In an accident? You need to know this.

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Re: In an accident? You need to know this.

Postby Oxford » Wed Jan 25, 2012 11:21 am

I plan to contact the police this week and find out what is happening with regard to driver infringements. I've waited to see if they would contact me. nothing so far, I hope that is not an indication of what they are doing about the driver.

as regards injuries, saw the doc last week and she wanted to keep me on workers comp for one more month. I'm not receiving any comp benefits as I am back to 100% contact hours, she just wants the claim to remain open until she is sure that I can return to almost normal duties without being in pain. when she declares that my condition is stable the fun starts. I have what may be permanent sensory deprivation in one foot so this will get the lawyers going about permanent impairments etc. going to be an interesting year.
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by BNA » Sun Feb 05, 2012 10:16 am

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Re: In an accident? You need to know this.

Postby Aushiker » Sun Feb 05, 2012 10:16 am

An add to this. I see Bicycle Network has now published online a guide to what to do in case of an accident.

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Re: In an accident? You need to know this.

Postby Biffidus » Sun Feb 05, 2012 10:49 am

There seems to be a real lack of interest from the police in addressing these incidents. In the many examples I have heard both from friends and on these boards they don't want to know and advise the victim to treat it as a civil matter, even when someone is injured. This might be acceptable when the accident involves two vehicles and the likelihood of serious injury is low but when the accident involves a vulnerable road user (car v. bike, truck v. car, etc) then they should be treating it as a major accident. At a minimum there should be a requirement that they attend and follow up when an ambulance is called.

The problem is clear, but what can we do about it?
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In an accident? You need to know this.

Postby gabrielle260 » Sun Feb 05, 2012 12:28 pm

Wow! Just read the entire thread and am amazed! Thank you Oxford for sharing your experiences and I hope your recovery is coming along well!
I agree with the last comment - the police response is inadequate for the injuries suffered and gives little faith in being treated fairly.
As I have posted on the helmet cam thread, I am very seriously considering getting one as a result of my reading in the last few hours!
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Re: In an accident? You need to know this.

Postby Oxford » Wed Feb 15, 2012 6:27 pm

Found out today, the driver was issued with a TIN, the police were not clear for what, but she was issued a ticket.

The insurance company has also accepted 50% level of liability, lawyer says not to worry, its just the first step in the argy bargy process. Just about to email lawyer to let him know driver was issued with a TIN in case that helps the situation.

I will not see a resolution to this matter for at least 6 months as I have to wait for injuries to stabilise. Should they not improve, then its more doctors to assess permanent injury status that then determine compensation levels.

On the injury side of things, I finally had to succumb to pharmaceutical assistance this week. My doctor advised me it would be wise to at least take a course of anti-inflammatories for a week to help ease my discomfort. Have to say I do feel better for it, but will not be making a habit of it if I can.
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Re: In an accident? You need to know this.

Postby Aushiker » Thu Feb 16, 2012 10:02 am

Oxford wrote:Found out today, the driver was issued with a TIN, the police were not clear for what, but she was issued a ticket.


Good to hear. One small step on the way to sorting it all out. Glad to hear you are recovering as well even if slowly.

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Re: In an accident? You need to know this.

Postby cp123 » Thu Feb 16, 2012 11:34 am

so what 50% of responsibility is yours? that you were riding your vehicle on the road where it is legally entitled to be....? ffs....
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Re: In an accident? You need to know this.

Postby RetroPilot » Wed Apr 04, 2012 11:29 am

so what position do you stabilise yourself in, if after accident, you can still move or get up, but have taken some sort of hit to neck or back area, and fear 'hearing more about it"

I rode into a small factory-shop strip carpark a couple of years back, along Cheltenham Rd Keysborough/Dandenong , between Bridge and Cambria rd and Sinclair rd area any locals will know those shop factories. I was riding quite slowly, mercifully , as I was actually window shopping sporting wear stores while still moving, it was 5-6pm Autumn or winter months, so getting dark but not pitch black yet..first thing I knew of a problem was bike suddenly standing vertically on its front wheel , me then Rugby spear -tackled head-first vertically into carpark concrete...Id ridden into one of the carpark storm drain grate covers, which was wide enough spaced bars to accept a bike wheel easily, and also with no crossbars and bars facing the ideal way that bikes or any vehicles approach...

as I hit I remember an electric jolt going down my neck and spine, and thought split second, "oh, yeah, that feels good, this is going to be great"
But I picked myself up, shaken, but standing...bike was still imbedded vertically front wheel down in the grating, with the wheel rim bent about 45 deg where it had sagged from the strain of supporting my body weight mid-air momentarily until I bulleted forward and head in..
Im standing dazed still, and some woman speeding across carpark in her car blasts me with her horn that Im an obstruction in her path....

I made my way home, shaklen bruised and not pleased, but seemed to have withstood this hit..
a few night later, Im punching a punching bag at health club, throw one right...

back goes TWANG...severe back and neck pain..."theres my bike spear-tackle craash from a few night ago".I thinks...
I was in pain for a few weeks, not enough to stop me walking, but I had to stop all violent vigorous exercise such as the punching bag..
But I did email Slater and Gordon for some idea what the legal liabilities of owners of that carpark were, in case things got worse ...even with a view to maybe, hey, what about my damaged bike?One front wheel that looks how my neck feels...

they seemed very wishy-washy about it..maybe because I wasnt yet presenting myself with a neck brace and the whole Nine Yards..
If I was buggered up...would they have had to foot the bill?
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Re: In an accident? You need to know this.

Postby happynicky » Fri Aug 10, 2012 6:09 pm

Good post,thanks for sharing. :mrgreen:
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Re: In an accident? You need to know this.

Postby Oxford » Fri Aug 10, 2012 7:30 pm

Cheers, quite timely as I have an update.

I have basically come off Workcover a few weeks ago and have been assessed by their doctors. Following the assessment, Workcover made a compensation offer. Now normally if only Workcover was involved, if you did not like the offer and thought you could get more, you take it to a common law claim and hope for a better outcome, though you could come out worse. This costs as you need to see doctors and get reports at your expense. Reports start at about $1,000. Please note this process is for Qld, YMMV in other states.

In my case and on the advice of my lawyer, I accepted the offer. The reason being as it is the CTP insurer that is the main focus of the claims process. The CTP insurer will incorporate the compensation amount in their offer and repay Workcover anyway, so no point dragging that process out.

So from here I see doctors appointed by my lawyers to get medical reports, may even need to see doctors appointed by the CTP insurer. That's not for another 2 months, it has to be at least 12 months from the date of the accident according to my lawyer.

Its a long drawn out process, I have nearly 500 individual files being scanned copies of correspondence, receipts, emails, voice mail and video. I am very thorough and my lawyer appreciates the detailed approach I am taking, it makes their job that much easier.

Probably will not update for a while unless anyone posts a query.
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Re: In an accident? You need to know this.

Postby knockythecyclist » Fri Jun 21, 2013 12:21 am

I have just read this topic as I have recently been involved in an accident. Fortunately my personal injuries were relatively minor in comparison to yours but my bike was unrideable afterwards with a cracked frame, and completely buckled wheels. The driver of the car that hit me was at fault having turned right into me at a set of lights when I had right of way. The fact that it was at low speed as the lights had just turned green probably saved me from much more serious injury.

Despite this I have been beating my head against a wall with GIO to get them to replace my bike. Every step of the way has been like pulling teeth. They asked me to get 1 quote which I did. They never contacted me so i rang them to find out what was happening. They then said I needed a 2nd quote which annoyed me as I had to waste another week running around town. Then they said an assessor needed to see the bike??? Why I don't know after they had the 2 quotes. Then they said they weren't going to repair the bike and so were going to pay me out the value of the bike. Given that I had already provided them with 2 quotes showing the cost to replace or repair my bike I am currently arguing with them what my bike is worth. Why did I even waste my time getting the quotes if they are not going to use them to evaluate the cost of the bike?

Personally I will never buy any GIO insurance products after this experience (and i urge others to follow suit) but I'm not certain other company are any better. I am at the stage of getting legal advice to resolve this frustrating issue.
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Re: In an accident? You need to know this.

Postby thomashouseman » Fri Jun 21, 2013 10:49 am

I too am never insuring with GIO. After having a crash in my teens that wasn't my fault I had to claim on the other party's GIO insurance (as I didn't have comprehensive) and it took 9 months and a phone call EVERY day after the first three months to get the money out of them. All that time I was car-less as I couldn't afford to replace while waiting for their money to come through.
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Re: In an accident? You need to know this.

Postby KenGS » Fri Jun 21, 2013 8:29 pm

Insurance companies don't get rich by paying out claims so they do all they can to stall.
Have you tried their complaints line? I found them helpful and resolved my claim within a few days (house, not bike related).
After that you have the ombudsman.
The above are cheaper than lawyering up.
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Re: In an accident? You need to know this.

Postby InTheWoods » Fri Jun 21, 2013 8:34 pm

+1. I have heard that when you say the word "ombudsman" to insurance companies, suddenly they become a bit more productive to deal with.
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Re: In an accident? You need to know this.

Postby KonaCommuter » Mon Jun 24, 2013 6:32 pm

Is it possible to say "Yeah, well, whilst I"m without my bike I'll take a taxi at your expense"
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Re: In an accident? You need to know this.

Postby Biffidus » Mon Jun 24, 2013 9:50 pm

Do you have to deal with the insurance company? they aren't the ones that knocked you off your bike...
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Re: In an accident? You need to know this.

Postby embee8 » Wed Jun 26, 2013 2:51 pm

Glad to hear you aren't too sore and did not suffer much damage. A broken bike can be replaced.

I was knocked off my bike in December by a driver when I had right of way. No breaks, taken to hospital for observation and just a few bruises, sprains and cuts. Bike was totally broken.

The insurance company of the guy who hit me finally accepted liability but it took quite a few calls and letters and following procedures. Having xmas and New Year in the middle of this certainly extended the time frame to get this to completion.

But my insurance company was not involved. Is GIO your insurance company or the guy who hit you?

Make sure the person liable, though their insurance, provides you with a replacement bike!

My collision occurred in Perth so may not totally be replicated to any area, but if you want some info let me know.
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Re: In an accident? You need to know this.

Postby Oxford » Thu Aug 29, 2013 2:03 pm

Long time between posts, but a recent PM has prompted me to give an update on my accident situation.

Late last year I had examinations by doctors from my legal team and the insurers. This is to assess the level or percentage of injury based on predetermined scales. Using these scales and other factors they then determine what they feel is an appropriate offer. Assuming all went well both parties would go into negotiations, agree on a number and settle. From the settlement, WorkCover would be reimbursed first, followed by other insurers if involved, then the legals calculated, capped and I receive the balance. The first offer was a bit of a joke as the insurer tried to assign blame on a 50% basis, the net figure being an insult.

Then things did not go well. On 6 January I had a very serious motor vehicle accident caused by an as yet undiagnosed medical condition. Whilst riding my motorbike, I blacked out and hit a 4wd head on. As you would understand, that resulted in some fairly serious injuries which has slowed down the claim process. Apparently the insurance company can use this accident to reduce their payment saying my economic loss is now less due to my diminished capacity from the accident. As I said to my lawyer, they couldn't claw back funds if they had paid out the day before the accident, so why should this change the negotiations. Apparently it does though. So now I have to get back to full time work to finalise the negotiations.

Anyone interested in the motorbike accident, I kept a journal in the form of a Google document once I left the Intensive Care Unit and had access to a computer and the internet:

https://docs.google.com/document/d/1PjG ... vk3qj1qv0z
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Re: In an accident? You need to know this.

Postby Rhubarb » Thu Aug 29, 2013 2:41 pm

Wow - seriously bad news mate.

Is there any suggestion the undiagnosed issue is related to or caused by the first incident?

Either way, I really hope things turn for you soon.
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Re: In an accident? You need to know this.

Postby InTheWoods » Thu Aug 29, 2013 2:45 pm

That's terrible news Oxford. I'd been thinking of you recently, wondering how it had all ended up.

Hopefully you can get back to work so you don't get shafted by the process.
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Re: In an accident? You need to know this.

Postby Summernight » Thu Aug 29, 2013 3:41 pm

Rhubarb wrote:Is there any suggestion the undiagnosed issue is related to or caused by the first incident?


That's what I thought too. :|

I dislike insurance companies and their insistence on trying to get out of paying needed money using any loop hole they possibly can.

I read your blog the whole way through just then, Oxford/ThatOtherGuy/Sean. Thank you for sharing it with us and I hope your injuries heal up and don't give you pain for the rest of your life. I love your attempt at breaking land speed records with the mobility scooter. Have you gone higher than the 11kph mentioned or are your mobility scooter racing days over? :P
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Re: In an accident? You need to know this.

Postby briztoon » Thu Aug 29, 2013 6:31 pm

Terrible news Oxford.

As the others have said, really hope things work for you.
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Re: In an accident? You need to know this.

Postby find_bruce » Thu Aug 29, 2013 10:01 pm

Hi Oxford, thanks for taking the time to let us know how you are. After reading your journal, I am just glad you are still with us.

I have always enjoyed reading your accounts & am in awe of your openness in expressing the difficulties in keeping the black dog at bay. The fact that you can talk about it gives me hope both as to how far we have come in addressing depression & on a personal level it gives me great hope that you will be able to continue to keep the dog chained up.

Cheers

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Re: In an accident? You need to know this.

Postby Mulger bill » Thu Aug 29, 2013 10:16 pm

Jeebers!

No sense in you buying any raffle tickets for a while Ox. Heal quick and do your best to shoot the dog.

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Re: In an accident? You need to know this.

Postby Oxford » Fri Aug 30, 2013 9:13 am

Thanks guys. To answer a few questions.

If there is a link between the first accident and the cause of the accident, the link is to tenuous to be considered. I had already raised this with my lawyers and for every doctor I would provide saying there is a link, the insurer will provide one saying no link. The accident is actually the second accident on the motorbike, I had a similar accident one month prior under similar circumstances where luckily I was not hurt, but unfortunately I did injure a cyclist and I felt very bad about that as cycling and cyclists are very dear to me as everyone would understand.

Land speed records on the mobility scooter are rare now, but I have spotted a local pathway where I reckon I could break the 12km/h barrier.

The black dog is ever present and the battle is very hard, but I just try to keep occupied. Sometimes it may just be going out, the best therapy I have found is to keep busy with things, whether its therapy, chores, helping others and generally just keeping busy. Most of all I am trying to maintain a normal routine as if I am working so that if/when I return to work it will not be a rude awakening.

The worst part of all of this is the timetable of drugs. Being stuck to a specific schedule and the volume of them, about 20 pills a day, 10 in the morning and then 5 twice a day. I hate taking pills at the best of times.
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