If you get hit what to get

#1

So i’ve just been hit again, and after i coudln’t get any monies out of the last guy i was sure not to make the same mistakes with this accident.

I thought i might put up a list of things to grab if you get hit so if they don’t pay you can persue them.

Might seem like common sense to some but it wasn’t for me, especially when your’e in a little bit of shock and the adrenalin is flowing, and it’s the first time you’ve been collected.

licence details-address name and licence number
contact number
insurer
witnesses name and number
rego

there might be others things if so please ad, but name and number isn’t enough. if they decide to be a prick then you need to have their address so you can do this;

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Another guide from ST24:

After a friend was recently hit by a taxi and having my wife do daily commutes down sydney rd i decided to condense a lot of the useful information in this thread to something more manageable.
It’s probably a little VIC bias but i am sure it can be easily changed. Please let me know if any of the information is inaccurate.

In the case of an accident take down the following information:

  • licence details-address name and licence number (take photo if possible)
  • contact number / address
  • insurer
  • witnesses name and number. (Witness statements carry far more weight in any proceedings than anyone directly involved)
  • rego
  • make & model of car if known. (if it is a hit & run get a description but do not guess, the description needs to be is something like “black sedan” or “white 4WD”. Don’t go into too much detail because if you get it WRONG lawyers tend to use that kind of thing against you)
  • Take heaps of photos of damage to personal belongings and damage to other persons car

Call the police. If you get hit you are injured so that fits in with below requirements.

If people are involved in a collision, they only need to report to police where:
• Any person involved in the crash is injured (call Triple Zero (000) immediately).
• The collision is causing a traffic hazard (call Triple Zero (000) immediately).
• There is any ongoing danger to people or property (call Triple Zero (000) immediately).
• A driver appears to be under the influence of alcohol or drugs (call Triple Zero (000) immediately).
• Damage was caused to property other than your vehicle (such as another car, fence) and it is not possible to contact the owner.
• There has been a hit and run incident where damage was caused and details were not exchanged.

If the person at fault is being aggressive stop talking to them immediately and report this to the police. Be nice but firm to parties involved (driver / witnesses), being aggressive can be used against you and can also put people against your side of events.

If the police & ambulance attend they will make a report. Ask for a copy. Also ask for the following information nicely:

  • Badge Number
  • Names
  • Contact info

At the first available opportunity make hand written notes of timeline of events. This will help when making a claim.

To make a claim ask the person at fault for insurance claim number.
( Even if a driver is undecided about whether to claim on his/her insurance policy, it is best to report the accident to the insurer as soon as possible. If the accident is not reported to the insurance company immediately after the accident, then the insurer may try to deny a later claim for compensation)
If you were not provided with insurance details the ‘The Motor Accidents Authority’ will give you details of their insurer if you have the licence plate number and the accident date.

If the person at fault is not going through insurance get a minimum of 3 quotes for damaged items. This includes all items: Bike, wheels, clothing accessories, helmet etc (after a heavy knock a helmet should not be reused as it can be damaged internally and the structural integrity could be compromised)
Send the information to the party at fault and request reimbursement.

If the person at fault refuses to pay then seek legal help to write a ‘Letter of Demand’
This can be done through a lawyer, Bicycles Victoria (if you are a member) or a Legally competent friend.

Another benefit on BV membership is the income protection insurance which is included in the membership fee. It applies in the case of bike only accidents, no cars involved. If there had been a car involved then it would be covered TAC or private health insurance.

If the person at fault still refuses to pay then log all communications and you will need to lodge a civil matter claim through the Magistrates Court (VCAT only does disputes on goods & services)

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#2

This^^

i didn’t get enough details one time, did myself out of a payout…

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#3

I stickied this for future reference.

Please don’t add anything that isn’t relevant.

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#4

Make sure you put in a statement to the local police station about the accident. Then you have another piece of evidence to submit if needed.

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#5

Take photos of anything and everything, if you are able, and present them to police and if it happens to the court. Anything you have will only add weight to your claim.

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#6

I remember when Ross was involved in that hit and run last year the police wouldn’t take his statement despite him having the car rego details, so having witnesses to back up your detail is a big advantage as they can also verify your story.

Is there also any truth to the rumour that if an ambulance is called to a traffic accident, police also have to make it on scene? Chances are if you have been hit by a car you’re gonig to have to get to hospital, so going via ambulance could be a better option than making your own way there.

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#7

I got hit by a car while I was riding a motorcycle about 6 years ago and the ambo told me that the police are always notified when an ambulance is called to a traffic accident. Dunno if that means they will always show up, but they did in my case.

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#8
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#9

Even if they don’t turn up on the scene, if they have some record of notification by the ambulance service, hopefully that would work in your favour when recovering costs.

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#10

When I got hit they also showed up, I guess it depends on the severity of the accident? Perhaps…

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#11

Good info here (NSW at least) for anyone who wants to know what your rights and obligations are after an accident. Starts at Chapter 11.

http://www.lawlink.nsw.gov.au/lawlink/corporate/ll_corporate.nsf/pages/attorney_generals_department_older_people_and_the_law

A couple of useful parts from it. Also details your legal obligations after an accident where there is property damage or personal injury.

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#12

Delete if irrelevant/considered too illegal, but getting a bell/lights and some brakes if you don’t have them could also be a good idea in case they need to inspect your bicycle.

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#13

Also side note with the ambulance - there is an $800 dollar fee if your private health insurance does not cover ambulances. I got slapped with an $800 dollar taxi ride to the Alfred once.

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#14

Sd, the cost is relevent to the service they provide. I’ve had friends get $2000 bills, and also heard stories of $5000+ for air lifts off Buller etc.
If you don’t have ambulance cover you deserve the cost anyway, its so cheap per year

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#15

A couple of things…

I wrote out my statement at home last time I got hit and took it into the local police station. They were fine with registering it and after reading it said they could send a fine to the driver given what the idiot did to cause the accident.

Also, if you ride or race, ski, snowboard or play a full contact sport, get a subscription to the ambulance service. It’s better than wasting your money on a BV subscription and as seen above, it can cost a small fortune if you do need one.At $75 for singles and $150 for a family, it’s worth it.
http://www.ambulance.vic.gov.au/index.html

HINT: If you don’t have a subscription and get hit, try to get a lift of a good samaritan, as I did when I got hit on my motorbike years ago.

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#16

Doesn’t medical coverage (private or public) cover ambo rides? I can’t believe it doesn’t but now I need to check my own coverage being new to the country.

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#17

It depends on the policy… Read the fine print. I have both to be certain.

With regards to cops attending… I was hit and run by a bus on a motorbike a couple of years ago. I called the cops, they told me to wait at the scene so they could take a statement. They called me back in 20 mins to say they were too busy to attend. Visit your local station I was told. I had a mate come and pick me and the bike up, went to the local cop shop and they wouldn’t take the statement… I have no faith in the coppers these days.

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#18

With ambulance bills - I had a ride in Sydney recently - if you are a QLD resident and have a power bill or license to prove your residence the fee is payed by the ambulance levy on your bill.
This works if you are picked up in any state. The NSW ambos just asked for proof of my QLD residence…

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#19

I thought if you got hit on the roads and require an ambo, that the costs are covered by TAC? I always thought ambo cover was to cover the need of an ambo for all other instances…

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#20

If it’s deemed that the TAC are to pay you still have to meet their medical excess of $564 unless you are admitted to hospital as an inpatient then it is waived.
It is far better to have ambulance insurance and not need it than having to fork over after an accident, plus the ambo’s one day might have to save the life of someone you know.
If you’ve ever been witness to the ambulance service at work they do an awesome job considering.
$75 per year aint much in the scheme of things really.

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