Bicycle v Pedestrian accident - DID ANYONE WITNESS?

[Alisong]

My husband was riding home from work during the APEC summit in 2007. Outside the pub at Pyrmont a pedestrian stepped onto the road against the lights, into the path of the bike...
Im hoping that someone else saw what happened.
Can anyone help?

[leximack]

2007?, i am assuming the pedestrian is sueing your husband?
or wants some form of compensation for being hit

[Alisong]

Correct on all fronts. I know it was ages ago. We had put flyers up in the general area, and had the obligatory 3am phone calls from people leaving the pub..... Ive just had the forums idea!

[trailgumby]

It doesn't help you now, but this exact situation is why I am a member of Bicycle NSW: $20mil public liability cover for under $100 a year.

The following assumes you're in the right and that events occurred as you say.

You're potentially in a very serious situation. Unfortunately in civil matters it is decided on the basis of "balance of probability" rather than "beyond reasonable doubt". They don't have to be right, they just have to be believable, and as of now you have no-one else to back your side of the story.

So, if you have assets they can take, in your shoes I would be pragmatic and assume that it it will probably go against you. Call someone really rich (think: James Packer or his ilk) and ask them for advice on asset protection and a referral to whomever they use for their legal advice regarding asset protection strategies. The reason I am suggesting this bold move is that you want the very best in hte field - your average street corner solicitor will have no idea. Don't be embarassed to ask - these guys like helping with advice. If you call up a few you'll eventually hit one who'll be helpful.

You want to put your assets out of reach, to make it not worth their while to sue you. If you can credibly say to their legal representative, go ahead we have nothing to take then these miserable slip-and-fall vulture lawyers might just drop him becasue it's not worth the risk of investing too much of their time. Worst case, it improves your bargaining position against the inevitable ambit claim, not least because you'll be less stressed knowing your exposure in the event of a loss in court is limited.

Do it immediately. You have no time to waste.

Might also be worth asking your new rich acquaintance who they would use for defense against such claims - chances are they would have had to fend off a few such claims as they'd be a popular target.

[jasimon]

Actually, if you have contents insurance you may have public liability insurance as well. My policy certainly includes it. Check your policy.

[Alisong]

We have coverage under both Bike NSW and our household public liability policy. The claim is being handled by the later.
We are looking for any witness that saw the incident. I'm doing this, as ALL of our policy premiums are ultimately effected when claims are made that are based on false information.It is really infuriating.

[toolonglegs]

Just wondering why you think the ped will actually get a pay out...he stepped onto the road (from a pub )...put in a counter claim on the shithead!.

[Alisong]

After thinking about it most of last night (ugh),we should be counter claiming for OUR "loss of enjoyment of life"and costs, as my husband, who has been taking his bicycle to work for the past 15 years- now takes his motorbike. All because its so easy for someone to take advantage.
Its all quite unreal.
I never thought anyone could make $100k plus by not obeying the road rules- but there you go. Makes me wonder how much an accident my husband had with a car (the car at fault), that actually kept him home from work for a week was worth ! And that is how our litigious society starts I suppose.....

[jamierk]

I'm a member of Bicycle NSW (required for racing license), but i'm unfamiliar with what form of insurance this covers me for? Is there any good details on how this would help in the event of accident? Does this cover ambulance/medical costs or equipment damage in any way or do I need separate cover for these things? Does anyone know what details/procedures you should follow in the event of an accident on a NSW road?

Thanks guys

Jamie

[Alisong]

You should look on the bike NSW website- its all outlined on there. Its a good policy. We also have public liability coverage on our household insurance - you should check, as you could already be covered on that (if of course you have house insurance...)

From what / is happening to us, you should try to get the details of any witnesses. and like any motor accident- the details of the other party. Take some photos with your phone if you can.

Don't assume that the other person seems nice / okay / credible, as its not always the case.It was over 6 months after the incident that we were notified of the claim- and its a doosey.

[sogood]

I'm a member of Bicycle NSW (required for racing license), but i'm unfamiliar with what form of insurance this covers me for? Is there any good details on how this would help in the event of accident? Does this cover ambulance/medical costs or equipment damage in any way or do I need separate cover for these things? Does anyone know what details/procedures you should follow in the event of an accident on a NSW road?

It would be no different to a regular motor vehicle accident. Exchange details, obtain witnesses, and call the police if there's significant injury or property damage.

PS. BNSW is not required for a racing license. Cycling Australia/Cycling NSW membership is what gives you the racing license.

[jamierk]

Thanks guys, will look into it (too much disturbing news about deaths and accidents around Sydney).

[trailgumby]

Glad to hear you're covered. I had visions of all your assets being sucked up in lawyer’s fees and you being left with nothing.

They’ve probably gone to see Keddies or some other scumbags of their ilk. This is no doubt an ambit claim, hoping you’ll negotiate down to something much smaller that is still worth their while. The lawyer has probably been pressing their greed button pretty hard.

[99Honeyburst]

At the risk of taking this thread off topic (not intended) - the really annoying thing I'm thinking as I read this is how do I balance this spurious claims like this by a money grabbing pedestrian and an ambulance chasing lawyer against that appalling $1200 fine the magistrate applied this week for the road rage incident.

It reminds me (in reverse) of a small accident I witnessed in the CBD some years ago where a cyclist went down a one way side street the wrong way at speed and smacked into a pedestrian sending his coffee all over him. No serious injuries to either party thankfully but the cyclist then gets up and starts abusing the pedestrian for not looking (the wrong way) before he crossed!

Unfortunately there are idiots in all shapes and forms on both sides of the fence I guess...and in cases like the topic of this thread, natural justice and basic common sense is all but gone in many cases these days I reckon...