Law relating to accident involving a group of cyclist
- Xplora
- Posts: 8272
- Joined: Sat Dec 11, 2010 12:33 am
- Location: TL;DR
Re: Law relating to accident involving a group of cyclist
Postby Xplora » Tue Sep 04, 2012 2:39 pm
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
-
- Posts: 645
- Joined: Sun Aug 01, 2010 11:23 pm
Re: Law relating to accident involving a group of cyclist
Postby diggler » Tue Sep 04, 2012 2:57 pm
Dad sues against motorists CTP green slip for injury and third party property for damage to the bike.Kenzo wrote:Bicycle insurance - specifically damage caused by a bicycle to person or property is covered under a person's general contents insurance - no special insurance required - none at all. It's called public liability. Same if you drop your mobile phone off a bridge and it hits/injures someone below or smashes through a car window causing a freeway pile-up - it is covered by your contents insurance should they claim against you... within limits of course - up to 10 or 20 million dollars.BLABBER wrote:Your insurance should cover this,let the insurance companies fight over it-after you have been paid out.
You do have insurance dont you ?
However - cover for the damage to the bicycle itself is hard to find at a reasonable price.
This is the issue here - not the damage to the third party.
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.
- Kenzo
- Posts: 1680
- Joined: Sat Aug 14, 2010 8:13 am
- Location: Daisy Hill / Brisbane, Southside FTW
- Contact:
Re: Law relating to accident involving a group of cyclist
Postby Kenzo » Tue Sep 04, 2012 3:39 pm
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.diggler wrote:Dad sues against motorists CTP green slip for injury and third party property for damage to the bike.Kenzo wrote:Bicycle insurance - specifically damage caused by a bicycle to person or property is covered under a person's general contents insurance - no special insurance required - none at all. It's called public liability. Same if you drop your mobile phone off a bridge and it hits/injures someone below or smashes through a car window causing a freeway pile-up - it is covered by your contents insurance should they claim against you... within limits of course - up to 10 or 20 million dollars.BLABBER wrote:Your insurance should cover this,let the insurance companies fight over it-after you have been paid out.
You do have insurance dont you ?
However - cover for the damage to the bicycle itself is hard to find at a reasonable price.
This is the issue here - not the damage to the third party.
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.
-
- Posts: 34
- Joined: Sun Aug 19, 2012 1:28 pm
- Location: Brisbane
Re: Law relating to accident involving a group of cyclist
Postby manlyman » Tue Sep 04, 2012 6:52 pm
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:
Liability Cover
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.
http://www.bq.org.au/join/insurance/
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:
Liability Cover
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.
http://www.bq.org.au/join/insurance/
-
- Posts: 8
- Joined: Wed May 02, 2012 2:47 pm
Re: Law relating to accident involving a group of cyclist
Postby plugmeister » Thu Sep 06, 2012 7:38 pm
Hi all,
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.
Cheers,
Plug
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.
Cheers,
Plug
- KonaCommuter
- Posts: 978
- Joined: Thu Dec 01, 2011 9:28 pm
- Location: Brisbane Northside
Re: Law relating to accident involving a group of cyclist
Postby KonaCommuter » Thu Sep 06, 2012 8:01 pm
plugmeister wrote:
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 thought your daughters bike was TDF specced?
2012 Oppy A4
Return to “Cycling Safety and Advocacy”
Jump to
- General Australian Cycling Topics
- Info / announcements
- Buying a bike / parts
- General Cycling Discussion
- The Bike Shed
- Cycling Health
- Cycling Safety and Advocacy
- Women's Cycling
- Bike & Gear Reviews
- Cycling Trade
- Stolen Bikes
- Bicycle FAQs
- The Market Place
- Member to Member Bike and Gear Sales
- Want to Buy, Group Buy, Swap
- My Bikes or Gear Elsewhere
- Serious Biking
- Audax / Randonneuring
- Retro biking
- Commuting
- MTB
- Recumbents
- Fixed Gear/ Single Speed
- Track
- Electric Bicycles
- Cyclocross and Gravel Grinding
- Dragsters / Lowriders / Cruisers
- Children's Bikes
- Cargo Bikes and Utility Cycling
- Road Racing
- Road Biking
- Training
- Time Trial
- Triathlon
- International and National Tours and Events
- Cycle Touring
- Touring Australia
- Touring Overseas
- Touring Bikes and Equipment
- Australia
- Western Australia
- New South Wales
- Queensland
- South Australia
- Victoria
- ACT
- Tasmania
- Northern Territory
- Country & Regional
Who is online
Users browsing this forum: No registered users
- All times are UTC+10:00
- Top
- Delete cookies
About the Australian Cycling Forums
The Australian Cycling Forums is a welcoming community where you can ask questions and talk about the type of bikes and cycling topics you like.
Bicycles Network Australia
Forum Information
Connect with BNA
Brought to you by Bicycles Network Australia | © 1999 - 2024 | Powered by phpBB ®
This website uses affiliate links to retail platforms including ebay, amazon, proviz and ribble.
This website uses affiliate links to retail platforms including ebay, amazon, proviz and ribble.