Crash with Car and Subsequent Insurance Troubles

Rich_j_s
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Crash with Car and Subsequent Insurance Troubles

Postby Rich_j_s » Mon Sep 10, 2018 5:09 pm

Hi all,

I was cycling to work in April on Manly Road heading into the city on the steady decline before Spit Bridge - the same cycle I had done for the previous 7 months without any issue. On this occasion, a P plate driver handbraked to a stop with no visible obstruction in front of him (it was a bus lane) and caused me to go into the back his car and almost through his rear windscreen. I was wearing a helmet (otherwise I'd be dead) but had to be taken by ambulance to the hospital for 7 stitches on my forehead and scans on my spine + brain. The policeman on the scene locked up my bike to the pavement next to the accident and gave me my key when questioning me at the hospital.

It was an accident - he broke because he didn't think the car in the next lane was over enough and hadn't seen me in the mirror- it was just unfortunate for me that it was so sudden and downhill - I had literally no way of breaking on a road bike in time. BUT the law of the lands is that if you go into the back of someone then it's automatically your fault. So the police fined me $450 AUD for negligent riding. I paid the fine hoping for that be the end of it but then I got a $4.5k claim off AAMI (the driver's insurance company). I'm English, and although I live and work on a 4 year 457 visa in Australia, I don't own a car here so I didn't think I had a need for road insurance. So I have no cover and no protection against this claim from AAMI and they are playing hardball in seeking paymetn.


Are there really no options for cyclists in these scenarios? Is my only option to pay AAMI?

To finish, my bike was stolen from where the policeman locked it.. expensive and life scarring incident. Any help/guidance very much appreciated. Thank you, Richard.

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silentC
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Re: Crash with Car and Subsequent Insurance Troubles

Postby silentC » Mon Sep 10, 2018 5:39 pm

Looks like you have been found at fault and so I would guess you are going to be liable for it. It's possible you MAY be covered under your household insurance, so check that.

You could try these guys: https://bicyclensw.org.au/about/service ... ssistance/

And go get yourself a membership, it will cover you for third party damage and public liability.
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queequeg
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Re: Crash with Car and Subsequent Insurance Troubles

Postby queequeg » Mon Sep 10, 2018 7:39 pm

Aside from the at fault issue, what was the $4.5k actually for? What was the damage to the drivers car? I think I recall seeing a post about this somewhere, with a photo of the bike locked up to a fence. It looked ridable, so how did you do $4.5k of damage to a car? Was the driver legally in the bus lane or not?

That aside, do you have home & contents insurance? If so, it should include public liability insurance that should cover you for this sort of thing. If you have a Cycling Australia Licence, it also includes Public Liability cover. If you have neither, then the insurance company is going chase you like a dog going after a bone until they get their money. You may just have to cut your losses (and then go and get some form of public liability insurance)
'11 Lynskey Cooper CX, '00 Hillbrick Steel Racing (Total Rebuild '10), '15 Cervelo S5

hunch
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Re: Crash with Car and Subsequent Insurance Troubles

Postby hunch » Mon Sep 10, 2018 7:50 pm

Don't like your chances! Amount you have to pay is nicely inflated by what I assume is in an under 25 y.o. excess.

I'd be expecting brake lights out rather than use of a handbrake if it's a sudden deceleration especially with a P plater. None I've ever experienced are all that effective, especially on a downhill like that, plus you're minus power assist and limited lever advantage...using a weaker appendage.

tez001
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Re: Crash with Car and Subsequent Insurance Troubles

Postby tez001 » Tue Sep 11, 2018 8:21 am

As others have mentioned, if you have home contents insurance, it will cover you for incidents that you are liable away from the home. If you have no home contents insurance or other cycle cover, then you will need to negotiate with AAMI.

Have you got photo's and a breakdown of the charges? That's the first thing to do and then see what was repaired / being claimed for.

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familyguy
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Re: Crash with Car and Subsequent Insurance Troubles

Postby familyguy » Tue Sep 11, 2018 9:00 am

Is there an argument for contributory negligence by driver?

I would be questioning:
the legality of the car being in the Bus Lane (although it is a T3 lane during morning weekday peak, were there 3 people on board?)
the fact that he 'handbraked to a stop' (why handbrake, no lights, not working, no warning?)

It sounds like a right pickle. $4,500 sounds like a lot of repairs, but if the roof of the car was damaged the figure doesn't really surprise me.

Jim

Arbuckle23
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Re: Crash with Car and Subsequent Insurance Troubles

Postby Arbuckle23 » Tue Sep 11, 2018 10:51 am

You could argue that you had plenty of braking room in front of you, but the car changing lanes rapidly and braking suddenly left you no braking safety zone. Therefore, the crash was unavoidable due to the drivers contributory negligence.

Rich_j_s
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Re: Crash with Car and Subsequent Insurance Troubles

Postby Rich_j_s » Sat Sep 15, 2018 10:56 am

queequeg wrote: I think I recall seeing a post about this somewhere, with a photo of the bike locked up to a fence. It looked ridable


Do you know what post heading this was under please? I've tried searching all the obvious key words but can't find it. A silverlining to having to pay this is that I find my bike!

Blue and Yellow Cannondale R3000r

Thank you all for the advice, I will negotiate with the insurer

Rich

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queequeg
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Re: Crash with Car and Subsequent Insurance Troubles

Postby queequeg » Sat Sep 15, 2018 6:36 pm

Rich_j_s wrote:
queequeg wrote: I think I recall seeing a post about this somewhere, with a photo of the bike locked up to a fence. It looked ridable


Do you know what post heading this was under please? I've tried searching all the obvious key words but can't find it. A silverlining to having to pay this is that I find my bike!

Blue and Yellow Cannondale R3000r

Thank you all for the advice, I will negotiate with the insurer

Rich


I think it was on a Facebook group. What date in April did it happen?
'11 Lynskey Cooper CX, '00 Hillbrick Steel Racing (Total Rebuild '10), '15 Cervelo S5

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familyguy
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Re: Crash with Car and Subsequent Insurance Troubles

Postby familyguy » Mon Sep 17, 2018 11:54 am

Can confirm, this was on FB as a post (will search a little shortly). I think it was framed as "possible abandoned/stolen bike" and that the poster had locked it to the fence with their lock and was looking for owners?

Jim

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familyguy
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Re: Crash with Car and Subsequent Insurance Troubles

Postby familyguy » Mon Sep 17, 2018 11:59 am

Found it: https://www.facebook.com/groups/1428250 ... 378003534/

No idea on what actually ended up happening, sorry.

Jim

duncanm
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Re: Crash with Car and Subsequent Insurance Troubles

Postby duncanm » Mon Sep 17, 2018 2:37 pm

$4.5k sounds reasonable for this.. glad you came out of it alive.

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find_bruce
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Re: Crash with Car and Subsequent Insurance Troubles

Postby find_bruce » Mon Sep 17, 2018 3:57 pm

Before you pay-up, consider the following:
  • Have they provided the detail required in road rule 287
  • Did the driver have a valid licence at the time?
  • Was the vehicle's registration current at the time
  • What damage was caused by the collision?

Insurance companies will often try to avoid providing personal details claiming privacy considerations despite your right to know under the road rules.

Similarly it is not unknown for people and or insurance companies to claim preexisting damage as having been caused by the accident. In the small photo above, it looks like it has a broken rear window, which seems to be consistent with your helmet hitting that part of the car

It also appears to show a large dent in the right hand rear & I am struggling to imagine how the collission could cause both.

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Re: Crash with Car and Subsequent Insurance Troubles

Postby AUbicycles » Wed Sep 19, 2018 1:49 am

I think it is in your right to ensure that the driver has a market accurate and competitive price repair... i.e. it is a demand and I would be interested to know if this was the highest premium and if there is negotiating room. Insurance companies negotiate to also pay the minimum possible.

Yes, enquire whether the driver was also driving completely legally and whether they can claim 100% in damages. Generally though, as noted, if you run into someone you ard automatically deemed at fault... it is a nasty stretch of road.. glad it wadn’t worse.

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