Hey mate, a guy cut across the bike the lane the other day right in front of me and I hit him. I was traveling straight along Wilson St, Newtown and he turned right across traffic in front of me. His insurance company is telling me I’m at fault because a “witness” who I didn’t see at the scene claims they honked their horn to warn me of this guy pulling out. Somehow because I didn’t hear the alleged horn and realise the warning, it has become my fault, even though I had right of way. Surely the fact that I had right of way, regardless of some “witness”, puts him at fault for not seeing me.
I’m not sure if my description of the story has enough detail to fill you in properly, I just got off the phone with his insurer and I’m pretty pissed off because my bike is fucked and they are telling me I have to pay for his car as well. I would like to hear your thoughts on the matter.
The insurance company can suck a dick. From what you have said you were in the right. Are you a member of a cycling advocacy body? They can help out in these situations with legal advice. Even if you aren’t give them a ring and get them to put you onto a good lawyer. One well written letter from a law firm can often scare the shit out of the parasites at car insurance firms. They prey on people not knowing their rights and being scared into paying up for something which isn’t their fault.
Also get all demands from them in writing. You may find they change their tune a little when they have to commit it to paper.
And take notes every time they call you, or you call them (date, time, who you spoke to, what they said). You’d be surprised how good it feels to be able to say “No. On __________ I spoke to _______ and he said ___________”.
I agree with all this. Insurance companies are very good at pressuring people, they have to be because if they paid out every time they were meant to, they would go bust. If the car turned in front of you when you had right of way then YOU are in the right. Period.
As for the alleged witness honking his horn, that sounds like a load of bullshit. And anyway even if there was someone there using a horn, what does this mean to you at the time? How are you meant to know that he is honking at you and what is he honking his horn for anyway? Unless someone says to you “there is a car turning right in front of you” then a horn in the middle of a lot of traffic in the middle of a city could mean fucking anything.
Get some more advice if you can, sounds like the insurance people are going to jack you up, but remember it’s nothing personal, It’s just what they do because they have to be assholes to make money.
Thanks for the advice. Since almost losing my shit at the 1st lady I spoke to and arguing the point with her, she has passed it on to her colleague to get a 2nd opinion. So I called them back the same afternoon and it looks like they have seen the light and are now holding the driver at fault and they are asking for photo’s of my bent bike and a quote to replace it. So after a day of stressing they would hit me up for the $$$ to fix the dudes car, it’s looking like, hopefully, they will do the right thing… HOPEFULLY.
I got hit today in the bike lane by some dopey bitch doing an illegal u-turn on Burnley Street. Bitch hung around long enough to establish whether I was dead or not and then fucked off. I made the mistake of standing up straight away and thinking I was okay. Obviously I was not, but was running on adrenaline and felt nothing. Depsite the fact I went over her roof she took this as admission I was fine and left. A stranger helping me mouthed off at her to no avail.
Long story short, I have a pair of bent forks and a sprained wrist and nothing to show for it.
Got hit today on Albert Street coming into the city at the traffic light intersecting Hoddle street. NPQ382 was the offender - white car. I got pushed onto the ground and a bent seat post - nothing else apart from grazing. Freaking idiot even had the nerve to shout ‘OI’ as he rammed me once the light turned green. Didn’t have enough strength to catch him up Albert Rd.
i wacked some woman’s mirror today, as she almost cleaned me up when she failed to give way at a round about. the churlish turd had the hide to beep me after.
Got a smack today. Driver turning into the servo on Port Rd near the Coca Cola factory cleaned me up. Just a light smack, I landed on my feet and just buckled the back wheel. She was going pretty slow - I’ve done much worse to myself out mountain biking. Thanks to the unnamed guy who was riding behind me on the MTB who stuck around for moral support/witness duties. After the initial brouhaha we both calmed down and she was very apologetic.
She followed me straight to the bike shop, which was shut. I said look the back wheel is just buckled, so 30 bux will cover it. She didn’t have any cash, so we decamped to the supermarket round the corner. She comes out gives me fifty and a powerade. After more profuse apologies and we part company. So good karma on you lady, just be a bit more careful next time!
[\QUOTE]I said look the back wheel is just buckled, so 30 bux will cover it. She didn’t have any cash, so we decamped to the supermarket round the corner. She comes out gives me fifty and a powerade. After more profuse apologies and we part company. So good karma on you lady, just be a bit more careful next time![/QUOTE]
Got hit today, the old “idiot overtakes me on my right and flies into a carpark on our left just cause they are idiots”. Front wheel is pretty buckled, cracked my helmet, went down fast and hard. I know for sure I had one witness, and old fella who seemed to work nearby, who advised me to lie down, which is a good idea. But by the time I got to my pen and clipboard for his details he was gone!
Lady was kind of a dick and told me it wasn’t her fault until I advised her in the kindest way I knew how that it was indeed her fault, she accepted fault.
Glad you’re not hurt mate. If you make a statement describing what happened to the cops, I’m sure they’ll find it was her fault. Get your statement in and you can use that as leverage if you need to. You’re the who suffered damage, not her. Hit up for the money!
I have had a witness for a couple of mine, it wasnt needed in most cases. It helps if they challenge your version of events later.
one idea would be leave a sign up on a couple of posts nearby with your number asking for the witness to contact you (high torment factor from your co-workers possible though). if he was helpful he might want to come forward.
Got the phone call we all dread this afternoon.
3pm at my office the mobile rings, Oh its Jo, “Hi!”. Bit of a pause and then another lady’s voice greets me and begins to tell me she’s been in an accident. FUCK! I think all I asked was “Where!?”, and hung up. I ran out of the office and jumped into the car, raced to the scene cursing at all the red lights and slow drivers. When I came around the corner I see the flashing lights… an ambo and cops. Oh man, was I shaking by this point! Pulled over and saw her on the ground with the bike on the floor. Thankfully bystanders were very helpful with assisting and diverting traffic. I saw the dude who hit her, scruffy old man with no shoes driving a fucking 4wd with a massive roo bar. So much rage and boiling blood, almost charged at him but got pulled back and thought it wasnt worth it, later I found out she already gave him a mouthful! I just got back from the Hospital and after X-rays and all the tests, she has a bruised hip, a tennis ball for a wrist, a fractured jaw in two places and covered with road rash. All because some cvnt didn’t look while entering the round-a-bout. Shes in hospital for 2 nights, being operated on tomorrow. She’ll be recieving two metal plates and bolts in her face.