ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
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ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 10:03 am
Perhaps even if you did not see it, you remember someone you know mentioned it, please let them know about this ad. T/Y
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 10:08 am
Left collarbone and 2-3 ribs...collarbone is obviously the major issue out of that..one armed walking wounded.
any advice for recuperation that injury also welcome.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby Leaf T » Mon Jul 30, 2018 10:30 am
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 10:57 am
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby AdelaidePeter » Mon Jul 30, 2018 11:23 am
Isn't she legally required to give you her details in the case of a crash? Australian Road Rule 287:RetroPilot wrote:t/y...re privacy, police will not provide me with driver contact details, even though she did stop and was spoken to..I have property losses as well as damaged body parts...what do I do on the property aspect re her insurance? etc..
[You appear to be in Victoria and "There is no rule 287. Refer to sections 61(1) and 61A(1) of the Road Safety Act 1986." Excerpt from that act is below, from http://www8.austlii.edu.au/cgi-bin/view ... 5/s61.html ]
ROAD SAFETY ACT 1986 - SECT 61
Duty of driver etc. of motor vehicle if accident occurs
(1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle—
(a) must immediately stop the motor vehicle; and
(b) must immediately render such assistance as he or she can; and
S. 61(1)(c) amended by No. 8/2018 s. 9(1).
(c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle and, in the case of an automated vehicle, state whether it was operating in automated mode at the time of the accident—
(i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or
(ii) to a person representing the injured person or the owner of the property; and
I would ask the police what you are meant to do if she hasn't given you her details like she is legally required to.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby Thoglette » Mon Jul 30, 2018 11:25 am
This was all covered in another thread recently - in short it's her insurance not yours so you need to serve her with the bill - once you find out what everything adds up to.RetroPilot wrote:what do I do on the property aspect re her insurance? etc..
"People are worthy of respect, ideas are not." Peter Ellerton, UQ
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 11:28 am
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby AdelaidePeter » Mon Jul 30, 2018 11:41 am
"Any person who is injured or suffers property damage as a result of a traffic accident may apply for a copy of the collision report, or may authorise a person to represent them and apply on their behalf."
...
"Please allow a minimum of 10 working days for Accident Report applications to be processed. Accident Reports cannot be released prior to the completion of the investigation. "
cost is $52 (+$1 per page after page 10).
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 11:42 am
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 11:44 am
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 11:51 am
cops locked it to tree in adjacent house's front yard for me..I was still anxious to recover it, before somegthing happened to it as well..
time I got home was in agony from 2-3kms walk with shoulder bouncing around in sling, but still glad I brought my dead home...
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 11:53 am
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Mon Jul 30, 2018 12:04 pm
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby 10speedsemiracer » Mon Jul 30, 2018 1:18 pm
Guessing that the impact sent you/bike airborne, and front wheel was initial contact point, hence the buckle, and which would also be an indicator of how your collarbone came to be messed up.
In terms of $ recovery, I think it would be wise to engage a Solicitor to co-ordinate personal injury and damage to property claims.
Good luck with this, and hope the injuries heal up soon.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby ValleyForge » Mon Jul 30, 2018 1:36 pm
Surprised they haven't called you already!10speedsemiracer wrote:...I think it would be wise to engage a Solicitor to co-ordinate personal injury and damage to property claims.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Tue Jul 31, 2018 8:37 am
have now been given most of driver's details, even though this was refused citung privacy on my initial attempt...have her name/address, which is very local, she was (AT) 1km from her driveway...will approach her for her insurance companies name, then either contact them or just leave the relatively modest property claim to lawyers as well..
attending police member was good enough to phone me an hour or so ago..it was Dandenong HP rather than Springy cops as I assumed..I was relieved to hear that 2 witnesses told them the woman simply blew through the red facing east up heatherton rd like it was not there, and proceeded to drive through me like I was not there..she has been cited on the red light, so i imagine that is $4-500 worth..and will face a "license review" because of her age..
the thing was spectacular in impact and afterfall, and watchers all expected me to be dead or very gravely injured...they amazed again when I got up almost immediately and walked back through my own debris field forcefully and angrily , one arm limp, like a Terminator..
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Tue Jul 31, 2018 8:49 am
t/y...I am unsure myself if the collarbone has snapped re actual first impact, or when I then crashed to road on same side, as both impacts felt shattering and rung my bell..10speedsemiracer wrote:Sorry to hear of your incident and injuries.
Guessing that the impact sent you/bike airborne, and front wheel was initial contact point, hence the buckle, and which would also be an indicator of how your collarbone came to be messed up.
In terms of $ recovery, I think it would be wise to engage a Solicitor to co-ordinate personal injury and damage to property claims.
Good luck with this, and hope the injuries heal up soon.
I fully expected impact marks to left rear of bike, as that is where it impacted me, but damned if I can see anything definite so far besides the destroyed wheel..I must not have had handlebars bolt on 100% tight, as they had rotated 90 degrees...I didnt have allen key tool with me when I collected it, but was still able to turn the handlebars back straight with some effort, to be able to wheel it home...still suspect forks must be pushed back or twisted..damaged, but can't see definite signs of it so far..rough spare 700x35 style front wheel I took up went on easily enough..
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby Crawf » Tue Jul 31, 2018 9:34 am
I know because I have recently been through a similar ordeal it, albeit not so badly injured and with the Police on my side.
Good luck and document absolutely everything, timelines, interactions, expenses, communications, repair quotes, the accident/your positioning/attire in detail... etc
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Tue Jul 31, 2018 10:06 am
major issue by far is the snapped L clavicle, though..
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RobertL » Tue Jul 31, 2018 1:53 pm
I'm really sorry that you got hurt, RetroPilot, but that description really made me laugh.RetroPilot wrote:they amazed again when I got up almost immediately and walked back through my own debris field forcefully and angrily , one arm limp, like a Terminator..
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Tue Jul 31, 2018 4:58 pm
I've spoken to driver...has a good attitude , decent sounding and is insured, fortunately, but still does not seem to understand exactly how or what happened..seemed not to know that I suffered actual broken bones..whether playing it dumb or not I'm not 100 % sure, but sounds sincere...also sounds almost suspicious about how fast police arrived...maybe 5-8 mins after impact..they drove her and her car home, which was good ..they have just had it over having mirror replaced..
anyway, I now have her insurance company name and her plate number..lucky she was insured, 02 Corolla, car is no spring chicken same as she isn't...she seemed still unaware that broken bones had happened..
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby nemo57 » Tue Jul 31, 2018 7:10 pm
Your personal injury aspects all go through TAC. I imagine you've already signed forms in relation to that via hospital, but if you haven't then get in touch with them: they will cover all medicals/whambulance etc.
If you've had to take time off work TAC no-fault compensation will pay something, but you'd have to be much more seriously injured to make a common law negligence claim against the old duck.
For your property losses you'd be tapping into her insurance. If there are statements from the two independent witnesses or the attending cops made a decent report I wouldn't expect the insurer to put up much resistance, though it might want to chisel you on amount.
Best of luck
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby ColinOldnCranky » Wed Aug 01, 2018 12:21 am
But the police are probably not the one to address the failure (other than to hit the driver with a related offence).AdelaidePeter wrote: Isn't she legally required to give you her details in the case of a crash?
I imagine that the answer is to initiate a process of discovery. ie Initiate a suite through the courts. yech!AdelaidePeter wrote:I would ask the police what you are meant to do if she hasn't given you her details like she is legally required to.
The law generally works, but not very conveniently, cleanly or affordably at times. One of the reasons to insure I guess.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Wed Aug 01, 2018 8:51 am
thanks...I figure the property loss at around $1500-$1700...will phone gio today re that..yes, I did wonder what I'm looking at re compensation tac , I don't know for time being if shoulder will heal to 100%, I'm about to turn over week 1 since impact and heaps of pain, indignity and inconvenience so far..nemo57 wrote:Retro
Your personal injury aspects all go through TAC. I imagine you've already signed forms in relation to that via hospital, but if you haven't then get in touch with them: they will cover all medicals/whambulance etc.
If you've had to take time off work TAC no-fault compensation will pay something, but you'd have to be much more seriously injured to make a common law negligence claim against the old duck.
For your property losses you'd be tapping into her insurance. If there are statements from the two independent witnesses or the attending cops made a decent report I wouldn't expect the insurer to put up much resistance, though it might want to chisel you on amount.
Best of luck
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July
Postby RetroPilot » Wed Aug 01, 2018 8:55 am
she just seemed a bit Bourne Identity about rapid police response...
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