What's my next step?

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Originally Posted by corbs

At least if it becomes a legal matter I will have a lot of evidence behind me in that I tried to keep him informed of the progress

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did you tell Defence medical taht the crash was a third party fault?
if you did, it should already be a legal matter as Defence medical (or department of Finance) will likely lodge a 3rd party claim on your behalf.

You could "innocently" mention this as the "guilty party's" failure to cooperate could render it very expensive for them to renew the insurance, and more so if they don't own the vehicle involved
it could be the vehicle was where it shouldn't ahve been!

also, follow up with RTA about how you get address of other party so you can start civil preceedings

The vehicle is registered in QLD and I have all the paperwork I need to get his details, just need to . I am on leave at the moment but am good friends with our senior medic onboard so will talk to her about that side of things when I get back.

One question though, I have the $$ to fix the bike. Would it harm my situation to get it fixed and then seek re-imbursement or should I just keep my busted bike until he can sort his situation out? I would much rather have my road bike in Sydney rather than get around on my MTB.


Corbs

I'm not sure on this one but I'm sure others will be.

That being said, my initial thoughts would be - get it fixed but only after an independent assessment by a qualified assessor, written quote[s], [do the Arlo Guthrie bit from Alice's Restaurant] take a heap of photos [date stamped] with descriptions of each bit from all angles - printed copies can be initialled by the assessor. Should any of this cost then a claim for the incurred costs could be included in your overall claim.

I could be wrong but this sounds OK to me but I stand to be corrected.

Regards,
Bob

Doing what Bob says should see you right. I've done it with just receipts for the repairs, but they tried unsuccessfully to claim that I'b replaced the parts with better than original.

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Originally Posted by corbs

The vehicle is registered in QLD and I have all the paperwork I need to get his details, just need to . I am on leave at the moment but am good friends with our senior medic onboard so will talk to her about that side of things when I get back.

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that's an added "lever" for you. If the vehicle is registered in QLD, and the driver has lived in Sydney for more than 3 months then technically the vehicle is unregistered and uninsured -- an added reason for him to settle with you rather than have the cops knocking at his door

If it is anything like some of the bike lanes I have seen painted on roads, it would be the councils fault for drawing make believe lane space on an inadequately wide road.

If you hit a vehicle in front from behind I would suggest to check legally that you are not actually at fault.

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Originally Posted by corbs

...when a parked van driver threw his door open infront of me. I tried to swerve but not enough notice and I hit the door and got thrown on the road....

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Fuzzie, hard to understand how I could be the at fault noting the above scenario. I should also point out that I always ride with a white flashing strobe on the front and a red strobe on the rear. I wear a helmet and stop for red lights and little old ladies:wink:

Please don't confuse my riding with the plethora of idiots you may see around Sydney and other areas, they ##### me to tears and I have no issue with telling them so:~. It's their poor riding behaviour that gives the rest of us a bad name and makes it hard to be taken seriously as a valid road user.

Sorry Corbs, I'm not anti cyclist and I'm glad you weren't badly injured, I just thought I'd raise the question of legally at fault .vs. rationally at fault seeing you don't seem to know where your rights to claim lie. Getting legal advice early can't be that harmful.

Insurance companies and lawyers LOVE to make the distinction and its not always the obvious outcome (Check your flood cover). The first rule on any insurance company advice on what to do at the scene of an accident is not to admit liability.

You haven't indicated if you were riding in a bike lane or to the side of the normal traffic lane or if the car was parked in a marked space, so I'd say there are a lot of questions a lawyer may ask before making a case.

It does raise the issue however of whether cyclists should carry at least 3rd party insurance for riding on public roads, if not comprehensive depending on the value of your cycle.

So Fuzzie, what would your response be to some clown opening their car door , while you are approaching in your car and you not having enough time to respond?

This bloke is in the wrong for not taking due care and attention, before alighting from a stationary vehicle in a safe manner. :roll:

Don't take this personally, but I get sick of the responsibility being thrown back at the people not at fault. There is no difference to pulling out in front of someone and them hitting you.:no:

Your at fault so you pay! :?

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Originally Posted by Foo

So Fuzzie, what would your response be to some clown opening their car door , while you are approaching in your car and you not having enough time to respond?

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Drive through it, take his car door off and let the Insurance company sort it out because in Queensland he would have been disobeying clause s269 of the Queensland road rules.

Having been riding for 50 years and driving for 40 years, I appreciate both the value of having a big steel box around me on a shared vehicle road and of having a suitable insurance policy.

Remember that no accident claim is for 100%

They claim that because you were there you are 50% to blame

My son had an accident where he ran into the rear of a car that came out in front of him. He had no where to go but rear end the car in front. The insurance blamed him 60% because he rear ended the car and the other 40% for the the other driver.

No one was hurt sons car written of because it was going to cost too much for repairs.

Further consquence is that his insurance premium is now higher and because he has had an accident harder to get insurance anywhere else at a lower rate.

And I would bet the other driver will be paying a higher premium.

Andrew it may be easier to fix the bike and see what the outcome is later, you may be up for more money.