Crash with Car and Subsequent Insurance Troubles
-
- Posts: 2
- Joined: Mon Sep 10, 2018 4:42 pm
Crash with Car and Subsequent Insurance Troubles
Postby Rich_j_s » Mon Sep 10, 2018 5:09 pm
I was cycling to work in April on Manly Road heading into the city on the steady decline before Spit Bridge - the same cycle I had done for the previous 7 months without any issue. On this occasion, a P plate driver handbraked to a stop with no visible obstruction in front of him (it was a bus lane) and caused me to go into the back his car and almost through his rear windscreen. I was wearing a helmet (otherwise I'd be dead) but had to be taken by ambulance to the hospital for 7 stitches on my forehead and scans on my spine + brain. The policeman on the scene locked up my bike to the pavement next to the accident and gave me my key when questioning me at the hospital.
It was an accident - he broke because he didn't think the car in the next lane was over enough and hadn't seen me in the mirror- it was just unfortunate for me that it was so sudden and downhill - I had literally no way of breaking on a road bike in time. BUT the law of the lands is that if you go into the back of someone then it's automatically your fault. So the police fined me $450 AUD for negligent riding. I paid the fine hoping for that be the end of it but then I got a $4.5k claim off AAMI (the driver's insurance company). I'm English, and although I live and work on a 4 year 457 visa in Australia, I don't own a car here so I didn't think I had a need for road insurance. So I have no cover and no protection against this claim from AAMI and they are playing hardball in seeking paymetn.
Are there really no options for cyclists in these scenarios? Is my only option to pay AAMI?
To finish, my bike was stolen from where the policeman locked it.. expensive and life scarring incident. Any help/guidance very much appreciated. Thank you, Richard.
- silentC
- Posts: 2442
- Joined: Mon May 05, 2014 5:24 pm
- Location: Far South Coast NSW
Re: Crash with Car and Subsequent Insurance Troubles
Postby silentC » Mon Sep 10, 2018 5:39 pm
You could try these guys: https://bicyclensw.org.au/about/service ... ssistance/
And go get yourself a membership, it will cover you for third party damage and public liability.
- Me
- queequeg
- Posts: 6479
- Joined: Thu Dec 17, 2009 10:09 am
Re: Crash with Car and Subsequent Insurance Troubles
Postby queequeg » Mon Sep 10, 2018 7:39 pm
That aside, do you have home & contents insurance? If so, it should include public liability insurance that should cover you for this sort of thing. If you have a Cycling Australia Licence, it also includes Public Liability cover. If you have neither, then the insurance company is going chase you like a dog going after a bone until they get their money. You may just have to cut your losses (and then go and get some form of public liability insurance)
-
- Posts: 360
- Joined: Sat Feb 18, 2012 7:06 am
Re: Crash with Car and Subsequent Insurance Troubles
Postby hunch » Mon Sep 10, 2018 7:50 pm
I'd be expecting brake lights out rather than use of a handbrake if it's a sudden deceleration especially with a P plater. None I've ever experienced are all that effective, especially on a downhill like that, plus you're minus power assist and limited lever advantage...using a weaker appendage.
-
- Posts: 955
- Joined: Mon Nov 11, 2013 11:05 pm
- Location: Sydney
Re: Crash with Car and Subsequent Insurance Troubles
Postby tez001 » Tue Sep 11, 2018 8:21 am
Have you got photo's and a breakdown of the charges? That's the first thing to do and then see what was repaired / being claimed for.
- familyguy
- Posts: 8365
- Joined: Wed Apr 16, 2008 2:30 pm
- Location: Willoughby, NSW
Re: Crash with Car and Subsequent Insurance Troubles
Postby familyguy » Tue Sep 11, 2018 9:00 am
I would be questioning:
the legality of the car being in the Bus Lane (although it is a T3 lane during morning weekday peak, were there 3 people on board?)
the fact that he 'handbraked to a stop' (why handbrake, no lights, not working, no warning?)
It sounds like a right pickle. $4,500 sounds like a lot of repairs, but if the roof of the car was damaged the figure doesn't really surprise me.
Jim
-
- Posts: 1133
- Joined: Sun Jan 11, 2015 7:07 pm
- Location: Mornington Peninsula
Re: Crash with Car and Subsequent Insurance Troubles
Postby Arbuckle23 » Tue Sep 11, 2018 10:51 am
-
- Posts: 2
- Joined: Mon Sep 10, 2018 4:42 pm
Re: Crash with Car and Subsequent Insurance Troubles
Postby Rich_j_s » Sat Sep 15, 2018 10:56 am
Do you know what post heading this was under please? I've tried searching all the obvious key words but can't find it. A silverlining to having to pay this is that I find my bike!queequeg wrote: I think I recall seeing a post about this somewhere, with a photo of the bike locked up to a fence. It looked ridable
Blue and Yellow Cannondale R3000r
Thank you all for the advice, I will negotiate with the insurer
Rich
- queequeg
- Posts: 6479
- Joined: Thu Dec 17, 2009 10:09 am
Re: Crash with Car and Subsequent Insurance Troubles
Postby queequeg » Sat Sep 15, 2018 6:36 pm
I think it was on a Facebook group. What date in April did it happen?Rich_j_s wrote:Do you know what post heading this was under please? I've tried searching all the obvious key words but can't find it. A silverlining to having to pay this is that I find my bike!queequeg wrote: I think I recall seeing a post about this somewhere, with a photo of the bike locked up to a fence. It looked ridable
Blue and Yellow Cannondale R3000r
Thank you all for the advice, I will negotiate with the insurer
Rich
- familyguy
- Posts: 8365
- Joined: Wed Apr 16, 2008 2:30 pm
- Location: Willoughby, NSW
Re: Crash with Car and Subsequent Insurance Troubles
Postby familyguy » Mon Sep 17, 2018 11:54 am
Jim
- familyguy
- Posts: 8365
- Joined: Wed Apr 16, 2008 2:30 pm
- Location: Willoughby, NSW
Re: Crash with Car and Subsequent Insurance Troubles
Postby familyguy » Mon Sep 17, 2018 11:59 am
No idea on what actually ended up happening, sorry.
Jim
-
- Posts: 745
- Joined: Fri Jan 29, 2010 10:42 pm
- Location: Sydney
Re: Crash with Car and Subsequent Insurance Troubles
Postby duncanm » Mon Sep 17, 2018 2:37 pm
- find_bruce
- Moderator
- Posts: 10579
- Joined: Mon May 09, 2011 8:42 pm
- Location: Sydney
Re: Crash with Car and Subsequent Insurance Troubles
Postby find_bruce » Mon Sep 17, 2018 3:57 pm
- Have they provided the detail required in road rule 287
- Did the driver have a valid licence at the time?
- Was the vehicle's registration current at the time
- What damage was caused by the collision?
Similarly it is not unknown for people and or insurance companies to claim preexisting damage as having been caused by the accident. In the small photo above, it looks like it has a broken rear window, which seems to be consistent with your helmet hitting that part of the car
It also appears to show a large dent in the right hand rear & I am struggling to imagine how the collission could cause both.
- AUbicycles
- Site Admin
- Posts: 15583
- Joined: Tue Aug 23, 2005 2:14 am
- Location: Sydney & Frankfurt
- Contact:
Re: Crash with Car and Subsequent Insurance Troubles
Postby AUbicycles » Wed Sep 19, 2018 1:49 am
Yes, enquire whether the driver was also driving completely legally and whether they can claim 100% in damages. Generally though, as noted, if you run into someone you ard automatically deemed at fault... it is a nasty stretch of road.. glad it wadn’t worse.
- General Australian Cycling Topics
- Info / announcements
- Buying a bike / parts
- General Cycling Discussion
- The Bike Shed
- Cycling Health
- Cycling Safety and Advocacy
- Women's Cycling
- Bike & Gear Reviews
- Cycling Trade
- Stolen Bikes
- Bicycle FAQs
- Serious Biking
- Audax / Randonneuring
- Retro biking
- Commuting
- MTB
- Recumbents
- Fixed Gear/ Single Speed
- Track
- Electric Bicycles
- Cyclocross and Gravel Grinding
- Dragsters / Lowriders / Cruisers
- Children's Bikes
- Cargo Bikes and Utility Cycling
- Road Racing
- Road Biking
- Training
- Time Trial
- Triathlon
- International and National Tours and Events
- Cycle Touring
- Touring Australia
- Touring Overseas
- Touring Bikes and Equipment
- Australia
- Western Australia
- New South Wales
- Queensland
- South Australia
- Victoria
- ACT
- Tasmania
- Northern Territory
- Country & Regional
- The Market Place
- Member to Member Bike and Gear Sales
- Want to Buy, Group Buy, Swap
- My Bikes or Gear Elsewhere
- Cycling Brands
- Cannondale
- Garmin
- Giant
- Shimano
- Trek
Who is online
Users browsing this forum: No registered users
- All times are UTC+11:00
- Top
- Delete cookies
About the Australian Cycling Forums
The Australian Cycling Forums is a welcoming community where you can ask questions and talk about the type of bikes and cycling topics you like.
Bicycles Network Australia
Forum Information
Connect with BNA
This website uses affiliate links to retail platforms including ebay, amazon, proviz and ribble.