Collision insurance claim advice

General Help
1

Hi guys, I was in a collision with a truck about a week ago, and i’d like to get your opinions/some advice. I was heading down a road about 11am, in a 1.5m+ gap between parked cars and a long line of stopped traffic.

Just before an intersection I saw a small delivery truck pulling out from between a gap in the cars to turn right from the other lane. I was about 1 or 2 car lengths away, braked but still ended up colliding with the side of the truck, came off and hit the ground. I had hit my head of the side of the truck and pretty much everything hurt, a couple of people came over and called an ambulance.

Off I went in a neck brace etc, spent overnight in hospital, luckily just some bruises, muscle damage and stitches in the knee. Not so lucky, bike is a write off, bent frame, forks etc.

I got the drivers details from the police, when I called him he seemed to think it wasn’t his fault, but gave me his supervisors details. His supervisor said he would send the incident report to the insurance company but didn’t really sound like he would bother.

I called the police again and asked him what his report said, basically the driver told him that he stopped and checked before turning, and “just didn’t see me”. The officer said that “neither party was at fault” and it was “just unlucky that we didn’t see each other”. When I told him that my bike was wrecked he said “oh it looked pretty old anyway”, (its a restored ~1983 Ricardo that I bought for $500 and have put a lot more money in to) and that I could try contact the insurance company but it probably wouldn’t do any good.

I think he just turned considering the stopped line of cars, and didn’t even think about bikes. Obviously he would tell the police he stopped and checked, I don’t know if he did, when I saw him he was moving.

The TAC is paying for all the ambulance/hospital bills, Im just wondering if I can get some money for my bike.

A few people I have spoken to have said that I should fight it, I would have no idea how to do that. What do you guys think? has anyone dealt with something like this before?

2

i was involved in a very similar incident a few years ago, from what i understand from your description the truck was in the oncoming lane, and turned to their right, across your path? the police officers who came to my accident had no hesitation in booking the driver with failing to give way, even though he said he didn’t see me, and i got compensation for clothes and bike from the car drivers insurance company, about $1600 after a few months of messing around.
i imagine that it will be easier to chase the driver for the money, maybe with small claims court order, then get him to sort out the insurance on his end, i’m not sure how legal that is, but if his company intends to mess you round it could be hard.

3

also read this thread http://www.fixed.org.au/forums/f10/if-you-get-hit-what-get-9642/

4

Thanks for the reply, yep that describes it pretty well. Yeah my jeans were also wrecked and need to replace the helmet so ill add that to the bill.

When I called up the driver he seemed friendly but when I told him the quote I got was $650 he said something to his mother/wife in the background then said “…oh but you see I don’t think it was my fault”

Thanks for linking that thread it is really helpful, just wish I had read it before! I didn’t get the details of the witnesses, I assumed the police would(?) as I was pretty out of it at the time. Ill have to call him again tomorrow. Hopefully the driver will decide to pay up if I say i’m going to pursue it… otherwise ill try to get a nice looking letter to send him.

5

He didn’t see you? He said that? I ain’t no lawyer but isn’t that some form a negligence on the drivers part. If I hit a another car and I simply ‘didn’t see it’, it’s still my fault.

6

if the police says ‘neither party at fault’ then they have not done the police report correctly

call a lawyer, they will likely add their fee to the insurance claim

7

He didn’t see you, (everybody now!) BECAUSE HE DIDN’T LOOK!

8

^

If you chase up the driver’s insurance, their company will just look at the police report and then decide to not pay you, as it will wrongly state neither party is at fault.

9

k o needs to get in on this thread.

kaaaaaaaaayyyyyyyyooooooooooooooooooooooooooooo (psh psh psh)