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
witnesses name and number
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;
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
- witnesses name and number. (Witness statements carry far more weight in any proceedings than anyone directly involved)
- 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
- 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)