Bike accident last week

[zaxatron]

Hi Everyone,

on 22 June 2019 I was struck by a van that invaded my bicycle lane while I was riding from Dromana (VIC) to Mornington (VIC).

The massive impact caused 5 broken ribs and a fractured pelvis, pretty bad accident.

I am still in a lot of pain.

The driver told me that he did not see me despite I had my front and rear lights on which are very bright.

The time was around 2:30 PM and there was enough day light to be seen.

Police was notified and I spent 3 days at the Alfred's Hospital (Melbourne) and back home since last Monday.

In the accident my Pinarello F10 DI2 bike was damaged quite a bit and also my helmet and clothes.

I already have a TAC claim going in order to recover.

The total damage to the bike and other items amounts roughly to $3000.

Due to my severe injuries I had to cancel an overseas trip that I was supposed to take on the 3rd of August. This cost me $200 to cancel.

My question is the following:

What do I do to recover the money from the driver for the above damage and expenses?

How do I go about it?

Also, being a fit 62 year old male, what sort of time do I have to wait before a get a full recovery where the bones are not going to snap again once they are under load from my physical activities?

Thanks and regards

Zaxatron

[trailgumby]

Oh, wow. Sorry to hear about this.

Due to the seriousness of your injuries I'd suggest engaging a lawyer - contact Bicycle Network for a recommendation. Don't ignore the psych injuries either. I got anger managmeent and PTSD counselling paid for by the CTP insurer (NSW), because in my case I was able to credibly assert my belief the driver did it deliberately (which was true but not able to be tested in court due to key witnesses departing the scene).

At this point you have no idea what the long term consequences are going to look like, and you are vulnerable. They on the other hand deal with this every day; it is a business to them, and they will try to wear you down and manipulate you to save money. Don't give the insurance company - who is definitely not your friend - a free kick. They are sharks. You need a shark hunter.

Regarding your equipment damage, get quotes and submit a letter of demand to the perpetrator, askinghim to pleae forward to his insurer and setting a deadline. If your bike was a new purchase and has a lifetime warranty stick to your guns and insist on a new-for-old replacement. Secondhand or depreciation value doesn't cut it as you miss out on that essential attribute with a secondhand or repaired bike.

In regard to your recovery time, for the bones it's 6-8 weeks for the healed break to get to the "sticky" stage, assuming the broken ends are in contact, but it's at least 12 for them to regain full usable strength. When I did my collarbone I was back on the trainer on the commuter around week 5 but sitting upright and close to zero weight on my hands for a non-displaced fracture. I was allowed back outside at about nine weeks under strict instructions not to fall off, so the mountain bike got put in for service. Ribs -- I fortunately have no experience with them. Be guided by your medico.

Wishing you the speediest possible recovery.

[zaxatron]

Oh, wow. Sorry to hear about this.

Due to the seriousness of your injuries I'd suggest engaging a lawyer - contact Bicycle Network for a recommendation. Don't ignore the psych injuries either. I got anger managmeent and PTSD counselling paid for by the CTP insurer (NSW), because in my case I was able to credibly assert my belief the driver did it deliberately (which was true but not able to be tested in court due to key witnesses departing the scene).

At this point you have no idea what the long term consequences are going to look like, and you are vulnerable. They on the other hand deal with this every day; it is a business to them, and they will try to wear you down and manipulate you to save money. Don't give the insurance company - who is definitely not your friend - a free kick. They are sharks. You need a shark hunter.

Regarding your equipment damage, get quotes and submit a letter of demand to the perpetrator, askinghim to pleae forward to his insurer and setting a deadline. If your bike was a new purchase and has a lifetime warranty stick to your guns and insist on a new-for-old replacement. Secondhand or depreciation value doesn't cut it as you miss out on that essential attribute with a secondhand or repaired bike.

In regard to your recovery time, for the bones it's 6-8 weeks for the healed break to get to the "sticky" stage, assuming the broken ends are in contact, but it's at least 12 for them to regain full usable strength. When I did my collarbone I was back on the trainer on the commuter around week 5 but sitting upright and close to zero weight on my hands for a non-displaced fracture. I was allowed back outside at about nine weeks under strict instructions not to fall off, so the mountain bike got put in for service. Ribs -- I fortunately have no experience with them. Be guided by your medico.

Wishing you the speediest possible recovery.

Thank you for your reply.

I am already a member of the bicycle network and have been paying their fees for the last five years.
I will definitely contact them tomorrow for advise.

Believe it or not this is my 4th time that I have been hit since I started cycling again 17 years ago. I was 50 when I started.
It has never been my fault for each incident, it has always been the driver's fault due to lack of attention on the road or being over the limit.

My luck has not been very good and I am now considering doing my future rides off the road because there are too many idiot drivers out there. Most drivers are good but there is that small percentage of them that causes all the injuries and the deaths on the road.

Now I am scared to be going on the road again.

I was thinking of mailing the driver a letter of demand for the damage and loss of money first.
If he did not oblige than I was going to take the legal avenue.

But as you said I will check with bicycle network first. I also do know someone who is a lawyer and a good acquaintance.

This mishap has also halted my gym training. Every week I train 2 times a week at the gym and ride once or twice week for a total of 80-160 km, sometimes more. Last Saturday my ride was supposed to be 100k. I went from Aspendale Gardens to Dromana, then Arthur's seat and was stopped at Mornington by the accident on the way back.

While I am not training I will lose body mass, muscle strength in the arms, chest and the legs.
This means I will have to wait until my bones attain full strength again, before I get into a mild training routine to begin with.

Probably I will be back to normality again by November, December this year.

Best regards

Zaxatron

[trailgumby]

I am already a member of the bicycle network and have been paying their fees for the last five years.
I will definitely contact them tomorrow for advise.

That's a great start.

Believe it or not this is my 4th time that I have been hit since I started cycling again 17 years ago. I was 50 when I started.
It has never been my fault for each incident, it has always been the driver's fault due to lack of attention on the road or being over the limit.

All too believable. Same for me over 13 years. None my fault. Driver demerited each time. Fortunately only one was major enough for a hospital trip. I'll share that story another time.

Now I am scared to be going on the road again.

So was I. This is why I suggested counselling - I really needed it. My PTSD would have led me to ripping a road bully out of his car and hospitalising him. It worked for me. Don't accept a referral to just anyone - get a sports psych, who will be more likely to understand why you want to ride bikes and be supportive. I still jump when I hear an engine revving behind me. When it gets too much I go mountain biking for awhile.

While I am not training I will lose body mass, muscle strength in the arms, chest and the legs.
This means I will have to wait until my bones attain full strength again, before I get into a mild training routine to begin with.

All of the expenses related to that should form part of your claim, including a personal trainer. Get your doctor and lawyer to go into bat for you. Pelvic injuries in older athletes can be life-changing and motivaton levels have a big impact on outcomes.

The upside for bike riders is that most of us are extremely motivated after injuries to get back to full function and are far more likely to succeed - my physio says we are his favourite clients for this reason.

You can do this.

[Thoglette]

No answers, just best wishes from me.

[RobertL]

No answers, just best wishes from me.

Same here. I hope that it all goes well.

[g-boaf]

My luck has not been very good and I am now considering doing my future rides off the road because there are too many idiot drivers out there. Most drivers are good but there is that small percentage of them that causes all the injuries and the deaths on the road.

Now I am scared to be going on the road again.

Really sorry to hear that and I hope you recover okay. There are also some good bunches of riders out there who might be able to help you out with the fear factor. It's a normal thing.

[Mububban]

I'm glad you're still alive and well enough to let us know about this incident. Please keep up posted regularly as you get updates, either positive or negative. The more we share info, the better off we all are.

Does Vic have an equivalent of WA's Insurance Commission? It saved me bucketloads of money by paying for physio etc.
This was a note from my car vs bike incident in September:

I filed in a report on www.crashreport.com.au, got a receipt number for the incident, and was told by the Insurance Commission of WA that with that number, I can claim medical expenses like physio which I'm going to need. And it won't affect the driver ie his rego or insurance won't go up, and the cops aren't going to knock on his door either.

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.

p.s. I've gone over the handlebars and come close to breaking collarbones on my MTB so it's not entirely risk free, but it is great fun