Hit by a car. Mostly okay but what are the legalities?
- Mububban
- Posts: 3065
- Joined: Wed Feb 20, 2008 12:19 pm
Hit by a car. Mostly okay but what are the legalities?
Postby Mububban » Fri Sep 28, 2018 1:55 pm
The driver is going to pay me the <$500 for a replacement helmet and minor repairs to my bike (shifter hoods, bar tape, cycling computer).
I'm on record with the hospital as being assessed for a car vs bike incident, and I have video of the incident. But so far the guy has been nothing but apologetic and helpful so I've got no reason to want to escalate things.
He rides motorbikes and is always telling people to look out for people on two wheels, so he feels pretty terrible about what he did, like any of us would feel if we knocked off another rider.
So.....what now? Is he obliged to report the incident using the www.crashreport.com.au website?
Am I legally obliged to report it to the police?
- Thoglette
- Posts: 6621
- Joined: Thu Feb 19, 2009 1:01 pm
Re: Hit by a car. Mostly okay but what are the legalities?
Postby Thoglette » Fri Sep 28, 2018 2:19 pm
"People are worthy of respect, ideas are not." Peter Ellerton, UQ
- Mububban
- Posts: 3065
- Joined: Wed Feb 20, 2008 12:19 pm
Re: Hit by a car. Mostly okay but what are the legalities?
Postby Mububban » Fri Sep 28, 2018 2:32 pm
If I do, what happens then? Will the police follow it up with him, or is it just to be on record in case of future problems?Thoglette wrote:I'd be reporting it. Just in case your medical condition gets complicated.
- queequeg
- Posts: 6483
- Joined: Thu Dec 17, 2009 10:09 am
Re: Hit by a car. Mostly okay but what are the legalities?
Postby queequeg » Fri Sep 28, 2018 2:36 pm
https://www.police.nsw.gov.au/safety_an ... rting_faqsMububban wrote:If I do, what happens then? Will the police follow it up with him, or is it just to be on record in case of future problems?Thoglette wrote:I'd be reporting it. Just in case your medical condition gets complicated.
- Mububban
- Posts: 3065
- Joined: Wed Feb 20, 2008 12:19 pm
Re: Hit by a car. Mostly okay but what are the legalities?
Postby Mububban » Wed Oct 03, 2018 11:30 am
I got the money for my bike repairs and new helmet from the driver yesterday and asked him to also fill out a crash report, stressing that it won't land him in hot water in any way. Not a learning experience I wanted to ever have but it's at least a reminder of where some of our rego goes.
-
- Posts: 308
- Joined: Thu Dec 22, 2016 1:39 pm
Re: Hit by a car. Mostly okay but what are the legalities?
Postby nemo57 » Wed Oct 03, 2018 11:43 am
- Mububban
- Posts: 3065
- Joined: Wed Feb 20, 2008 12:19 pm
Re: Hit by a car. Mostly okay but what are the legalities?
Postby Mububban » Thu Oct 04, 2018 10:03 am
I went to the physio yesterday and they immediately lodged the claim with the Insurance Commission of WA, so I didn't even have to get my wallet out.nemo57 wrote:Guy sounds very decent. If WA is anything like Victoria, having your report on record has a lot to do with funding of any medical related expenses: they get picked up by your equivalent of our Transport Accident Commission. And if time off work's involved, TAC pays the compensation. Bureaucracy is beautiful ...
That initial receipt number turned into a 6 digit claim number, which is what I'll use for today's GP visit and subsequent physio et al.
If a health provider doesn't immediately claim with the ICWA, I just keep the receipts, scan and email them and I'll be reimbursed. I've been pleasantly surprised how easy it's all been considering what a pain other government entities can be!
-
- Posts: 2842
- Joined: Fri Apr 17, 2009 9:44 pm
- Location: Middle East, Melbourne
Re: Hit by a car. Mostly okay but what are the legalities?
Postby ironhanglider » Sun Oct 07, 2018 11:15 pm
Hope you are back in good shape soon.
Cheers,
Cameron
- 10speedsemiracer
- Posts: 4904
- Joined: Sat Feb 11, 2017 7:38 pm
- Location: Back on the Tools .. when I'm not in the office
Re: Hit by a car. Mostly okay but what are the legalities?
Postby 10speedsemiracer » Sun Oct 07, 2018 11:42 pm
-
- Posts: 704
- Joined: Tue Jun 09, 2009 3:17 pm
- Location: Perth
Re: Hit by a car. Mostly okay but what are the legalities?
Postby bianchi928 » Mon Oct 08, 2018 12:25 pm
I was hit by a car (or more accurately, I ran into the side of him as he pulled of Marmion Ave onto Warburton) and admittedly my bike was written off so I needed to attend to insurance but you did good registering the accident.
After the accident I thought I was ok until my shoulder really started to hurt (probably highlighted by the cracked ribs getting better).
Long story short, Cortisone, surgery, hospital and physio (including gym membership at the Joondalup arena) all covered by ICWA as well as reimbursement of sick leave over nearly 2 years.
I would like to say also that my case person at the ICWA was extremely professional and great to work with.
- Mububban
- Posts: 3065
- Joined: Wed Feb 20, 2008 12:19 pm
Re: Hit by a car. Mostly okay but what are the legalities?
Postby Mububban » Mon Oct 08, 2018 12:51 pm
Bounce is the word. My left calf took all the impact from the hit, as well as my left shoulder and side of helmet on the road. Nothing on the ankle or the knee but my calf is very swollen and sleeping isn't very successful. Still, could be much worse!10speedsemiracer wrote:sorry to read that you bounced off something, hope you're on the mend.
- 10speedsemiracer
- Posts: 4904
- Joined: Sat Feb 11, 2017 7:38 pm
- Location: Back on the Tools .. when I'm not in the office
Re: Hit by a car. Mostly okay but what are the legalities?
Postby 10speedsemiracer » Mon Oct 08, 2018 1:15 pm
Hope it all improves soon for you..
-
- Posts: 1232
- Joined: Wed Jun 07, 2017 11:13 am
Re: Hit by a car. Mostly okay but what are the legalities?
Postby AdelaidePeter » Mon Oct 08, 2018 2:08 pm
Ouch.Mububban wrote:Bounce is the word. My left calf took all the impact from the hit, as well as my left shoulder and side of helmet on the road. Nothing on the ankle or the knee but my calf is very swollen and sleeping isn't very successful. Still, could be much worse!10speedsemiracer wrote:sorry to read that you bounced off something, hope you're on the mend.
Looking at the video, I notice two things out of the ordinary here:
1. It is one of those intersections which is shaped to "encourage" drivers to turn left without stopping.
2. The sun is behind you, so might be in the drivers' eyes. Possibly making it worse, you are in a large shadow until a few metres before the intersection, but the driver is in sunlight.
Perhaps those 2 are risk factors, and it may pay for all of us to be extra sure the driver is stopping in situations like these (and be extra careful when we are the driver). I am not excusing the driver in any way; I'm just always on the lookout for ways to ensure I get home safely.
-
- Posts: 9810
- Joined: Tue Dec 01, 2009 11:48 am
Re: Hit by a car. Mostly okay but what are the legalities?
Postby human909 » Tue Oct 09, 2018 2:21 pm
I agree with the above post. And especially emphasise "I am not excusing the driver in any way; I'm just always on the lookout for ways to ensure I get home safely." In Australia we unfortunately have to take extra caution because of the poor state of our drivers. Assume they don't see you.
For me, in all such circumstances I'd be covering my brakes if not braking, and moving right for more space and visibility (having checked for traffic to my right).
By doing the above I have avoided many collisions. (One such circumstance my riding partner wasn't so lucky and didn't hear my warning shouts. )
- Mububban
- Posts: 3065
- Joined: Wed Feb 20, 2008 12:19 pm
Re: Hit by a car. Mostly okay but what are the legalities?
Postby Mububban » Tue Oct 09, 2018 3:25 pm
The road immediately after where I got hit curves to the right, so my eye line was already scanning ahead and to the right, so by the time my peripheral vision caught the blue car to my left I didn't have time to check the right lane or bail out. Just enough time to yell in a primal sort of way, then hit the ground. I then had time to say some very bad words I didn't include on the video
I always ride on the hoods, ready on the brakes, and it's saved me many times before while commuting as well. Could I have been more aware myself? Possibly. But while not holding a grudge, I'm not going to excuse the driver's actions either. But it will make me even more vigilant when I'm able to get back on my bike, which I currently don't have an eta for
Seeing the article someone linked today showing that drivers are distracted 50% of the time while behind the wheel doesn't help the confidence. I don't think I'll show my wife that one!
Return to “Cycling Safety and Advocacy”
- 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
- The Market Place
- Member to Member Bike and Gear Sales
- Want to Buy, Group Buy, Swap
- My Bikes or Gear Elsewhere
- 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
Who is online
Users browsing this forum: No registered users
- All times are UTC+10:00
- 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.