heals well and on the new 29er too. Oh well, all's well that ends without dying...

[AngoXC]

What is the deal with Bicycle Victoria anyways? I was talking to a lady at work who was knocked off her bike. Insurance wanted nothing to do with her untill she mentioned her BV membership...suddenly there was a lot more involvment on the insurance companies behalf...

[alchemist]

Fending of you as an individual is cheap. Fending of you with a certain amount of free legal adivce from people very experienced in this area suddenly gets very expensive for them.

[Dumbellina]

Yep. All farked now. What a waste. Only used them for a few weeks. And they were so pretty. Looks like it's back to the trusty ol' XTs that I've been using since the '90s.

WARRANTY WARRANTY WARRANTY - "I was just riding along..."

[Bodin]

"I was just riding along..."

That's the funny thing - I was just riding along! Then a split second later I was eating sh!t...

Been to the shop today - including my busted helmet, the very comprehensive quote for repairs came to almost $1500.

The driver doesn't want to go through his insurance (I suspect he doesn't have any) and has offered me 50%. If he can go a bit higher than that and sort me out tomorrow, I think I'm going to accept it.

Anyone think this is a bad idea?

[TonyG]

That's the funny thing - I was just riding along! Then a split second later I was eating sh!t...

Been to the shop today - including my busted helmet, the very comprehensive quote for repairs came to almost $1500.

The driver doesn't want to go through his insurance (I suspect he doesn't have any) and has offered me 50%. If he can go a bit higher than that and sort me out tomorrow, I think I'm going to accept it.

Anyone think this is a bad idea?

Yes, I think it is only fair he pays the lot. He's lucky he isnt paying a massive medical bill. I'd mention the sore shoulder to him and say you are thinking of speaking to a specialist on that too.
I'm not suggesting he did anything too careless in the accident but he is still responsible.

[Bodin]

Yes, I think it is only fair he pays the lot. He's lucky he isnt paying a massive medical bill. I'd mention the sore shoulder to him and say you are thinking of speaking to a specialist on that too.
I'm not suggesting he did anything too careless in the accident but he is still responsible.

Fair enough. Appreciate your advice. Thanks.

[Sic]

It seems strange that the driver doesnt want to go through their insurance but is happy to pay $750, it probably wouldnt cost anymore than paying for half. In fact it would probably be cheaper ( I know my car excess is around $500) maybe they dont want to effect their insurance rating which could be a bit of leverage for you.

If you have decent witnesses and can be bothered going through all the potential hassles then you should be able to force the driver to claim it on their insurance. They were after all at fault and see, to have admitted so.

If you dont feel like a fight take half, thats better than most people offer, in fact most drivers ive had run ins with dont even consider a bike a vehicle let alone paying to repair the damage they've caused.

[TonyG]

Fair enough. Appreciate your advice. Thanks.

Another quick thing, I take it by the way you are being so reasonable about it, he was pretty decent guy. Be that as it may, he is definitely responsible for the accident (as you discribed it) and although you'd probably like to put the whole incident behind you and move on, don't short change yourself and let him get off. If he really was anyway a half decent bloke he wouldnt be offering you half.
Best of luck and I hope it all works out.

[n plus one]

Yep if he's got a 60% no claim at stake paying you out $750 would be a smart move for him.

I wouldn't imagine that he'll ask you to sign anything but keep in mind not all injuries are immediately apparent - you may end up with a good solid chiro bill in the long run, or something a lot worse - for example I spent about six months getting treated for a sore 'shoulder' until someone finally realized I;d actually herniated a disc in my neck which was pressing on my spinal column ans causing the muscles in my shoulder to spasm like sons o' bitches.

Not wishing anything on you, just pays to be aware though.

[Bodin]

It seems strange that the driver doesnt want to go through their insurance but is happy to pay $750, it probably wouldnt cost anymore than paying for half. In fact it would probably be cheaper ( I know my car excess is around $500) maybe they dont want to effect their insurance rating which could be a bit of leverage for you.

I've been thinking this too, which is why I strongly suspect he's not insured. Not once, in five conversations, has he been definitive about his insurance status.

most drivers ive had run ins with dont even consider a bike a vehicle let alone paying to repair the damage they've caused.

Ain't that the truth! Their reaction gets even better when they learn, for the first time in their life, that a single wheel, let alone an entire bike, can cost more than $300! :eek: They think we're all out there riding Huffys!

[Drop_Bear]

Meet him 1/2 way and remind him he was 100 % at fault. $750 wouldnt be a bad deal and you can pick up some 2nd hand parts, who knows.. Think of it this way, you are getting SOMETHING when you may very not get anything at all. Depends if you are willing to fight for it but sometimes it's better to just get what you can and move on asap.

PS. You leave Huffy's alone !! Where else can you get a dual suspension bike that costs 1/2 of what my pedals alone do ?

[Bodin]

Best of luck and I hope it all works out.

Not wishing anything on you, just pays to be aware though.

Thanks again for the advice, guys. I've got an appointment with my GP on Monday arvo and will make a decision after that, when I've got a better grip on where I'm at.

[bg851]

I've been thinking this too, which is why I strongly suspect he's not insured. Not once, in five conversations, has he been definitive about his insurance status.



Ain't that the truth! Their reaction gets even better when they learn, for the first time in their life, that a single wheel, let alone an entire bike, can cost more than $300! :eek: They think we're all out there riding Huffys!

Probably doesnt have a licence either, therefore shouldnt have even been on the road??

[TonyG]

Sorry to keep adding bits to the thread, I should have thought this through from the start.
Just as guide to the insurance thing. I had the unfortunate experience of having some twat throw a brick through my back window and take my CD player. At the time there looked to be heaps of damage as he broke the console of the car getting it out and also when he threw the brick it glanced off the body work and dented the car, so I claimed my insurance. Turned out it would have cost me under $1k to fix and get a new CD player. I ended up paying my $350 excess and thought I was way ahead, until the next year when I had my bills come through. With increases in premiums it ended upcosting me another $1.5k to $2k, as both my boat and car insurance went up (Same provider). It would have been far cheaper to just pay it myself.
So long story short he maybe more willing to go to his insurance if he was convinced he had to pay it all. In addition, if your injuries end up worse than you first thought, as n plus one said, then you may need this to claim as well.
So I would strongly suggest your idea of waiting till you speak to the doctor before making a decision is the best.