ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

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RetroPilot
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ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 10:03 am

anyone who witnessed the accident last Thursday afternoon 3.30-4pm heatherton rd., Springvale, near View rd intersection, small red car (Mitsubishi??) elderly driver, struck cyclist, cyclist was seriously injured, police/ambulance attended, please PM/ email me. pfarnell@optusnet.com.au

Perhaps even if you did not see it, you remember someone you know mentioned it, please let them know about this ad. T/Y

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 10:08 am

and yes, I AM in the wars, bike knocked off June 22, now ME knocked off, a month later.

Left collarbone and 2-3 ribs...collarbone is obviously the major issue out of that..one armed walking wounded.
any advice for recuperation that injury also welcome.

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Leaf T
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby Leaf T » Mon Jul 30, 2018 10:30 am

Best wishes mate. Sounds awful.

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 10:57 am

t/y...re privacy, police will not provide me with driver contact details, even though she did stop and was spoken to..I have property losses as well as damaged body parts...what do I do on the property aspect re her insurance? etc..

AdelaidePeter
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby AdelaidePeter » Mon Jul 30, 2018 11:23 am

RetroPilot wrote:t/y...re privacy, police will not provide me with driver contact details, even though she did stop and was spoken to..I have property losses as well as damaged body parts...what do I do on the property aspect re her insurance? etc..


Isn't she legally required to give you her details in the case of a crash? Australian Road Rule 287:

[You appear to be in Victoria and "There is no rule 287. Refer to sections 61(1) and 61A(1) of the Road Safety Act 1986." Excerpt from that act is below, from http://www8.austlii.edu.au/cgi-bin/view ... 5/s61.html ]

ROAD SAFETY ACT 1986 - SECT 61
Duty of driver etc. of motor vehicle if accident occurs
(1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle—

(a) must immediately stop the motor vehicle; and

(b) must immediately render such assistance as he or she can; and

S. 61(1)(c) amended by No. 8/2018 s. 9(1).

(c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle and, in the case of an automated vehicle, state whether it was operating in automated mode at the time of the accident—

(i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or

(ii) to a person representing the injured person or the owner of the property; and


I would ask the police what you are meant to do if she hasn't given you her details like she is legally required to.
Last edited by AdelaidePeter on Mon Jul 30, 2018 11:32 am, edited 2 times in total.

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby Thoglette » Mon Jul 30, 2018 11:25 am

RetroPilot wrote:what do I do on the property aspect re her insurance? etc..

This was all covered in another thread recently - in short it's her insurance not yours so you need to serve her with the bill - once you find out what everything adds up to.
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RetroPilot
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 11:28 am

yes ..driver did stop, and police collected her info, as I mentioned...but they will not give that to me..meanwhile, at the scene,i'm sitting on garden wall, grimacing groaning in pain clutching shoulder, then I'm being loaded into meatwagon..so did I collect her info myself, well, no..

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby AdelaidePeter » Mon Jul 30, 2018 11:41 am

From http://www.police.vic.gov.au/content.as ... ent_ID=683

"Any person who is injured or suffers property damage as a result of a traffic accident may apply for a copy of the collision report, or may authorise a person to represent them and apply on their behalf."
...
"Please allow a minimum of 10 working days for Accident Report applications to be processed. Accident Reports cannot be released prior to the completion of the investigation.
"
cost is $52 (+$1 per page after page 10).

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 11:42 am

anyway, accident was ...me and other vehs stopped at red waiting on view rd, which is T intersection terminating on Heatherton...light to green...large truck turning left crawls off, I move off ubderway for sweeping right turn to go west on heatherton...half to 3/4 through that turn, good as gold, no inkling of anything amiss...sickening humongous impact on my left rear quarter..driver has apparently missed her red , still had time and space to see me and brake or avoid me, but obviously saw me as well as she sees traffic lights...very elderly woman looks about 1.40m tall, I can't even see how she sees over steering wheel...well, apparently, she doesn't...meanwhile I'm up in the air and down in a heap head-first and again on lft shoulder...unsure if bone broke on car impact or road impact...both were blinding impacts, especially car impact..they say her door mirror is broken,, I assume her RH one...that must have hit me somewhere..it's apparent with her standing in front of me minutes later, that the woman can barely see her hand in front of her face..80-85yo..maybe more.."license review" say police...great...but I'm not 100% sure they understand that she missed the red..difficult to get through to police station on phone..

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 11:44 am

yes, but might not that have driver contact details redacted?

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 11:51 am

oddlt enough bike front wheel is demolished, anf handlebars had shifted 90 deg parallel with wheel, but so far, bike appears otherwise maybe undamaged, unless forks have gone back...but I went up to recover wreck 2-3 kms away, on saturday afternoon...took a bus up adjacent main road with spare front hybrid wheel in my hand, got out, walked maybe 5-600m to crash site, , managed to get smashed wheel off, tied that on back of bike, and it on, and walked it home..

cops locked it to tree in adjacent house's front yard for me..I was still anxious to recover it, before somegthing happened to it as well..

time I got home was in agony from 2-3kms walk with shoulder bouncing around in sling, but still glad I brought my dead home...

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 11:53 am

how or why front wheel bore the brunt of obvious physical damage, when impact was from my blind rear left quarter..maybe someone can accident physics that for me...?

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Mon Jul 30, 2018 12:04 pm

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby 10speedsemiracer » Mon Jul 30, 2018 1:18 pm

Sorry to hear of your incident and injuries.
Guessing that the impact sent you/bike airborne, and front wheel was initial contact point, hence the buckle, and which would also be an indicator of how your collarbone came to be messed up.
In terms of $ recovery, I think it would be wise to engage a Solicitor to co-ordinate personal injury and damage to property claims.

Good luck with this, and hope the injuries heal up soon.
Last edited by 10speedsemiracer on Mon Jul 30, 2018 1:38 pm, edited 1 time in total.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby ValleyForge » Mon Jul 30, 2018 1:36 pm

10speedsemiracer wrote:...I think it would be wise to engage a Solicitor to co-ordinate personal injury and damage to property claims.

Surprised they haven't called you already!
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Tue Jul 31, 2018 8:37 am

yeah, no, I did speak to Blackburns yesterday and will be seeing them on Monday..

have now been given most of driver's details, even though this was refused citung privacy on my initial attempt...have her name/address, which is very local, she was (AT) 1km from her driveway...will approach her for her insurance companies name, then either contact them or just leave the relatively modest property claim to lawyers as well..
attending police member was good enough to phone me an hour or so ago..it was Dandenong HP rather than Springy cops as I assumed..I was relieved to hear that 2 witnesses told them the woman simply blew through the red facing east up heatherton rd like it was not there, and proceeded to drive through me like I was not there..she has been cited on the red light, so i imagine that is $4-500 worth..and will face a "license review" because of her age..
the thing was spectacular in impact and afterfall, and watchers all expected me to be dead or very gravely injured...they amazed again when I got up almost immediately and walked back through my own debris field forcefully and angrily , one arm limp, like a Terminator..

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Tue Jul 31, 2018 8:49 am

10speedsemiracer wrote:Sorry to hear of your incident and injuries.
Guessing that the impact sent you/bike airborne, and front wheel was initial contact point, hence the buckle, and which would also be an indicator of how your collarbone came to be messed up.
In terms of $ recovery, I think it would be wise to engage a Solicitor to co-ordinate personal injury and damage to property claims.

Good luck with this, and hope the injuries heal up soon.


t/y...I am unsure myself if the collarbone has snapped re actual first impact, or when I then crashed to road on same side, as both impacts felt shattering and rung my bell..
I fully expected impact marks to left rear of bike, as that is where it impacted me, but damned if I can see anything definite so far besides the destroyed wheel..I must not have had handlebars bolt on 100% tight, as they had rotated 90 degrees...I didnt have allen key tool with me when I collected it, but was still able to turn the handlebars back straight with some effort, to be able to wheel it home...still suspect forks must be pushed back or twisted..damaged, but can't see definite signs of it so far..rough spare 700x35 style front wheel I took up went on easily enough..

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby Crawf » Tue Jul 31, 2018 9:34 am

This sucks to hear, you are in for a long and lengthy process to get your compensation.
I know because I have recently been through a similar ordeal it, albeit not so badly injured and with the Police on my side.
Good luck and document absolutely everything, timelines, interactions, expenses, communications, repair quotes, the accident/your positioning/attire in detail... etc

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Tue Jul 31, 2018 10:06 am

yeah, well was wearing vizvest orange/yellow too, as ambos remarked..thick padded jacket underneath, which may have provided some cushioning and abrasion protection...still had skin off feet-hands-knees..

major issue by far is the snapped L clavicle, though..

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RobertL » Tue Jul 31, 2018 1:53 pm

RetroPilot wrote:they amazed again when I got up almost immediately and walked back through my own debris field forcefully and angrily , one arm limp, like a Terminator..


I'm really sorry that you got hurt, RetroPilot, but that description really made me laugh.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Tue Jul 31, 2018 4:58 pm

only thing missing was a burning petrol tanker..

I've spoken to driver...has a good attitude , decent sounding and is insured, fortunately, but still does not seem to understand exactly how or what happened..seemed not to know that I suffered actual broken bones..whether playing it dumb or not I'm not 100 % sure, but sounds sincere...also sounds almost suspicious about how fast police arrived...maybe 5-8 mins after impact..they drove her and her car home, which was good ..they have just had it over having mirror replaced..
anyway, I now have her insurance company name and her plate number..lucky she was insured, 02 Corolla, car is no spring chicken same as she isn't...she seemed still unaware that broken bones had happened..

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby nemo57 » Tue Jul 31, 2018 7:10 pm

Retro
Your personal injury aspects all go through TAC. I imagine you've already signed forms in relation to that via hospital, but if you haven't then get in touch with them: they will cover all medicals/whambulance etc.
If you've had to take time off work TAC no-fault compensation will pay something, but you'd have to be much more seriously injured to make a common law negligence claim against the old duck.
For your property losses you'd be tapping into her insurance. If there are statements from the two independent witnesses or the attending cops made a decent report I wouldn't expect the insurer to put up much resistance, though it might want to chisel you on amount.
Best of luck

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby ColinOldnCranky » Wed Aug 01, 2018 12:21 am

AdelaidePeter wrote:Isn't she legally required to give you her details in the case of a crash?

But the police are probably not the one to address the failure (other than to hit the driver with a related offence).


AdelaidePeter wrote:I would ask the police what you are meant to do if she hasn't given you her details like she is legally required to.

I imagine that the answer is to initiate a process of discovery. ie Initiate a suite through the courts. yech!

The law generally works, but not very conveniently, cleanly or affordably at times. :( One of the reasons to insure I guess.
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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Wed Aug 01, 2018 8:51 am

nemo57 wrote:Retro
Your personal injury aspects all go through TAC. I imagine you've already signed forms in relation to that via hospital, but if you haven't then get in touch with them: they will cover all medicals/whambulance etc.
If you've had to take time off work TAC no-fault compensation will pay something, but you'd have to be much more seriously injured to make a common law negligence claim against the old duck.
For your property losses you'd be tapping into her insurance. If there are statements from the two independent witnesses or the attending cops made a decent report I wouldn't expect the insurer to put up much resistance, though it might want to chisel you on amount.
Best of luck

thanks...I figure the property loss at around $1500-$1700...will phone gio today re that..yes, I did wonder what I'm looking at re compensation tac , I don't know for time being if shoulder will heal to 100%, I'm about to turn over week 1 since impact and heaps of pain, indignity and inconvenience so far..

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Re: ANY WITNESSES , car/cyclist accident Heatherton rd Springvale 26/7 3.45pm 26July

Postby RetroPilot » Wed Aug 01, 2018 8:55 am

I've caught up on who she is, anyway...about 15 min phone convo yesterday, which was cordial..her husband had the car down being repaired, so whether that is both their cars or hers only and if so she obviously intends to keep bloody driving, on which I made no comment..
she just seemed a bit Bourne Identity about rapid police response...

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