Hit by a car. Mostly okay but what are the legalities?

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Mububban
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Hit by a car. Mostly okay but what are the legalities?

Postby Mububban » Fri Sep 28, 2018 1:55 pm

A very apologetic driver knocked me off my bike after not slowing down for a give way intersection. A&E gave me the all clear apart from minor concussion and some lost skin so I've got a few days off work. Bike shop reckons my bike is fine, seeing as I acted as the crash barrier and protected my bike!
The driver is going to pay me the <$500 for a replacement helmet and minor repairs to my bike (shifter hoods, bar tape, cycling computer).

I'm on record with the hospital as being assessed for a car vs bike incident, and I have video of the incident. But so far the guy has been nothing but apologetic and helpful so I've got no reason to want to escalate things.
He rides motorbikes and is always telling people to look out for people on two wheels, so he feels pretty terrible about what he did, like any of us would feel if we knocked off another rider.

So.....what now? Is he obliged to report the incident using the www.crashreport.com.au website?
Am I legally obliged to report it to the police?
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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Thoglette
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby Thoglette » Fri Sep 28, 2018 2:19 pm

I'd be reporting it. Just in case your medical condition gets complicated.
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Mububban
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby Mububban » Fri Sep 28, 2018 2:32 pm

Thoglette wrote:I'd be reporting it. Just in case your medical condition gets complicated.


If I do, what happens then? Will the police follow it up with him, or is it just to be on record in case of future problems?
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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queequeg
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby queequeg » Fri Sep 28, 2018 2:36 pm

Mububban wrote:
Thoglette wrote:I'd be reporting it. Just in case your medical condition gets complicated.


If I do, what happens then? Will the police follow it up with him, or is it just to be on record in case of future problems?


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Mububban
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby Mububban » Wed Oct 03, 2018 11:30 am

I filed in a report on www.crashreport.com.au, got a receipt number for the incident, and was told by the Insurance Commission of WA that with that number, I can claim medical expenses like physio which I'm going to need. And it won't affect the driver ie his rego or insurance won't go up, and the cops aren't going to knock on his door either.

I got the money for my bike repairs and new helmet from the driver yesterday and asked him to also fill out a crash report, stressing that it won't land him in hot water in any way. Not a learning experience I wanted to ever have but it's at least a reminder of where some of our rego goes.
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

nemo57
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby nemo57 » Wed Oct 03, 2018 11:43 am

Guy sounds very decent. If WA is anything like Victoria, having your report on record has a lot to do with funding of any medical related expenses: they get picked up by your equivalent of our Transport Accident Commission. And if time off work's involved, TAC pays the compensation. Bureaucracy is beautiful ...

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Mububban
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby Mububban » Thu Oct 04, 2018 10:03 am

nemo57 wrote:Guy sounds very decent. If WA is anything like Victoria, having your report on record has a lot to do with funding of any medical related expenses: they get picked up by your equivalent of our Transport Accident Commission. And if time off work's involved, TAC pays the compensation. Bureaucracy is beautiful ...


I went to the physio yesterday and they immediately lodged the claim with the Insurance Commission of WA, so I didn't even have to get my wallet out.
That initial receipt number turned into a 6 digit claim number, which is what I'll use for today's GP visit and subsequent physio et al.

If a health provider doesn't immediately claim with the ICWA, I just keep the receipts, scan and email them and I'll be reimbursed. I've been pleasantly surprised how easy it's all been considering what a pain other government entities can be!
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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Re: Hit by a car. Mostly okay but what are the legalities?

Postby ironhanglider » Sun Oct 07, 2018 11:15 pm

Sorry to hear about the crash Mububban.

Hope you are back in good shape soon.

Cheers,

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10speedsemiracer
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby 10speedsemiracer » Sun Oct 07, 2018 11:42 pm

sorry to read that you bounced off something, hope you're on the mend.
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bianchi928
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby bianchi928 » Mon Oct 08, 2018 12:25 pm

Firstly, glad you are ok.

I was hit by a car (or more accurately, I ran into the side of him as he pulled of Marmion Ave onto Warburton) and admittedly my bike was written off so I needed to attend to insurance but you did good registering the accident.

After the accident I thought I was ok until my shoulder really started to hurt (probably highlighted by the cracked ribs getting better).

Long story short, Cortisone, surgery, hospital and physio (including gym membership at the Joondalup arena) all covered by ICWA as well as reimbursement of sick leave over nearly 2 years.

I would like to say also that my case person at the ICWA was extremely professional and great to work with.
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Mububban
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby Mububban » Mon Oct 08, 2018 12:51 pm

10speedsemiracer wrote:sorry to read that you bounced off something, hope you're on the mend.


Bounce is the word. My left calf took all the impact from the hit, as well as my left shoulder and side of helmet on the road. Nothing on the ankle or the knee but my calf is very swollen and sleeping isn't very successful. Still, could be much worse!

When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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10speedsemiracer
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby 10speedsemiracer » Mon Oct 08, 2018 1:15 pm

Ouch, very similar to mine in March.

Hope it all improves soon for you..
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AdelaidePeter
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby AdelaidePeter » Mon Oct 08, 2018 2:08 pm

Mububban wrote:
10speedsemiracer wrote:sorry to read that you bounced off something, hope you're on the mend.


Bounce is the word. My left calf took all the impact from the hit, as well as my left shoulder and side of helmet on the road. Nothing on the ankle or the knee but my calf is very swollen and sleeping isn't very successful. Still, could be much worse!


Ouch.

Looking at the video, I notice two things out of the ordinary here:
1. It is one of those intersections which is shaped to "encourage" drivers to turn left without stopping.
2. The sun is behind you, so might be in the drivers' eyes. Possibly making it worse, you are in a large shadow until a few metres before the intersection, but the driver is in sunlight.

Perhaps those 2 are risk factors, and it may pay for all of us to be extra sure the driver is stopping in situations like these (and be extra careful when we are the driver). I am not excusing the driver in any way; I'm just always on the lookout for ways to ensure I get home safely.

human909
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby human909 » Tue Oct 09, 2018 2:21 pm

Thanks for posting the video. And best wishes in recovery.

I agree with the above post. And especially emphasise "I am not excusing the driver in any way; I'm just always on the lookout for ways to ensure I get home safely." In Australia we unfortunately have to take extra caution because of the poor state of our drivers. Assume they don't see you.

For me, in all such circumstances I'd be covering my brakes if not braking, and moving right for more space and visibility (having checked for traffic to my right).

By doing the above I have avoided many collisions. (One such circumstance my riding partner wasn't so lucky and didn't hear my warning shouts. :( )

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Mububban
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Re: Hit by a car. Mostly okay but what are the legalities?

Postby Mububban » Tue Oct 09, 2018 3:25 pm

Oh I agree, even though it's a signed Give Way intersection it is almost tailor made to encourage drivers to roll through. If you notice the silver car at the very start of the video though, that driver did slow down, check and then proceed through. The guy that hit me didn't, and I'm confident if he'd slowed and/or done a more thorough traffic check, I wouldn't be sitting here in extreme pain.

The road immediately after where I got hit curves to the right, so my eye line was already scanning ahead and to the right, so by the time my peripheral vision caught the blue car to my left I didn't have time to check the right lane or bail out. Just enough time to yell in a primal sort of way, then hit the ground. I then had time to say some very bad words I didn't include on the video :)

I always ride on the hoods, ready on the brakes, and it's saved me many times before while commuting as well. Could I have been more aware myself? Possibly. But while not holding a grudge, I'm not going to excuse the driver's actions either. But it will make me even more vigilant when I'm able to get back on my bike, which I currently don't have an eta for :(

Seeing the article someone linked today showing that drivers are distracted 50% of the time while behind the wheel doesn't help the confidence. I don't think I'll show my wife that one!
When you are driving your car, you are not stuck IN traffic - you ARE the traffic!!!

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