In an accident? You need to know this.

[Oxford]

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.

[Aushiker]

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

Andrew

[Biffidus]

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?

[gabrielle260]

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!

[Oxford]

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.

[Aushiker]

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.

Andrew

[cp123]

so what 50% of responsibility is yours? that you were riding your vehicle on the road where it is legally entitled to be....? ffs....

[RetroPilot]

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?

[happynicky]

Good post,thanks for sharing.

[Oxford]

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.