hello adelaide cyclists,
last thursday i got door-ed on my way home for lunch. heading south on pultney st a parked van didn't look before opening his door.
my chin and cheek took the brunt of it, but nothing a bit of surgical glue and three stiches couldn't deal with. medically i'm fine. the bike seemed mostly ok. front wheel a bit untrue and a slightly bent rear derailleur but figured just needed a service.
i put the bike in the shop on friday but as its the fun time of year it couldn't get looked at untill today. got a call from the mechanic and he said that the fork (carbon) might be a bit weak and that i should consider replacing it.
the question is: does the driver need to pay for my bike repairs? when i though it was just a service i figured i wouldn't bother, but if its gonna be more then it might be worth the effort chasing up.
the day is a bit fuzzy but i remember talking to a police officer at the hospital and he said that the driver was at fault and was fined and that he was responsible for any medical bills but not the bike repair. but that sounds fishy, he caused an accident with damage to another vehicle, surely he'd have to pay for it.
anyone with any experience?
worst thing about all this: i missed the bupa challenge tour!
EDIT: thanks everyone for all the advice and comments. the adelaide cyclists community is truly one of the most supportive. i'll keep everyone updated with the outcome
EDIT 2: i wrote a letter to the driver informing him that i was holding him liable for the damage to my bike with attached quotes. a couple of days later he gave me a call and was disputing some of the damage, i told him to go to the bike shop and get things explained there. He did that but still wasn't convinced that my fork needed replacement - after all it could still be ok. i can kind of see where he's coming from but mostly didn't want to bother arguing too much so i took his offer of paying half of the bill.
took avantiplus unley a week to get the fork in, realised it was the wrong fork so another week after that to actually got it done and installed. color scheme doesn't match (white and red fork for a mostly blue bike) so it's looking pretty unique. the driver paid his half and i picked it up yesterday.
once again thanks to everyone for their input and support through this forum. i probably should have stood my ground more and made him pay for the whole thing but i really didn't want to drag this out any more then it already had.
I was walking along the path in front of the van when it happened, didn't see it but certainly heard it, turned round to see what the big bang was and saw you and the bike sprawled in the middle of the road and the van drivers door wide open.
You didn't look in a good way but were conscious and wobbly on your feet, lots of people rushed to help you. The ambos turned up very quickly and three cop cars shortly after, you probably know the rest from there. We had lunch in the Thai restaurant and you were still with the ambos when we came out about 30 minutes later.
I'm no legal person, but you should be able to claim against the guys insurance - just ring them up and ask to make a claim once you have his details.
Sorry to hear about the bupa challenage, you missed a great day.
the pedestrians around the place were very helpful from what i can remember. a lady wrote down his rego number and gave to me just incase he did a runner, there was at least one guy who talked to me for a while and assured me that it was the driver's fault and that my bike didn't look too bad.
didn't think i spent too much time on the sidewalk but obviously not! memory is a funny thing once you get hit on the head!
Its been mentioned buy Angus, but in your shoes I would seek counsel from tgb or one of the many legal entities that usually offer a free conversation to discuss your options.
The bike repairs replacement are certainly a focus for most of us in this instance, but do not discount your personal health impact from this collision.
Injuries may not present themselves immediately following a collision but may start to show in a few days following and for this I suggest some legal advice if not representaiton.
Only my opinion based from the hard school of experience.
PM me if you wish to discuss.
a week later i'm still ok, the jaw is almost back to normal and the stiches will come out tomorrow. i'm not going to claim medical stuff. will proceed with the bike repair claims though. thanks for the advice
yeah i don't have insurance that will cover the bike. thanks for the help
David, sounds fortunate that your shoes were there to protect your feet, and not forced off as sometimes happens when a car hits a pedestrian (or perhaps more correctly pedestrian knocked out of shoes).
Womble, could have been interest of the employer to improve employee safety, or face a rise in insurance premiums.
I read somewhere this month that travel to work no longer covered, but covered if required to travel between employment places.
A while ago I clipped a traffic cone, tore out the rear derailleur cable stop, which caused damage to my frame. End result - LBS assessed my bike as a write-off, $100 insurance excess and new bike. So have a chat with your LBS and insurer. BTW my insurer was my household insurance co.
Who are you insured with Simon? That sound too good to be true.
I thought insurance would just replace the frame.