What's my next step?

[corbs]

Evening all,

A bit of background and then my question:)

Last week I was riding (push bike) from Bondi towards Bondi Junction on Bondi Rd when a parked van driver threw his door open infront of me. I tried to swerve but not enough notice and I hit the door and got thrown on the road. The driver was pretty upset and hung around until I had his mobile number and told him I was ok (an ambulance was on the way).

After trying to contact the driver with no success I left a message indicating that the accident had been reported to the police. He rang back half an hour after I left that message so I have the right phone number. I now have a quote to repair the bike but haven't been able to contact the driver again. I have left a few voice messages but he doesn't answer his phone.

Basically, my question is what options do I have available if I can't get in contact with the driver of the van to have his insurance fix my bike. He told me he has insurance but I really would like to get my bike fixed for when I'm back in Sydney week after next.

Regards
Corbs
(I'm fine too, have been in the shed for a clean out and some turning since:2tsup:)

[RETIRED]

Are you insured? Put it in the hands of your insurance company.

They will sort it out.

Otherwise notify the police.

Next time, get the rego number and view his licence and RING the police.:D

[corbs]

I got his rego number (I don't think he realised I did though:rolleyes:) and have an accident report number. I didn't see his licence though, I must admit I was pretty out of it after the accident though:-

If I don't hear back from him tomorrow morning I will call my insurance company and see what they have to say:).

[munruben]

I would contact the police, they may follow it up seeing as you have his phone number, they will be able to trace it to his address and if you are lucky may have a word with him and wake him up a bit.

[Mulgabill]

Hard luck Andrew!:C
I agree with munruben. However it is still worth running it by your insurance co. They may give you some guidance.

[I_wanna_Shed]

Very bad luck Corbs - wrong place at the wrong time. Glad to read you are ok though.

That's one of my fears when riding alongside parked cars. Although due to the state you were in you didn't get his licence details, I imagine he should have provided them, so that may be leaving the scene of an accident without exchanging details - which I think carries a decent fine.

I'm not sure what insurance covers you on a bike though? Are you with the NSW cycling mob who offers insurance?

Were there any witnesses?

Wish you luck with a speedy resolution.

Nathan.

[corbs]

I'm a social member of the Australian Defence Cycling Club which may have coverage but my home and contents might cover the damage to the bike if I have problems with the driver. As a member of Defence, medical isn't an issue I just want my bike fixed:)

At the scene the driver was really good and tried to help in any way possible. Its just been getting in contact with him since that I'm getting a bit worried about. I tried calling him 10+ times with no response and it was only after I mentioned that accident had been reported that he called me back. It may have been a coincidence but I have been calling (and leaving messages) for the last few days and still no contact.

[munruben]

At the scene the driver was really good and tried to help in any way possible. Its just been getting in contact with him since that I'm getting a bit worried about. I tried calling him 10+ times with no response and it was only after I mentioned that accident had been reported that he called me back. It may have been a coincidence but I have been calling (and leaving messages) for the last few days and still no contact.Definitely seems like he is trying to ignore you and hope you go away. Of course at the scene of the accident he would also be in shock but given a few days to think things over,some people seem to change their outlook on the event and don't want to face up to their responsibility.

[ian]

I'm a social member of the Australian Defence Cycling Club which may have coverage but my home and contents might cover the damage to the bike if I have problems with the driver. As a member of Defence, medical isn't an issue I just want my bike fixed:)Defence medical will almost certainly lodge a 3rd party claim on your behalf to recover your medical costs.

you may want to mention this when next youy text them.

you have their rego number, do you have their insurance details?

ring the Roads and Traffic Authority, briefly tell them what happened and ask them how do you go about obtaining the address that goes with the Rego so you can start civil proceedings against the owner for the damage you have suffered.
the RTA will almost certainly not tell you the address details, but they will tell you how to officially get it. Then text the person with a polite message along the lines ...
the easy way is to pay to fix my bike -- cost ~$400
the hard way is to go to court -- cost ~$4,000

[AlexS]

Front up to the police station where you reported it, and tell them you want to lay a complaint. It is much easier to obtain compensation if he is convicted of neg. driving. Have your statement about what happened prepared very clearly - where, when, where on the road you were riding, traffic conditions, what speed you were doing. There used to be a bicycle liaison squad, but I don't know if they still exist. They were very helpful.
Their response is unpredictable. Sometimes they will be very helpful, but often they will say that there is nothing they can do. This is pure laziness. If that is their response, tell the constable that you want to see his boss. If you get nowhere, ask for his name and politely make it clear that you will be taking it further.
You should get legal advice, probably through Bicycle NSW (http://www.bicyclensw.org.au/). If you try to ring him again, ring from a different phone, and don't leave a message. He's probably ignoring calls that he knows are from you.

[corbs]

This is becoming a bit of a saga now:-

The bike isn't covered by my home & contents insurance as it was being used at the time.

I reported the accident at Surry Hills station on the day it happened but it is to be investigated by Bondi Police as the accident was in their jurisdiction. I rang Bondi and the report hasn't been opened yet. The report is pretty comprehensive and there is a mention of my repeated attempts to contact the third party and messages being left... I have a copy of my statement here:)

I rang Bicycle NSW and they advised that insurance companies won't generally pay out until the police report has been completed. There wasn't much they could do to assist at this stage.

I still haven't been able to contact the third party and have been trying from my home phone and mobile. I have left another voice message and sent a text as well. At least if it becomes a legal matter I will have a lot of evidence behind me in that I tried to keep him informed of the progress:rolleyes:

Currently waiting to hear back from ADCC to see if my social membership has any support but would be greatly suprised if it did.

Will keep you posted:)

[corbs]

it just got worse...

Third party just answered their phone (:oo:) and claim to be working where there is no reception. He claims to not have the money to fix the bike or pay for the insurance (assuming he's referring to an excess) and questioned why it was costing so much to fix. He seems interested to discuss options but I really don't want to go down that avenue noting how hard its been to contact him.

I swore pretty loudly when I hung up the phone. I can see myself being stung pretty badly on this one:(

[Bob38S]

I think he is stalling - encouraging you to put whatever foot you can into it so that he has something to claim - even if he alleges that he tried to do the right thing and you became abusive.

Get yourself out of the position of dealing with him directly and use a third party [you could inform him that as you have tried this way and you do not appear to be coming up with a satisfactory solution that you will now be pursuing legal satisfaction] - this way you remove the emotion - document everything, date time, place, who was present and as much of the conversation you can remember accurately also get any phone records showing times, dates, numbers etc.

Claims of no money etc are really not your problem - your problem is the bike and to get it fixed. Harsh, perhaps, you appear to have tried to do the right thing so now it really becomes his problem.

[RETIRED]

I think he is stalling - encouraging you to put whatever foot you can into it so that he has something to claim - even if he alleges that he tried to do the right thing and you became abusive.

Get yourself out of the position of dealing with him directly and use a third party [you could inform him that as you have tried this way and you do not appear to be coming up with a satisfactory
solution that you will now be pursuing legal satisfaction] - this way you remove the emotion - document everything, date time, place, who was present and as much of the conversation you can remember accurately also get any phone records showing times, dates, numbers etc.

Claims of no money etc are really not your problem - your problem is the bike and to get it fixed. Harsh, perhaps, you appear to have tried to do the right thing so now it really becomes his problem.I second that.

Many years ago a truck I had got cleaned up a car speeding through a red light. He claims he didn't but 3 witnesses and the camera proved otherwise.

As he was young and just started his job and claimed he had no money or insurance and would lose his job if he had no licence, I let him off lightly by saying he could pay off the $10,000.

The accident was not reported to the police as no one was injured.

He didn't bother about paying any thing. He moved. His parents told me to get stuffed.

I was lucky that I found a policeman that was sympathetic and filed an accident report after seeing the camera footage and interviewing the witnesses.

It took 5 years and $4000.00 to get the little mongrel but we did. I got my money plus costs. He lost his licence and was fined heavily.

I have no sympathy for them now and the slightest accident, I ring the police.

[AlexS]

What Bob & said.
Can Bicycle NSW refer you to a solicitor that is expert in these matters? They used to have a few on the list. If you get a verdict against him, it becomes his problem, not yours.
Keep a note of everything - attempted phone calls, what he said, what you said, and of course, receipts.

I once had a case where a bloke had deliberately hit me while I was stopped at the lights. Fortunately, I had three witnesses, including a retired magistrate. When I walked down the road to the bike shop, one of the police from the bicycle liaison squad was moonlighting there. When he went to interview the bloke, he found some marijuana in his car. Some days are diamonds.

[ian]

At least if it becomes a legal matter I will have a lot of evidence behind me in that I tried to keep him informed of the progressdid you tell Defence medical taht the crash was a third party fault?
if you did, it should already be a legal matter as Defence medical (or department of Finance) will likely lodge a 3rd party claim on your behalf.

You could "innocently" mention this as the "guilty party's" failure to cooperate could render it very expensive for them to renew the insurance, and more so if they don't own the vehicle involved
it could be the vehicle was where it shouldn't ahve been!

also, follow up with RTA about how you get address of other party so you can start civil preceedings

[corbs]

The vehicle is registered in QLD and I have all the paperwork I need to get his details, just need to . I am on leave at the moment but am good friends with our senior medic onboard so will talk to her about that side of things when I get back.

One question though, I have the $$ to fix the bike. Would it harm my situation to get it fixed and then seek re-imbursement or should I just keep my busted bike until he can sort his situation out? I would much rather have my road bike in Sydney rather than get around on my MTB.


Corbs

[Bob38S]

I'm not sure on this one but I'm sure others will be.

That being said, my initial thoughts would be - get it fixed but only after an independent assessment by a qualified assessor, written quote[s], [do the Arlo Guthrie bit from Alice's Restaurant] take a heap of photos [date stamped] with descriptions of each bit from all angles - printed copies can be initialled by the assessor. Should any of this cost then a claim for the incurred costs could be included in your overall claim.

I could be wrong but this sounds OK to me but I stand to be corrected.

Regards,
Bob

[AlexS]

Doing what Bob says should see you right. I've done it with just receipts for the repairs, but they tried unsuccessfully to claim that I'b replaced the parts with better than original.

[ian]

The vehicle is registered in QLD and I have all the paperwork I need to get his details, just need to . I am on leave at the moment but am good friends with our senior medic onboard so will talk to her about that side of things when I get back.that's an added "lever" for you. If the vehicle is registered in QLD, and the driver has lived in Sydney for more than 3 months then technically the vehicle is unregistered and uninsured -- an added reason for him to settle with you rather than have the cops knocking at his door

[Fuzzie]

If it is anything like some of the bike lanes I have seen painted on roads, it would be the councils fault for drawing make believe lane space on an inadequately wide road.

If you hit a vehicle in front from behind I would suggest to check legally that you are not actually at fault.

[corbs]

...when a parked van driver threw his door open infront of me. I tried to swerve but not enough notice and I hit the door and got thrown on the road....


Fuzzie, hard to understand how I could be the at fault noting the above scenario. I should also point out that I always ride with a white flashing strobe on the front and a red strobe on the rear. I wear a helmet and stop for red lights and little old ladies:wink:

Please don't confuse my riding with the plethora of idiots you may see around Sydney and other areas, they ##### me to tears and I have no issue with telling them so:~. It's their poor riding behaviour that gives the rest of us a bad name and makes it hard to be taken seriously as a valid road user.

[Fuzzie]

Sorry Corbs, I'm not anti cyclist and I'm glad you weren't badly injured, I just thought I'd raise the question of legally at fault .vs. rationally at fault seeing you don't seem to know where your rights to claim lie. Getting legal advice early can't be that harmful.

Insurance companies and lawyers LOVE to make the distinction and its not always the obvious outcome (Check your flood cover). The first rule on any insurance company advice on what to do at the scene of an accident is not to admit liability.

You haven't indicated if you were riding in a bike lane or to the side of the normal traffic lane or if the car was parked in a marked space, so I'd say there are a lot of questions a lawyer may ask before making a case.

It does raise the issue however of whether cyclists should carry at least 3rd party insurance for riding on public roads, if not comprehensive depending on the value of your cycle.

[Foo]

So Fuzzie, what would your response be to some clown opening their car door , while you are approaching in your car and you not having enough time to respond?

This bloke is in the wrong for not taking due care and attention, before alighting from a stationary vehicle in a safe manner. :roll:

Don't take this personally, but I get sick of the responsibility being thrown back at the people not at fault. There is no difference to pulling out in front of someone and them hitting you.:no:

Your at fault so you pay! :?

[Fuzzie]

So Fuzzie, what would your response be to some clown opening their car door , while you are approaching in your car and you not having enough time to respond?


Drive through it, take his car door off and let the Insurance company sort it out because in Queensland he would have been disobeying clause s269 of the Queensland road rules.

Having been riding for 50 years and driving for 40 years, I appreciate both the value of having a big steel box around me on a shared vehicle road and of having a suitable insurance policy.

[Jim Carroll]

Remember that no accident claim is for 100%

They claim that because you were there you are 50% to blame

My son had an accident where he ran into the rear of a car that came out in front of him. He had no where to go but rear end the car in front. The insurance blamed him 60% because he rear ended the car and the other 40% for the the other driver.

No one was hurt sons car written of because it was going to cost too much for repairs.

Further consquence is that his insurance premium is now higher and because he has had an accident harder to get insurance anywhere else at a lower rate.

And I would bet the other driver will be paying a higher premium.

Andrew it may be easier to fix the bike and see what the outcome is later, you may be up for more money.