Equipment and On Road Behaviour, Laws and Rules. Cycling Promotion and Advocacy
I see this as two wrongs in action - the car made a dangerous U turn, but the cyclists were travelling too close to avoid an accident... the issue is, however, that your daughter didn't prang because she hit bikes in front, but because evasive action was taken due to the car? Methinks that it is clear that the car caused the injury, because the riders were clearly not hurting themselves already until the car did something silly
Dad sues against motorists CTP green slip for injury and third party property for damage to the bike.
Daughter sues for bike and injury against public liability in home insurance of other cyclists. Problem with this plan is other cyclist must pay excess and daughter may be contributory negligent.
Motorists hate cyclists and cyclists hate the motorists and the pedestrians hate the bikers and everybody hates the trucks.
The at fault party 'caused' the accident. i.e. the car through negligent driving. S/He should be liable for the lot. But I'm an IT guy... not an insurance claims person.
I just found this on the Bicycling Queensland website if you are a member:
BQ members who have an incident when riding and subsequently require legal assistance can call McInnes Wilson Lawyers for a free initial consultation, and further services by arrangement depending on their advice. Contact 1300 855 103 and be sure to mention that you have BQ Membership.
Bicycle Queensland Member Insurance provides cover for costs incurred as a result of a bicycle riding incident anywhere in Australia or New Zealand. Members must be Australian Residents to qualify. Racing cover is NOT included.
The policy is administered by Cyclecover and includes:
Cover for legal liability to third parties as a result of the member's bicycle riding activities.
Personal Accident Cover
Cover for financial loss due to personal injury suffered as a result of a bicycle riding accident.
An update. The drivers CTP has now paid for all medical costs. Since in QLD the CTP is an "at fault" scheme, then it seems that the insurer has decided that the driver was at fault. I've been catching up with the discussion tonight, some great posts. I can add some more detail. Our group is an organised ride that includes quite a few junior riders, so we travel no more than two abreast (quite often single file) and leave a reasonable gap between wheels for safety purposes. When the guy pulled out the lead rider (me) was at most 10m from the vehicle (all I could do was call "carrrrrr" before I hit), so most riders were simply attempting to avoid a collision with the car rather than other bikes, since we were travelling at around 30kmh.
I'm in touch with a local solicitor to see if it is worth chasing for driver for bike damages. There wasn't a huge cost to repair the bikes, but given the attitude of the driver, I'm keen to see that he takes some responsibility for his stupid decision that morning. I ride to work regularly and IMHO I believe he saw us and decided (like may drivers do) that "they are only bikes" and that he could get away before we arrived. Hard to prove of course.....
He has comprehensive insurance, but no insurance I have covers bicycle damage outside of my property, so all I can do is look to seek a damages from QCAT (Small claims). I'm OK to do that more because the driver is being a moron and is refusing to pay damages on my daughter bike - now I'll add my damages to the list and go for the lot. I'm also in touch with the local Police to see that he at least gets a TIN if they won't charge him.
Thanks for all the posts.
I thought your daughters bike was TDF specced?
2012 Oppy A4
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