What to do after an accident?

Bicycle related chatter & discussion
Posts: 12
Joined: 04 Mar 2009, 11:51

Postby DavidM » 07 Mar 2015, 11:43

Hi, having just survived an altercation with a car, luckily no broken bones, a few bruises and missing some skin, that's it. The main issue here is my bike, my steed, my commute, my escape my... well you get my meaning, it's now gone, knackered, a useless version of it's former self! Carbon fibre frame is cracked in two places, wheels buckled, brakes bent, seat buggered, handle bar bent, basically a right off. Other things like my eye glasses broken and helmet has big graze along it (done it's job). The police came and took statements from myself and the driver, the driver is at fault, and I was taken to the RPA for examination. I'm very grateful I have no major injuries. I just want to ask my DHBC brothers and sisters for any information on how or what is the process to getting a replacement bike now. Cars are pretty straight forward, I've had my share of claims, but never had to do this for a bike. Can anyone shed some light on the process? Much appreciated David Manthos

Posts: 595
Joined: 04 Mar 2009, 08:27

Postby Strawburger » 07 Mar 2015, 13:32

That's no good david, hope all is on the mend!

I write this post 5 years ago, hopefully it helps


Posts: 12
Joined: 04 Mar 2009, 11:51

Postby DavidM » 08 Mar 2015, 11:39

Thanks Strawburger, great article you have written, I think it will help in getting a positive result. If I find something new, I'll add to your post.

User avatar
Posts: 1500
Joined: 19 Feb 2011, 15:32

Postby JoTheBuilder » 09 Mar 2015, 09:26

Hope you're OK David!

Unfortunately we've had a couple of members in this situation recently. I'll mention this post to them if I see them so they can shed some light on the matter.

Eleri, something Jonathon might be able to help out with?

User avatar
Posts: 2568
Joined: 11 Mar 2008, 10:43
Location: Dulwich Hill

Postby Stuart » 09 Mar 2015, 09:31

Glad you're not to badly injured David. Hope you're back on a brand new bike soon.

Posts: 1753
Joined: 31 Dec 2009, 08:43
Location: Erskineville

Postby Eleri » 09 Mar 2015, 19:31

Hope you're OK David!

Unfortunately we've had a couple of members in this situation recently. I'll mention this post to them if I see them so they can shed some light on the matter.

Eleri, something Jonathon might be able to help out with?
Yes - you might want to contact another member Jonathan Coyle who is a injury lawyer. He wrote an analysis of a Canberra case for us recently here

His contact details are in that post.

Posts: 12
Joined: 04 Mar 2009, 11:51

Postby DavidM » 13 Mar 2015, 10:00

Thanks guys, I'm grateful for your responses. Thankfully I'm in better shape than my bike.

Over the last couple of days I've been trying to make headway with my claim for a new bike. The situation now (to cut a long story short) I'm awaiting a final ruling from the Traffic Sargent at Ashfield Police, whether or not the driver will be charged, and I can proceed with my claim with the driver's insurer NRMA. Now I'm very nervous because the more I look into cyclists incidents with motorists, cyclists are second class road users, with little say. I get the feeling that in a close call the umpire will give the benefit of the doubt to the driver!

Now the fact is the driver cut me off firstly, which I had to ease off and then he came to an almost stop seconds later, I had to swerve left to avoid slamming into the rear of his car, then he's turned left into a driveway, where I collided into his passenger side, taking out his left side mirror.

The NRMA asked me if I had household insurance that will cover the bike, ah no. So I'm now in suspended animation and feeling a bit vulnerable.

Posts: 1
Joined: 08 Aug 2011, 21:22

Postby Bazzle » 18 Mar 2015, 21:48

#1, ensure you have a group of DHBC riders following you to render immediate assistance.

Bazzle here, I was the unfortunate rider who splattered on the bike path on Carrington Road, Marrickville on Sunday morning. Spent the day in RPA, got out at 9pm after having just about everything on my left side X-Rayed and half of Carrington Road's detritus dug out of numerous grazes. The only X-Ray result was a fractured Olecranon which I was unaware that I possessed until that point in time. What a way to find out. Google it!

Thanks sincerely to all who rendered assistance; while I wasn't riding with the club that morning, I am a member and am kept well informed due to my close residential proximity to Treasurer Kirkham otherwise known as Dougie.

I'd be interested to hear comments about the bicycle lane there, I think the colour of the dividing kerb and the road (concrete) kind of blended in. I'm still not quite sure why I decided to cross to the bike lane (brain snap) but had I clearly seen the divider, there's no way I would have tried to jump it. Perhaps reflective strip along the front and top of the kerb would make it more visible.

Those who were there would remember the Silver Taxi who also missed the great divide and proceeded towards us with his left hand wheels in the bike path, threatening to inflate the situation from casualty to carnage. So it wasn't only me that morning!

I'll be back on the bike in a few weeks I hope, once my Olecranon re-attaches itself successfully and I'll thank a few of you personally, but in the meantime, thanks again to all and safe riding.

Barry Shuttleworth (Bazzle)

User avatar
Posts: 1500
Joined: 19 Feb 2011, 15:32

Postby JoTheBuilder » 19 Mar 2015, 09:46

Glad to hear you are on the mend Barry! I was driving past at the same time and was a little shocked to see so many DHBC riders and an ambulance.

My disappointment in that path lies in the fact that the stop sign for the cars is past the cycleway with no warning for cars to slow down.

User avatar
Posts: 709
Joined: 26 Feb 2013, 12:16

Postby humanbeing » 19 Mar 2015, 19:40

Nasty thing to break Barry, glad it wasn't anything more serious.
Back on the bike soon,

Posts: 42
Joined: 23 Dec 2012, 19:17

Postby Greeny » 27 Mar 2015, 10:35

Sorry to hear about what happened David.
Here is some information from Jonathan Coyle and myself which you may find useful re the damage to your bike.

Damage or loss of property

If your bike is damaged in a motor vehicle accident, you can make a claim against the driver of the vehicle that caused the damage to your bike.

At the scene of the accident you should ideally, take photographs of the vehicle that caused the accident, obtain the names, contact details of any witnesses and of the driver that caused the incident.

You are not obliged to report the accident to the police unless there is a claim for personal injury.

Your property damage claim has to be supported by evidence of the damage caused to the bike, or if the bike is a “write off”, a report that assesses the pre-accident value of your bike.

This assessment can usually be obtained from the bike store where you purchased the bike or a suitably qualified bike assessor.

Once you obtain the evidence of the pre-accident value of your bike, you should send a written demand to the driver at fault requesting payment of your claim.

If the driver has property damage insurance, usually the driver will pass any claim for property damage onto his or her property damage insurer, and the insurer will respond to your demand.

There is no obligation for the driver at fault to pass on a demand for property damage onto his or her insurer. All registered vehicles have CTP green slip insurance, however this insurance only applies to claims for personal injury. The CTP insurer will not respond to a property damage claim.

If the driver at fault does have property damage insurance, the insurer may dispute the claim on the basis of liability and/or quantum, or accept the claim.

If the driver does not have property damage insurance, you can still pursue the claim against the driver personally.

If the driver does not respond within a reasonable period, usually 7 to 14 days or so, you can commence proceedings in the Local Court of NSW.

Claims that are less than $10,000, are determined in the small claims division of the Local Court of NSW. Legal costs are capped at approximately $700 or so, if you obtain legal representation.

The rules of evidence do not apply in the small claims division and individuals can pursue their claims without legal representation. This process may take four or five months or so.

Once you have a judgement, you can enforce the judgement against the driver at fault.

Kind Regards,

Laura Green – Solicitor
Jonathan Coyle – Senior Associate
Level 8, 299 Elizabeth Street Sydney NSW 2000
PO Box 958 Darlinghurst NSW 1300
DX 11529 Sydney Downtown
T 02 9321 1000 F 02 9264 9605 W http://www.masonblack.com.au
Mason Black Lawyers

Return to “Conversation”

Who is online

Users browsing this forum: No registered users and 16 guests