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Got hit by a car this morning - advice please

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I got hit by a car this morning on my way to work …going through a busy roundabout, car entering from the left didn’t see me, luckily going slowly, I ended up lying on the road in front of the car. Women gets out and comes over to me – crying, apologising profusely, “I’m so sorry, I didn’t see you” over and over again, basically having a minor panic attack. Bizarrely I end up consoling her as she is freaking out.

 

My bike is still lying in the middle of the road holding up traffic. I go to move it, chain has come off and locked the crank so have to pick it up and carry to the side and lean against a fence. I then turn around to see her disappearing into the distance, but get her numberplate.

 

Damage to me – graze on the side of my leg. I already have an injured elbow that I have had some physio for, which is on the side I fell onto and is now grazed as well. I can’t yet really tell if it is now worse post accident but could be …

 

Damage to my bike – front light mounting has broken, but probably have a spare in the parts bucket at home. Rear wheel is badly out of true, but was able to continue to work after loosening brakes – doesn’t seem buckled. Can re-true myself, so probably won’t end up out of pocket. Probably some new scratches on the bike, but I was on my old touring bike which has had a hard life already

 

So just having a bit of a rant now and deciding what to do – I guess I would need to go the police to get her details, and could then hit her up for a new wheel, light and physio for my elbow?? As it is on record already that I have had treatment for the elbow will I get anything??? What do the police normally do in these situations?? Do they care?

 

Or is it just not worth the trouble? I am a person that normally wants to do the right thing and tends to avoid confrontation. I am annoyed that she drove off. I am also very time poor

 

Any advice will be appreciated

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If she failed to exchange name and details with you - and/or report it to police, she can be charged (in Vic at least- I assume it's pretty uniform across Aust).

 

Go to them, report it - it's at least a starting point if you do find more damage to you or your bike in a day or 2.

 

More so - you can't hit someone and drive off! Maybe the charges will serve as a reminder to her in future.

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Good luck police won't release her details and there isn't much you can do unless you have insurance.

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At least report it to the police. If she reports it before you it could be distorted etc. She may also have damage to her car that she tries to claim.

 

Hope you heal up OK.

 

Cheers

Andrew

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Definately report it, especially if you have any ongoing injuries or issues coming from the accident.

 

A bit hard to justify if you never reported it in the first place.

 

Glad to hear you are ok

 

Cheers

Ayto

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Definately report it.

 

At the very least they will go and have a word to her for leaving the scene. Then it's also documented for any future issues that arise with the bike or yourself that you didn't spot immediately.

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I'd defo report it, and get a report number. Driving off is inexcusable, she should have ensured you were safe, no delayed reaction for example, and were able to continue your journey - and provided details.

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Yeah, good to hear you are ok. At the least, hasn't she left the scene of an accident. Add ayto said, stuff may come up soon as a result of unknown injury to you. You're probably still in the holy shit state. Did anyone else witness it or come forward at the time, and do you have their details?

 

At the very least, I'd be reporting it to the cops, cause she done something wrong. She shouldn't be able to get away with just driving off. If report it sooner rather than later.

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Leaving the scene is viewed quite seriously by the police. Report it for this reason plus those others have mentioned.

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Really glad to hear you're ok.

 

I agree with posts above, definitely report it and may even be worth getting checked out by your GP. This way it is recorded and you never know if injuries/issues may show up tomorrow, next week, etc, once the adrenalin has gone.

 

Unfortunately sometimes accidents happen and it sounds like she may genuinely not have seen you. As such it should just be exchange details and her insurance should cover your medical and bike. I think (in QLD at least) an accident with injuries is supposed to be reported to the police, also.

 

Her leaving the scene of the accident is a big issue, though. Unless you said you're all ok and you don't mind if she leaves, I'm pretty sure it's illegal to leave. As such, definitely report it to the police asap.

 

How much the police care may depend on how hard you pursue it. My mate crashed taking avoiding action (very close call) from a car doing the wrong thing. His injuries and bike damage were slightly worse than yours by the sound of it (broken bone), but not too serious. It took a fair bit of effort to get the police to do anything. Driver's insurance covered his bills though.

 

N.B. I'm not a lawyer and this is just my very, very basic understanding of these things.

 

All the best and hope you're back on the bike soon.

 

bRace

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Only if you work for Emergency Services.

We had a guy come to work who said he fell off his bike onto a broken bottle and sliced his hand open on the way to work. His claim was accepted by work cover. That was about 5 years ago.

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We had a guy come to work who said he fell off his bike onto a broken bottle and sliced his hand open on the way to work. His claim was accepted by work cover. That was about 5 years ago.

 

yeah, with us too. If we have an accident to or from work we are covered - as long as it is in a more or less direct route to /from work.

 

(so if you go the "long" way to get some training miles in then you probably wouldn't be covered)

 

Edit to add: I think the test that you most likely wouldn't have otherwise been there at that specific time if you weren't going to/from work

Edited by The Turtle

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Laws changed a couple of years back in terms of travelling to and from work claims.

 

I know we had to get our own insurance (paid by our employer).

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Journey Claims – these have now been generally eliminated except where there is a substantial connection between the person’s employment and the incident. The new provision applies to journey claims that occur on or after 19th June 2012.

 

 

http://www.amic.org.au/SiteMedia/w3svc116/Uploads/Documents/NSW%20Workers%20Comp%20Changes-4.pdf

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We had a guy come to work who said he fell off his bike onto a broken bottle and sliced his hand open on the way to work. His claim was accepted by work cover. That was about 5 years ago.

 

WorkCover Queensland cover journeys to and from work but is state based legislation

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We had a guy come to work who said he fell off his bike onto a broken bottle and sliced his hand open on the way to work. His claim was accepted by work cover. That was about 5 years ago.

Here in NSW travel to and from work in longer covered. this changed about 2 years ago.

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A few years ago I witnessed a road rage incident while running, a guy was climbing all over the front of car absolutely going off his nut, the guy in the car tried to get away and in the process ran over the guy as he slid off the car badly hitting his head on the road. The car driver stopped about 40m down the road and came back to help the dude. When giving my witness statement to the police they said they would not take any action against the driver, had he left the scene of the accident they would have thrown the book at him.

 

She should not have driven away, if you report it to the police they may pursue her for leaving the scene of the accident.

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Thanks for all the replies, I'm about to go to the police. There would have been several witnesses, but no-one stopped

 

I don't really have any malice towards her - I believe it was an accident and she wasn't speeding or anything - she did say several times that she didn't see me.

 

She was panicking and crying and I was actually trying to calm her down by saying that it was OK. She will probably say she took that to mean I was fine and she could go. She certainly didn't ask after my bike.....

 

I just want to be covered for any out of pocket expenses

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OK, just went to the police. They basically said it is between me and her.

 

They took all my details, then looked up her rego and said it matched my description of the car. They will contact her (phone and visit if needed) and give her my details. If I don't hear from her in a few days I can get back to them and fill in some forms and they will give me her details, and I am then on my own.

 

I asked what if I discovered in the next few days that I had been hurt, and they also said that was between her and me. I could also go to TAC, but that is not worth it for minor things less than $500

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Thats ordinary (BTW glad you are OK so far) that the cops will not do anything when she left the scene without exchanging details.

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If you are in Vic the cops here got a real blast on the radio a few weeks back around this sort of attitude. I'd be contacting the station sergeant and voicing your concerns.

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That's a disgusting, lazy response from the cops. Go as high and as loud as you need to get the law upheld.

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Agree with the above comments - there will be a complaints phone number listed on their website if you get no joy from the station/shift sergeant.

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WorkCover Queensland cover journeys to and from work but is state based legislation

That's right. I'm in Qld, but under a national award, so I'm not covered. I've been told it's been tested with the union backing an employeee but was unsuccessfull.

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OK, just went to the police. They basically said it is between me and her.

 

They took all my details, then looked up her rego and said it matched my description of the car. They will contact her (phone and visit if needed) and give her my details. If I don't hear from her in a few days I can get back to them and fill in some forms and they will give me her details, and I am then on my own.

 

I asked what if I discovered in the next few days that I had been hurt, and they also said that was between her and me. I could also go to TAC, but that is not worth it for minor things less than $500

I wouldn't have thought that they would give you her name.

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How could they possibly release details of a driver to anyone who pops up at the station with a license plate and car description? I don't think that would ever happen. Maybe if they call her and establish the circumstances they may have to but I don't really know.

 

Do you have a witness? That's the first thing you need to make sure it is organised, along with a written statement. Someone must have seen what happened and is willing to help?

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OK, just went to the police. They basically said it is between me and her.

 

They took all my details, then looked up her rego and said it matched my description of the car. They will contact her (phone and visit if needed) and give her my details. If I don't hear from her in a few days I can get back to them and fill in some forms and they will give me her details, and I am then on my own.

 

I asked what if I discovered in the next few days that I had been hurt, and they also said that was between her and me. I could also go to TAC, but that is not worth it for minor things less than $500

 

Sounds like a very poor response - mainly lazy on their part. They are going to phone her, tell her to contact you. If she doesn't, then instead of them following up, they'll give you her details. I don't think they should be able to do that - and should have to follow up with her. After all, she did leave the scene.

 

I'd go back and keep pushing them. If they contact her and you don't hear from her, make them do the leg work.

 

But also make sure it's a documented complaint so there's a record of her hitting you in case you need it down the road.

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OK, just went to the police. They basically said it is between me and her.

 

They took all my details, then looked up her rego and said it matched my description of the car. They will contact her (phone and visit if needed) and give her my details. If I don't hear from her in a few days I can get back to them and fill in some forms and they will give me her details, and I am then on my own.

 

I asked what if I discovered in the next few days that I had been hurt, and they also said that was between her and me. I could also go to TAC, but that is not worth it for minor things less than $500

I had this as an initial reaction to an incident a while back. KEEP ON THEM

 

Politely phone every two days for as long as it takes. Point them to the relevant road rules (in vic http://www5.austlii.edu.au/au/legis/vic/consol_act/rsa1986125/s61.html)

 

Do not leave them alone, make charging her easier than dealing with you (but be polite).

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Thanks again for the replies. Yes I am in Melbourne. They did say there is a process to go through before they will release her details - they won't just give them out. At this stage I am just going to wait for a few days to see what happens. There is a record as they wrote down everything I said in the duty book, but not on any sort of official form.

 

There would have been some witnesses in cars, but no-one stopped. Another sad indightment that I was lying in the middle of the road having been hit by a car and no one stopped.

 

On another topic, my rear wheel is quite a few cm out of true, but doesn't seem to have any damage to the rim. Something must have given though for this to happen (it is a 36 spoke hand built touring wheel so pretty solid). Should I be satisfied with just a re-true??

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Thanks again for the replies. Yes I am in Melbourne. They did say there is a process to go through before they will release her details - they won't just give them out. At this stage I am just going to wait for a few days to see what happens. There is a record as they wrote down everything I said in the duty book, but not on any sort of official form.

 

There would have been some witnesses in cars, but no-one stopped. Another sad indightment that I was lying in the middle of the road having been hit by a car and no one stopped.

 

On another topic, my rear wheel is quite a few cm out of true, but doesn't seem to have any damage to the rim. Something must have given though for this to happen (it is a 36 spoke hand built touring wheel so pretty solid). Should I be satisfied with just a re-true??

 

While you're waiting for the contact, take it to a bike shop for an assessment, and quote on any damage repairs (or replacement if warranted). That way you have a $$ value with which to approach the woman. Or to quote to the cops when you continue to contact them. Be proactive about assessing and recording your costs.

 

And go back and push for case and case number. That way you can document all the evidence you submit against the case as a fall back.

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Do the same for yourself. Get a good check over by your GP because you may have damage that doesn't present immediately.

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Do the same for yourself. Get a good check over by your GP because you may have damage that doesn't present immediately.

 

serious question - could that backfire?

 

if you go to a doc now and he says you seem fine, and it's documented.... could that affect any claim you might need to make later if something emerges?

 

Or do you mean things that you might not notice but might come up if a doc pokes the right place?

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I got hit a couple of years ago. Xrays and scans initially reported no injury. But 6 months later needed surgery on my hand because there had actually been a break.

Luckily I reported the accident at the time (even though I thought I was ok). I ended up being able to claim on their ctp for the surgery and permanent damage to my hand.

You should also check out the time limits for claims on ctp, just in case!

See your gp and get xrays too.

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OK, final update...

 

Police made contact with her....they said she was very cooperative and remorseful and they will not take it further

 

I signed a stat. dec. and they gave me her details. She was very remorseful and settled what I asked for without any questions.

 

Thanks again for all the advice

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Wow, good news. Good to hear when 2 people behave reasonably to resolve an unfortunate situation in a fair way without trying to exploit each other. Well done to you both!

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After reading this thread, I decided to look into cycling accident insurance again. I am not a member of TA, mainly because I think their insurance policy stinks.

 

I read Cycling Australia's insurance as well as Bicycling Queensland's insurance, the latter in my mind being better. Consequently, I joined up to BQ last night for $90 and am now insured by their policy. However, I am not impressed that the maximum amount claimable for personal accident insurance drops from $50K to $20K if you are over 65 years of age and yet still pay the same premium as younger folk. For CA and their insurer Aon, it drops to $10k.

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After reading this thread, I decided to look into cycling accident insurance again. I am not a member of TA, mainly because I think their insurance policy stinks.

 

I read Cycling Australia's insurance as well as Bicycling Queensland's insurance, the latter in my mind being better. Consequently, I joined up to BQ last night for $90 and am now insured by their policy. However, I am not impressed that the maximum amount claimable for personal accident insurance drops from $50K to $20K if you are over 65 years of age and yet still pay the same premium as younger folk. For CA and their insurer Aon, it drops to $10k

 

Jon, I'm curious about your grounds for deciding in favour of BQ insurance rather than TA: was it just the amounts claimable, or was there some other differences that you felt were significant. (I have CA insurance rather than BQ, but that's partly due to a philosophical objection to how BQ spend the government funding they receive and don't do things like support BUGs or promote everyday cycling).

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Jon, I'm curious about your grounds for deciding in favour of BQ insurance rather than TA: was it just the amounts claimable, or was there some other differences that you felt were significant. (I have CA insurance rather than BQ, but that's partly due to a philosophical objection to how BQ spend the government funding they receive and don't do things like support BUGs or promote everyday cycling).

 

The insurance coverage by TA through their insurance agent is reduced by half if you are not in a race. In other words, when you are most at risk, namely when training, your coverage is 50% of that claimable if injured during a race. To me that stinks.

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