Car Accident

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.

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 80scartoons.co.ukbatfinkquote.mp3Open ↗ ** President of the ozemail.* and uunet.*
NG's ** since August 15th 2000.

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 80scartoons.co.ukbatfinkquote.mp3Open ↗ ** 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 80scartoons.co.ukbatfinkquote.mp3Open ↗ ** 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.

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 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.

"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 80scartoons.co.ukbatfinkquote.mp3Open ↗ ** President of the ozemail.* and uunet.*
NG's ** since August 15th 2000.

In article 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 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 bisa.asn.aujoin.htmlOpen ↗ 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

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

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

Quoted message said:

In article 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.

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

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