Wiped out by a car

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

Quoted message said:

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

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

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

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

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

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

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

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

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

Dear Xxxxxxxx,

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

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

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

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

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

Without prejudice.

Yours faithfully

Yyyyyyyyyyy

ooowww!!

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

Get all the details with you

Ambo, hospital or doctors/medical will be covered by TAC (that's not just a Vic phenomenom is it?), attending police officers, witnesses (any?)

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

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

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

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

cheers
FD

Blanchy said:

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

*ouch* I'm so sorry to hear of this. I do hope that everything heals just as it should.

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

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

cheers,
ali

flyingdutch said:

ooowww!!

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

Get all the details with you

Ambo, hospital or doctors/medical will be covered by TAC (that's not just a Vic phenomenom is it?), attending police officers, witnesses (any?)

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

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

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

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

cheers
FD

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

On Sat, 30 Jul 2005 09:42:25 +1000, Blanchy
<[email protected]> wrote in aus.bicycle:

Quoted message said:

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

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

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

Regards
Prickles

On 2005-07-30, Flying Echidna (aka Bruce)
was almost, but not quite, entirely unlike tea:

Quoted message said:

On Sat, 30 Jul 2005 09:42:25 +1000, Blanchy
<[email protected]> wrote in aus.bicycle:

Quoted message said:

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

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

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

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

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

Flying Echidna said:

On Sat, 30 Jul 2005 09:42:25 +1000, Blanchy
<[email protected]> wrote in aus.bicycle:

Quoted message said:

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

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

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

Regards
Prickles

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

Ritch

Quoted message said:

Quoted message said:

Quoted message said:

>> "ritcho" == ritcho <[email hidden]> writes:

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

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

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

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

ritcho said:

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

Ritch

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

"ritcho" wrote in message...

Quoted message said:

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

Yes

http://www.workcover.nsw.gov.au/FAQs/WorkersCompensation/Eligibility/EligibilityQ5.htm

Parbs

ritcho said:

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

Ritch

Not in Victoria, we lost that cover a few years back now. From memory it
was only cyclign that was excluded.

DaveB

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

Quoted message said:

ritcho wrote:

Quoted message said:

Quoted message said:

Is commuting covered by WorkCover?

Not in Victoria, we lost that cover a few years back now. From memory it
was only cyclign that was excluded.

One of the many workers rights that were 'jeffed'. Motorists maintained
cover under TAC, PT passengers were covered under PTC insurance, only
cyclists in non-motor vehicle related accidents lost out. That's why BV
brought in accident injury insurance as part of their membership. If you are
hit by a car you get TAC cover.

Cheers
Peter

flyingdutch said:

ooowww!!

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

Get all the details with you

Ambo, hospital or doctors/medical will be covered by TAC (that's not
just a Vic phenomenom is it?), attending police officers, witnesses
(any?)

I think that the Vic system is different to other states. Blanchy would
be best to contact a lawyer. Get his story written down first (well I
suppose he's done that in part already here).

Quoted message said:

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

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

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

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

cheers
FD

--
Peter McCallum
Mackay Qld AUSTRALIA

On Sat, 30 Jul 2005 19:39:37 +1000, ritcho
<[email hidden]> wrote in aus.bicycle:

Quoted message said:

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

I can only speak for NSW but yes. Last year I broke three ribs when I
was hit by a car as I cycled to work workcover copped all the medical
expenses, Xrays etc. If my employers costs were more than $2000 then
they went after the offender to recover them (he went through a red
light). That is the advantage of working for a big company I guess

You used to be covered from your front door but that was changed to
your property boundary.

Regards
Prickles

Flying Echidna said:

On Sat, 30 Jul 2005 19:39:37 +1000, ritcho
<[email hidden]> wrote in aus.bicycle:

Quoted message said:

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

I can only speak for NSW but yes. Last year I broke three ribs when I
was hit by a car as I cycled to work workcover copped all the medical
expenses, Xrays etc. If my employers costs were more than $2000 then
they went after the offender to recover them (he went through a red
light). That is the advantage of working for a big company I guess

You used to be covered from your front door but that was changed to
your property boundary.

Regards
Prickles

Common law rule is that you are covered when travelling to and from work by your usual reasonably direct route (eg if you detour to the boozer and fall over [censored] you are unlikely to be covered). HOWEVER, this rule is statutorily modified in a number of jurisdictions to exclude the work journey from compo cover, either in full or in part. I know WA is one, there may be others. Enquiries with local workcover authority/insurer and/or lawyers should clarify.

And most importantly, Blanchy, thank goodness you walked/limped/were helped away from this one relatively unscathed. Get better soon.

SteveA

Blanchy said:

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

glad to hear you are ok and good luck with the recovery, hopef you are back cycling again soon on your new bike, I guess the only good thing to come out of it, as well as a little less trust of cars and their drivers.

I'm in a particularly hostile mood this morning (not a great commute), so all I have to say is this:

Sorry to hear about the accident. Hope you recover quickly.

And because I'm feeling hostile:

Clobber the stupid b!tch responsible for this.

LotteBum (ANGRY!)

LotteBum said:

I'm in a particularly hostile mood this morning (not a great commute),
so all I have to say is this:

Sorry to hear about the accident. Hope you recover quickly.

And because I'm feeling hostile:

Clobber the stupid b!tch responsible for this.

LotteBum (ANGRY!)

Thanx for the support guys I really appreciate it. I have been back to
the doc and have been given 4 days off and have had to make appts for
ultra scans and blood tests apparently there is still a fair bit of
blood in the urine and the doc is bit concerned about the kidneys. I am
walking with a lean just to take the pressure off my right side and it
takes about 5 mins to get out of bed or the car because I have to twist
my body and that hurts! otherwise I feel fine.
I have picked up my bike from Hospital security and just from looking at
it seems that it sustained very little damage,the front wheel is still
true and the forks look straight which is surprising considering that
the impact smashed her windscreen. I have done more damage to the bike
by riding slowly into a guide post.(But thats another embarrassing
story). I will still take it down to the LBS to get them to check it out
properly. I was sort of hoping that it would be a bit more bent so I
could claim on her insurance for an upgrade to a Trek 1400. My helmet
has a crack in it so I will probably claim for that and should replace
the helmet after a good ding anyway supposedly. I am yet to make contact
with the driver but I have all her details. As far as compo /work
cover is concerned I am in the army so I am covered 24/7 for medical
expenses although I have been told I can claim military compo if I sue
the driver but I have to find out a bit more about it and not too sure
if want to travel down that road.

Blanchy said:

Thanx for the support guys I really appreciate it. I have been back to
the doc and have been given 4 days off and have had to make appts for
ultra scans and blood tests apparently there is still a fair bit of
blood in the urine and the doc is bit concerned about the kidneys. I am
walking with a lean just to take the pressure off my right side and it
takes about 5 mins to get out of bed or the car because I have to twist
my body and that hurts! otherwise I feel fine.
I have picked up my bike from Hospital security and just from looking at
it seems that it sustained very little damage,the front wheel is still
true and the forks look straight which is surprising considering that
the impact smashed her windscreen. I have done more damage to the bike
by riding slowly into a guide post.(But thats another embarrassing
story). I will still take it down to the LBS to get them to check it out
properly. I was sort of hoping that it would be a bit more bent so I
could claim on her insurance for an upgrade to a Trek 1400. My helmet
has a crack in it so I will probably claim for that and should replace
the helmet after a good ding anyway supposedly. I am yet to make contact
with the driver but I have all her details. As far as compo /work
cover is concerned I am in the army so I am covered 24/7 for medical
expenses although I have been told I can claim military compo if I sue
the driver but I have to find out a bit more about it and not too sure
if want to travel down that road.

ouch! you got me walking with a lean now just reading that...

be surprised if frame aint crimped in some way.
Helmet is definetly a replacement job. i think it states you have to once crashed(?).
Might be worth contacting driver just to let her know/feel suitably guilty about te condition youre in. That way she is far elss likely to kick up fuss at claim-stage. I think her insurance Co is also supposed to be notified asap

maybe you could borrow a tank and teach her how to turn left in future 😄

F"want a tank"Dutch