Hit by a car...what next?

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Hit by a car...what next?

Postby ada23 » Sat May 01, 2010 10:48 am

This morning I was hit by a car who failed to give way to me in a roundabout
The fellow who hit me was apologetic and said he just didnt see me
An ambulance was called an they checked me out and apart from a few bumps and bruises I am ok.
My bike and shoes etc however are not.

My question is what should I do next to recoup the damages caused?
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Re: Hit by a car...what next?

Postby jules21 » Sat May 01, 2010 10:56 am

report it to the police without delay. without a police report, he can say what he likes without witnesses
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Re: Hit by a car...what next?

Postby martinjs » Sat May 01, 2010 10:59 am

I thought any accident where someone had been hurt had to be reported to the Police. That was in my license test years ago in Victoria. (Ok it was about 25 years ago :oops: )

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Re: Hit by a car...what next?

Postby LG » Sat May 01, 2010 10:59 am

I hope you have insurance. After making a police report, contact your insurance company and they should sort it from there.
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Re: Hit by a car...what next?

Postby wombatK » Sat May 01, 2010 11:24 am

ada23 wrote:This morning I was hit by a car who failed to give way to me in a roundabout
The fellow who hit me was apologetic and said he just didnt see me
An ambulance was called an they checked me out and apart from a few bumps and bruises I am ok.
My bike and shoes etc however are not.

My question is what should I do next to recoup the damages caused?

Very good thing that any injuries you have are minor.

It's good that the ambo's think you're okay, but there are other possibilities. Sometimes injuries aren't too obvious until a day or so later. When I broke my wrist going over the bars, I rode home 28 km thinking it was just bruised. Didn't start feeling more serious until the next morning. Some injuries in small bones don't become obvious until bruising/swelling subsides - even a week or so later.

As others have noted, make a prompt report to the Police. Did the other party admit fault and offer to pay your damages ? Saying he didn't see you isn't the same thing.

It would help if you can tell us where you live - you can set your location in your Profile.

Can we assume you have exchanged particulars with the other driver i.e. have his name and address, contact phone no and insurer details ? If so, you can proceed by getting a quote for the cost of repairs to your bike (from local bike shop), and serving a letter of demand on the motorist. Where you go next depends on the cost, his/her insurance (excesses etc.,.), and what your state's arrangements are for recovering debts and damages should the other party dispute his/her liability.

Cheers
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Re: Hit by a car...what next?

Postby ada23 » Sat May 01, 2010 11:41 am

I live in Melbourne
The driver admitted liability
I have his details and those of a witness
I have no bicycle insurance
I was thinking of putting a claim list together and emailing him and putting the ball in his court for say 7 days
If no response then i could take it up a notch
Re injuries, I'm as sore as hell and will see a doctor on Monday
I will phone police this arvo for advice
Thanks for all the feedback thus far
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Re: Hit by a car...what next?

Postby Mulger bill » Sat May 01, 2010 11:50 am

G'Day Ada.

You're on the right track there. I wouldn't go the email route tho', Do the old way and create a paper trail. Make sure VicPol get their paperwork right too.

If he's admitted liability and there's witnesses you shouldn't have much trouble.

Hope the doctor finds nothing more serious than bruising and the driver does the honourable thing by you.

Cheers
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Re: Hit by a car...what next?

Postby wombatK » Sat May 01, 2010 1:35 pm

ada23 wrote:Re injuries, I'm as sore as hell and will see a doctor on Monday

If "sore as hell", then should be worth seeing a doctor today - you should be able to find a clinic that has x-rays at a medical center or local hospital. Medical expenses covered by medicare are not claimable from the other party, but any gaps you pay might be - so keep receipts and add to your claim.

Not sure that emailing a letter of demand is considered adequate - there is no proof of receipt, and no guarantee of delivery even. If you want to make an informal approach, phone him to confirm receipt of email. If you expect or find any resistance, you send it as a registered letter - costs about $3.50.

7 days might also be unreasonably short. See this sample letter of demand.

Make sure you treat your injuries properly - Rest, Ice, Compression, Elevation, regardless of when you see the doctor.

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Re: Hit by a car...what next?

Postby redcorpsjames » Sat May 01, 2010 2:16 pm

since they were the cause of the accident shoudnt their insurance cover your bike? If they dont wanna put a claim in then persue them civilly. I got hit by a car two weeks ago, the lbs wrote of my bike. However the lady who hit me is arguing that the only damage to my bike was the light fell off. So yeah doesnt look like my bike will be coming to me anytime soon. make a claim asap or you will be waiting two weeks like me or more
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Re: Hit by a car...what next?

Postby WonkyWheels » Sat May 01, 2010 2:57 pm

ada23 wrote:The fellow who hit me was apologetic and said he just didnt see me

ada23 wrote:The driver admitted liability



Unless he has paid you for the damage for hitting you he has not admitted any liability (yet). Being apologetic and saying sorry doesn’t mean the driver has accepted liability, unless you have it recorded or in writing. He could turn around and tell a totally different story to his insurance company. It has happened to me with a car accident.

You need to:
1. Report it to the police.
2. Get a medical check-up ASAP (regardless of how you feel).
3. Contact the driver and see how he wants to proceed.
4. After 7 days put your demands in writing and mail it to him via registered post or better yet, in person with a friend (witness)
5. If the driver doesn’t makes a claim with his insurance company or pay you out for the damages within ~14 day I would have said you have an uphill battle ahead, luckily you have a witness. Keep in contact with that witness.

Good luck. Get well.
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Re: Hit by a car...what next?

Postby trailgumby » Sat May 01, 2010 4:05 pm

This has happened to me twice in five commutes, so I have plenty of recent experience to share. :lol:

One: get witnesses to stay. "Did you see him hit me? Could you stay a few minutes until the police can talk to you please?"

Two: call the police immediately and ask them to organise the ambo. If they ask if you are hurt say "I don't know - I've hit the road pretty hard, I've got skin off, I'm very sore and in shock I think, and my bike is unridable. We're blocking the road..."

That sets off alarm bells that get the police and ambulance moving quickly. It is unwise to say anything that might minimise the seriousness of injuries that you might have incurred. You need them to come and triage you. It is very easy for your injuries to be much more serious than they first appear. Like the poster above, I had one crash (a clipstack actually) that I thought I'd just sprained a wrist and rode off, but it turned out to be a scaphoid fracture that took more than six months to heal.

The ambos will call and ask about your situation, including if you have hit your head. Again, "I don't know, I might have" is the best answer unless you are sure that you have, in which case you answer "yes". (I had no idea I'd hit mine, and didn't notice my helmet definitely needed replacing until after I was admitted to hospital. :oops: )

Any accident involving an injury requires Police attendance at the scene. So too does any crash that renders a vehicle (your bike) undriveable (unrideable). Your injuries might only be skin off or a bit of bruising, but it qualifies. Get the witnesses to stay until the fuzz arrive.
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Re: Hit by a car...what next?

Postby kibnedyo » Sat May 01, 2010 4:49 pm

Something is not quite right here. If an Ambulance is called to the scene of a traffic accident in Victoria, Police must attend too. Where were they?

It may be worth a polite enquiry as to why they did not attend in this instance as you make the report.
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Re: Hit by a car...what next?

Postby Marlin 3030 » Sat May 01, 2010 6:07 pm

kibnedyo wrote:Something is not quite right here. If an Ambulance is called to the scene of a traffic accident in Victoria, Police must attend too. Where were they?

It may be worth a polite enquiry as to why they did not attend in this instance as you make the report.




In Queensland if you call for an Ambulance for a RTC the Police and Fire Brigade are notified (by the Ambo's) at least that's what the rules were two years ago but I can't imagine they have changed.

I don't know about the Police being obliged to attend. But then I've never been a Cop (nor would I wish such a heavy burden on anyone).
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Re: Hit by a car...what next?

Postby Colin_T » Sat May 01, 2010 6:07 pm

ada23 wrote: My question is what should I do next to recoup the damages caused?

wait to be hit by another car :)
only joking but it does sometimes happen. I got clobbered several times within a few months and many people I know had similar situations.
Aside from all that, file a report with the Police (if you haven’t already) and see a doctor and get a proper check up to make sure you are 100% ok.

Take photos of any injuries you sustained and all the damage to all the equipment, even if it's only a minor scratch. If you have a time/ date function on the camera, then use that so the time and date are recorded on the pictures.

Get quotes for the damaged items and have the bike checked to make sure it is still ok and the frame hasn't been cracked or damaged in any way.

Write to the witness and ask them to write a statement for you saying what they saw. The witness statement should have their name, address & contact number on it, followed by a brief description of what they actually saw, including what time & where it happened. It should also be signed and dated by them.

Write to the owner of the vehicle that hit you and tell them you have been checked by your GP and that you are ok or have certain injuries sustained during the accident. Also inform them of the damage to your bike, clothing, etc and send a copy of at least one quote (preferably 2 or 3 quotes) for the repairs/ replacement of the damaged items. But make sure the quoted parts are the same or better quality than were damaged. Some places will give you a cheaper quote but you get a lower quality part.
Make copies of everything you send out, and keep a diary/list of times, dates and places related to this incident, (ie: you rang Mr car owner at 10am on Friday 1May 2010 to discuss...he wasn't home, etc. You went to the doctors at 11am on Friday 1 May 2010 to get your arm checked...)

As others have said, don't send emails to the people involved because emails disappear and aren't always accepted in court. Type a letter on the computer and print it out, then sign it and use Australia Post or go and pop it in their letterbox, or hand deliver it with a friend or family member as a witness.

I would give the motorist 2 weeks to reply to your letter. Write something along the lines of "I would appreciate a response to this issue by 14 May 2010". But give them 14 days from when you send it. Their response does not have to come by mail (although it's preferable if it does) but they can call you and let you know what they are doing. However, if they do phone you, then write it in the diary.

If you have home and contents insurance they might cover the bike and go after the other party for you. However, many won't. But by doing the above you have given the motorist the option of paying and doing the right thing. If they don't respond within the allocated time, then write to them again requesting they repair or replace the damaged items and to respond to you in 7 days, (not 14). If that fails then send one more letter stating you will be taking legal action against them if they do not provide you with compensation for the damaged items within 7 days.

Whilst this is going on you can contact your department of fair trading. They sometimes deal with minor claims and might be able to offer some advice or provide you with some paperwork to fill out. If they don't then contact the local courts and get or fill out the paperwork for a minor case claim. You don't have to file it but have it on hand just in case. Then if they fail to fix or replace your stuff, file the paperwork with the courts.

Good luck and I'm glad your not seriously injured :)
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Re: Hit by a car...what next?

Postby Marlin 3030 » Sat May 01, 2010 6:16 pm

I like the advice given at Wheels for Justice


http://www.woj.com.au/state-police-links/
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Re: Hit by a car...what next?

Postby Sight 2b SEEN » Sat May 01, 2010 8:23 pm

I guess there is a lesson to be learnt here. How do we make ourselves be seen by motorists. When riding at night we all have tail lights and flashers on helmets etc..But during daylight hours what can we do to B SEEN? How about considering a bright shirt .... and not BLACK pants. If you're a motorist - Try the following suggestion out to see if you can judge the distance between your motor vehicles bumper bar when approaching at a low speed - a black wire fence. Take a good long look at the approaching fence, you will see thru it and your judgement will be impaired. Naturally, the idea is to stop before you hit the fence.

The motorist who collected you may not have seen you due to the colour of your apparel. Does that make sense?
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Re: Hit by a car...what next?

Postby trailgumby » Sat May 01, 2010 8:49 pm

I think most of us "long termers" here are aware of how important being seen is.

Sometimes despite being lit up like a Christmas tree, you are still not seen. It is not because you are not visible.

It is because they are not looking.
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Re: Hit by a car...what next?

Postby wombatK » Sat May 01, 2010 9:09 pm

trailgumby wrote:I think most of us "long termers" here are aware of how important being seen is.

Sometimes despite being lit up like a Christmas tree, you are still not seen. It is not because you are not visible.

It is because they are not looking.

+1.

Motorists often say "I didn't see x" after collisions with other vehicles. All of Sight 2b SEEN's comments could be applied equally to motor vehicles. Sure hope he/she does not drive a black car, and I trust he/she has Daytime Running Lights too.

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Re: Hit by a car...what next?

Postby tipsy.mcstagger » Sat May 01, 2010 9:20 pm

trailgumby wrote:I think most of us "long termers" here are aware of how important being seen is.

Sometimes despite being lit up like a Christmas tree, you are still not seen. It is not because you are not visible.

It is because they are not looking.



Yep, nail on head.
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Re: Hit by a car...what next?

Postby Sight 2b SEEN » Sun May 02, 2010 4:38 pm

Yeah Right. ' You LongTermers ' may be aware of how important being seen is.

I question your comment ' aware '. As a Long Termer you have grown complacent. You have remained AWARE. To me it seems you long termers have not been proactive and have simply shifted blame. Riding and motoring is not about a blame game. As motorists are reminded - every K over is a killer. Now, what's the reminder for cyclists? Some may suggest Be Seen - Be Safe. So the question remains, HOW does one do this during daylight hours?

trailgumby suggested -- "It is not because you are not visible. It is because they are not looking. "

I suggest they are looking because they see a cute tail, in front of them. They - the motorist - fanatise - daydream and then collision is imminent. The first words spoken from the motorist are -- Sorry MATE didn't see you. Of course he / she saw you and what he / she did see of you, appealed to him or her.

So - remain wearing your clobber you long termers have been wearing for the past few decades OR try wearing something else and see what happens. Experiment.
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Re: Hit by a car...what next?

Postby jules21 » Sun May 02, 2010 4:51 pm

i don't think anyone's arguing about the value of hi-vis clothing. simply pointing out that it doesn't guarantee that you won't still be missed by inattentive steering wheel attendants.
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Re: Hit by a car...what next?

Postby Sight 2b SEEN » Sun May 02, 2010 4:58 pm

wombatk suggested Sure hope he/she does not drive a black car, and I trust he/she has Daytime Running Lights too.

Interesting comment. Statistics of the motor vehicle kind suggest black motor vehicles are involved in more accidents than any other coloured vehicle. Yes wombatk I drive a black car and I always have my lights on when driving - during the day. I have been involved in quite a few accidents, where the other party was responsible, because they did not see me. My insurer has asked me to reconsider purchasing a BLACK vehicle. They are tired of providing me with a brand new vehicle. I like driving brand new vehicles.

When you long termers are involved in a collision, I guess there is more than the bike that is damaged. Unfortunately your insurers are unable to provide you with a brand new body. So wombatk whats your next comment. Serious cyclists - like myself and I have been riding for 55 years have a responsibility to themselves first and then to other road users, whether they be cyclists or motorists.
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Re: Hit by a car...what next?

Postby ada23 » Sun May 02, 2010 5:15 pm

Any chance we could get back on topic?

Visited the Police today. They are not real interested as the perp didn't leave the scene. They said they may be involved if TAC want them to be. If they do get involved the perp will get a fine etc for failing to give way. This might be karma for him if he doesnt reimburse me for damages.

My next move is doc tomorrow, TAC, and LBS to assess the damage.
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Re: Hit by a car...what next?

Postby Sight 2b SEEN » Sun May 02, 2010 5:33 pm

What's the topic again?
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Re: Hit by a car...what next?

Postby m@ » Sun May 02, 2010 5:56 pm

Sight 2b SEEN wrote:What's the topic again?

[mod] The origingal post in this thread should make that clear. Per the site guidelines please follow basic netiquette - if you want to discuss a particular subject start a new thread rather than hijack an existing thread on a different topic. Cheers. [/mod]
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