I got hit by a car this morning. A SUV driver drove straight though a round-about, with me half way though.
I'm ok (legs pretty bruised), but my bike is close to snapped in half (a crack 3/4 around the down-tube, wheels bent out, etc etc).
I have the driver's details, and the details of a witness who saw it happen and I've been to hospital and I've done the police report thing.
I contacted the driver's insurer and they basically wouldn't deal with me. They said to either get her to make a claim or else to get a lawyer.
I'm sure others here have been though this before - any advice for me?
+1 Gus's advice.
I did that and got 50k payout. Took a while but it did happen. Got a nice new top shelf carbon Trek in the mean time. What motivated me to persist is the way the driver treated me at the scene of the accident.
Im currently going thru another court case now. Already riding the latest DA9000 from it. If people want try and kill you and think they will get away with it, throw the book at em so they learn a lesson so they don't go out and kill someone one day.
+1 with Gus on this issue..
You can still send a letter of demand for your damages for your bike, but I would seek a free consult with a legal person!
Injuries sometimes take a while to become a known issue, so get your details sorted and good legal counsel will take care of everything including the police report on your behalf!
Thanks everyone. I really appreciate all the sympathy & advice. There's quite a lot of good tips here.
I might put together a blog post or something in a couple of weeks once things are sorted out in case other's find it useful.
Nick, glad you survived with minimal injuries.
Please organise promptly photos of your bruises, preferably with date stamp. A week after a car hit me, I wondered why the pain was not decreasing. Back injury, which is common when a person is stopped abruptly by one-tonne of metal. X-rays and catscans to prove bone changes, then physio costing at least $2,000. However, third party insurance classifies it as 'whiplash' to decrease the payout. Be aware that from 1-Jul-2013 the SA Govt is decreasing compensation for most cyclists injured in bicycle-vehicle collisions.
Tindall Gask Bentley Lawyers, who advertise on AC, offered me a first free consult when I mentioned AC. They specialise in personal injury, not property damage of a bike.
For property damage, if you are a member, might get free advice from Bicycle SA, BISA or RAA.
Think this post covers the points.
However, some links to earlier AC discussions at
One thing to keep in mind is that you should document everything.
If you haven't already done so then write down your recollection of events.
If you have a witness get them to write down their recollection of events - you may wish to supply them with a written version that they can simply sign/rejig to fit their recollection so they don't have to spend much time on it.
Take photos, keep copies of everything. Keep written records of all phone calls and conversations.
If it comes down to legal action then having clear records of everything will aid you. As others have said, if you are claiming for more than property damage or property damage in excess of $6000 then you need legal advice. If you have an insurer then it is easiest if you let them handle it. If the claim is for property damage of less than $6000 then you can take action in the small claims court which is the cheapest option.
Some great advice already in this thread. Nothing I can add to it, except to say that I hope you recover fully and quickly, and get fully compensated for the damage to you and your bike.
I had the same thing happen to me on the motorbike and left my insurance company out of the equation entirely. I got the drivers insurance details and rang them and said I wanted to make a claim. Technically, it's a 'failing to yield' type incident. The other driver's insurance company were pretty reasonable and it all got sorted out eventually.
Other than the fact you were on a bicycle and I was on a motorcycle, I'm not sure how these two incidents are different? I'd have another go at the insurance company and tell them you want to make a claim, put it in writing if you have to.
Also, as an RAA member, their legal service has helped me draft the appropriate letters as part of my membership, so if you are a member, have a chat with them.
Speedy recovery from you injuries Nick.
If you want to pursue this then two things first is the body injury - you claim via ctp insurance dont need more than a rego number and driver details and a police report number you can do it yourself by filling in forms which is free on line and they cover hospital bills rehab etc and may pay you out for incpacitation etc if a solid case (legal person would ensure you get a pay out from what you say) or get a a legal beagle they work on no win no pay mostly and it will take 12 months as this is the period when doctors will set the level of incapacitation. sounds long but you may have some stiffness or other problem may become visable in a month or two from this icident so that is why its important to put a ctp claim in. the laws have changed so it is a little harder to get a huge pay outs but if you have an injury that needs rehab the costs will mount up.
second is the bike if they dont claim via their insurance you can get a quote to replace the bike from your bike shop send thenm a letter of demand if they ignore it then if under $10k you can lodge a claim in court small claims claim for less than $10k isnt expensive but better to have a legal person do it. Once it gets to this stage the ball is in their court they can lodge a claim with insurance or pay or fight it then its up to you to to make the case. If you win then you still have to get the money out of them if they dont go to insurance. Once you start the ctp claim they may be more likley to move on the bike claim if they have car insurance (they may not).
Bottom line you would most likley need legal help if thhey ignore your letter of demand but sounds like you have a good case.
From 1-Jul-2013 CTP changes. Decreases markedly for most cyclists, even vetoing payment of medical bills for 'minor' injuries. Physio and dental not covered by medicare, and some private health insurance pay only 12% (after I reached claim limit).