Car Accident

MN <[email hidden]> wrote in
message news:[email hidden]...

Quoted message said:

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 [censored] 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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

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

Quoted message said:

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

Quoted message said:

the road with the bike on top of me. Lukily I was wearing a backpack with

my

Quoted message said:

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.

Quoted message said:

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

Quoted message said:

had no lights it was my fault and they wern't paying. They soon shut up

when

Quoted message said:

I showed them the bike with backlight still working and front light

smashed

Quoted message said:

from the accident. So they agreed to either pay or claim insurance

depending

Quoted message said:

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

Quoted message said:

today. The drivers husband claims when they reported the accident the

police

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

This is obviously not true considering the speed
I was travelling and the distance I ride everyday.

It's not that "obvious".

Quoted message said:

Also how could the driver
know if one minute she claims I had no lights and she didn't see me but

now

Quoted message said:

claims she did see me on the footpath.

That's for your solicitor to argue.

Quoted message said:

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?

Quoted message said:

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.

Quoted message said:

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.

If the driver was at fault, then you should obviously stand your ground
and insist on compensation. I assume you have all their details - name,
address, registration no., etc? You should also report the accident to
the police separately, and give your side of the story. Go to the same
police station if you can and make sure the driver and her husband know
you have done so. Put a copy of the quote in a letter to them demanding
payment of a specific sum and let them know that if you don't receive
payment within 7 days you reserve the right to take legal action. If you
have heard nothing after 7 days, you can look at a small claims court
action - contact your local court who may have some information as to
how to go about this.

--

Quoted message said:

--------------------------<

Posted via cyclingforums.com
http://www.cyclingforums.com

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.

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.

"Rod Speed" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

MN <[email hidden]> wrote in
message news:[email hidden]...

Quoted message said:

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 [censored] 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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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

Quoted message said:

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

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" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

"MN" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

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

Quoted message said:

Quoted message said:

pulled out of a side street straight into me. The middle of the cars

bonnet

Quoted message said:

slammed into my side with most of the damage to the rear wheel. Myself

and

Quoted message said:

Quoted message said:

the bike went flying over the bonnet flipped over and landed upside down

on

Quoted message said:

the road with the bike on top of me. Lukily I was wearing a backpack

with

Quoted message said:

my

Quoted message said:

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.

Quoted message said:

The next day
she and her husband were around my house claiming they wanted to see if

I

Quoted message said:

Quoted message said:

was alright. However they were more interested in informing me that

since

Quoted message said:

I

Quoted message said:

had no lights it was my fault and they wern't paying. They soon shut up

when

Quoted message said:

I showed them the bike with backlight still working and front light

smashed

Quoted message said:

from the accident. So they agreed to either pay or claim insurance

depending

Quoted message said:

on how much it would cost to fix the bike. I got a quote (about $500)

for

Quoted message said:

Quoted message said:

my bike and also my watch which has a crack in the face and took it to

them

Quoted message said:

today. The drivers husband claims when they reported the accident the

police

Quoted message said:

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

Quoted message said:

be interested to see what it says.

Quoted message said:

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.

Quoted message said:

This is obviously not true considering the speed
I was travelling and the distance I ride everyday.

It's not that "obvious".

Quoted message said:

Also how could the driver
know if one minute she claims I had no lights and she didn't see me but

now

Quoted message said:

claims she did see me on the footpath.

That's for your solicitor to argue.

Quoted message said:

Anyway I was wandering what I should do now or if anyone has any

expeience

Quoted message said:

Quoted message said:

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?

Quoted message said:

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.

Quoted message said:

The driver was the only
occupant of the car and does have comprehesive insurance. However she

can

Quoted message said:

Quoted message said:

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 [censored] right up him. You can
potentially get thousands out of them if they mess with you.

Rod Speed said:

MN <[email hidden]> wrote in
message news:[email hidden]...

Quoted message said:

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 [censored] 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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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 said:

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.

Quoted message said:

They are refusing to contact the insurance company at all.

As you've seen, the insurance company will contact them, if they don't.

Quoted message said:

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 <[email hidden]> wrote in
message news:[email hidden]...

Quoted message said:

Thanks for the reply,

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

"The Raven" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

"MN" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

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

Quoted message said:

Quoted message said:

pulled out of a side street straight into me. The middle of the cars

bonnet

Quoted message said:

slammed into my side with most of the damage to the rear wheel. Myself

and

Quoted message said:

Quoted message said:

the bike went flying over the bonnet flipped over and landed upside down

on

Quoted message said:

the road with the bike on top of me. Lukily I was wearing a backpack

with

Quoted message said:

my

Quoted message said:

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.

Quoted message said:

The next day
she and her husband were around my house claiming they wanted to see if

I

Quoted message said:

Quoted message said:

was alright. However they were more interested in informing me that

since

Quoted message said:

I

Quoted message said:

had no lights it was my fault and they wern't paying. They soon shut up

when

Quoted message said:

I showed them the bike with backlight still working and front light

smashed

Quoted message said:

from the accident. So they agreed to either pay or claim insurance

depending

Quoted message said:

on how much it would cost to fix the bike. I got a quote (about $500)

for

Quoted message said:

Quoted message said:

my bike and also my watch which has a crack in the face and took it to

them

Quoted message said:

today. The drivers husband claims when they reported the accident the

police

Quoted message said:

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

Quoted message said:

be interested to see what it says.

Quoted message said:

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.

Quoted message said:

This is obviously not true considering the speed
I was travelling and the distance I ride everyday.

It's not that "obvious".

Quoted message said:

Also how could the driver
know if one minute she claims I had no lights and she didn't see me but

now

Quoted message said:

claims she did see me on the footpath.

That's for your solicitor to argue.

Quoted message said:

Anyway I was wandering what I should do now or if anyone has any

expeience

Quoted message said:

Quoted message said:

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?

Quoted message said:

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.

Quoted message said:

The driver was the only
occupant of the car and does have comprehesive insurance. However she

can

Quoted message said:

Quoted message said:

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 <[email hidden]> wrote in
message news:[email hidden]...

Quoted message said:

Thanks for the reply,

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

"Rod Speed" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

MN <[email hidden]> wrote in
message news:[email hidden]...

Quoted message said:

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 [censored] 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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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

Quoted message said:

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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 <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

Trying to argue bikes are "much less visible
than a car" is doomed to fail for them.

Wota [censored] [censored]. Even motorbikes are much less
visible than cars and everyone who drives much has got
a rude surprise when one has shown up unexpectedly.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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 [censored] right up him.

And if the insurance company just pays
the claim, he's completely irrelevant.

Quoted message said:

You can potentially get thousands
out of them if they mess with you.

Only by risking substantial money on legal parasites.

Quoted message said:

Rod Speed said:

MN <[email hidden]> wrote in
message news:[email hidden]...

Quoted message said:

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 [censored] 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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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.

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 said:

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

In article <[email hidden]>, MN

Quoted message said:

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>

Quoted message said:

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.

Quoted message said:

The next day
she and her husband were around my house claiming they wanted to see if I
was alright.

Did they admit guilt?

Quoted message said:

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.

Quoted message said:

They soon shut up when
I showed them the bike with backlight still working and front light smashed
from the accident.

Good on ya.

Quoted message said:

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.

Quoted message said:

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.

Quoted message said:

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?

Quoted message said:

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.

Quoted message said:

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.

In article <[email hidden]>, MN

Quoted message said:

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.

Quoted message said:

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.

"MN" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

Thanks for the reply,

I was the one that made the initial police report.

Did they charge the driver or apportion any blame?

Quoted message said:

I would rather not use a
solicitor because I am worried about how much it is going to cost. The

total

Quoted message said:

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.

Quoted message said:

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.

MN said:

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

"Peter" <[email hidden]> wrote in message news:[email hidden]...

Quoted message said:

In article <[email hidden]>, MN

Quoted message said:

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.

Quoted message said:

No you can make a claim on their policy.

Wrong. You can certainly make a claim on them via their insurance company tho.

Quoted message said:

Quoted message said:

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.

Quoted message said:

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.

And it makes more sense to use the small claims system if you can.

I have worked in public liability situations. Insurance companies are very
fast to settle small claims unless they think they really can win in court.
What tends to happen is that if its a small claim then they like to settle
quickly to decrease the likelihood you will get someone in your ear telling
you that your back must really be sore and get a couple of Dr Nicks in on
the game.

I would go that direction before consulting legal advice. If you are just
in it for a fair amount then I would do that. I expect you got yourself
thouroughly checked out by your Doctor. You dont want to be stuck with any
future problems. You should do this before signing any waivers. Its a real
shame you didnt call the police.

Pete

I was hit earlier in the year......similar situation but I was only doing
about 35 km/h and it was the middle of the day. I ended up with big bruise
on my calf where the car's bumper hit me, a bigger bruise on my bum where I
hit the road, and a slightly sore neck and back. I didn't report it to the
police (wasn't aware that I had to ) as the guy was pretty cool about it and
immediately signed a statement admitting that it was entirely his fault and
that he would pay any damages. He paid for my bike to get fixed and a new
helmet (head hit the ground pretty hard) and I was pretty happy to let it go
at that. My bruises and the soreness in my back and neck were all gone
within a couple of weeks (I probably have had worse playing footy)

I have since had a few mates tell me that I should have just layed on the
road and faked an injury to my back/neck so that I could have then
subsequently sued the guy. Although it might sound like a quick and easy
way to a payout, I was pretty glad that I didn't pursue that path because
apart from being dishonest, I would hate to be one of these guys who ends up
on A Current Affair or something when a truck drives past my house and
"accidently" drops a bag of cement which I then throw on my shoulder and put
in the shed. I told these guys that it was a [censored] attitude to take but
I think that it is one that is prevalent in todays society (These guys also
reckon that if they were waiting to cross the road when that accident
happened on Hoddle St (two trams and a bus collided), they would have run to
get on one of the vehicles so that they could then have gotten off holding
their necks..............

I am not suggesting that MN is just looking for easy money (appears he was
only after money for bike and watch repairs), but it is my opinion that if
he is after compensation for injuries, that the amount should be
commensurate with the extent of the injuries. I am pretty well against
these "legalOs" who work on a "No win, no fee" basis as I believe they
convince the victims of accidents to claim for more than is necessary and
fair. (When I was in Canberra there were some pretty dodgy looking
advertisments for this type of legal representation).

Anyway, I'll get off the soapbox now.

Gags

"John Doe" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

I have worked in public liability situations. Insurance companies are

very

Quoted message said:

fast to settle small claims unless they think they really can win in

court.

Quoted message said:

What tends to happen is that if its a small claim then they like to settle
quickly to decrease the likelihood you will get someone in your ear

telling

Quoted message said:

you that your back must really be sore and get a couple of Dr Nicks in on
the game.

I would go that direction before consulting legal advice. If you are just
in it for a fair amount then I would do that. I expect you got yourself
thouroughly checked out by your Doctor. You dont want to be stuck with

any

Quoted message said:

future problems. You should do this before signing any waivers. Its a

real

Quoted message said:

shame you didnt call the police.

Pete

MN said:

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.

Interesting that you don't tell the usual details - eg who had right
of way?

Quoted message said:

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.

I would take it to a Small Claims Court. Let them deal with the
insurance company. The insurance company can claim a right to have the
case subrogated to them - being the insurers. They may defend the case
on behalf of their client - however first before they can do so they
HAVE to admit liability and merely argue quantum. If they DON'T admit
liability they have no business in the case at all. You need to seek
reimbursement for any out of pocket medical costs, loss of wages, and
something for pain and suffering I would think, as well as for the
repair of the bike.

The cost is $60 to lodge a Civil (Small Claim) Action. This has to be
in a Court closest to where the accident occurred - the Magistrates
Court in the City in this case.

The likelihood of success..... who knows, you haven't said if you had
to give way or not. That said, you managing to get in front of the car
before being hit lends weight to you "being in the right" - this
doesn't mean 100% right. It will be a major or minor % of the total,
that depends on the day and exactly what happened.

--
SIR - Philosopher unauthorised
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The one who is educated from the wrong books is not educated, he is
misled.
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