Car Accident

Hi,

Ive been riding to work for the past 8 months and have found it a pretty
enjoyable experiance unitl a few weeks ago. Riding home at about 6.40 at
night doing about 40 downhill on a main road (Prospect Rd Adelaide) a car
pulled out of a side street straight into me. The middle of the cars bonnet
slammed into my side with most of the damage to the rear wheel. Myself and
the bike went flying over the bonnet flipped over and landed upside down on
the road with the bike on top of me. Lukily I was wearing a backpack with my
work clothes in it which cushioned the fall a little bit.

Anyway the lady that hit me was all apolagetic and even took me to the
hospital where I needed 10 stiches for a deep cut on my ankle. The next day
she and her husband were around my house claiming they wanted to see if I
was alright. However they were more interested in informing me that since I
had no lights it was my fault and they wern't paying. They soon shut up when
I showed them the bike with backlight still working and front light smashed
from the accident. So they agreed to either pay or claim insurance depending
on how much it would cost to fix the bike. I got a quote (about $500) for
my bike and also my watch which has a crack in the face and took it to them
today. The drivers husband claims when they reported the accident the police
told him they were not liable and he should do nothing ie not pay me or
contact their insurance company. The reason for this is that he now claims I
was riding on the footpath. This is obviously not true considering the speed
I was travelling and the distance I ride everyday. Also how could the driver
know if one minute she claims I had no lights and she didn't see me but now
claims she did see me on the footpath.

Anyway I was wandering what I should do now or if anyone has any expeience
in a similar situation (and what my chances are if I have to sue her). I
estimate the damage to the car at around $500-$1000. The driver was the only
occupant of the car and does have comprehesive insurance. However she can
barely speak english so ive been mostly speaking to her husband who's
english is only slightly better.

-M.N

MN wrote in
message ...

Ive been riding to work for the past 8 months and have found
it a pretty enjoyable experiance unitl a few weeks ago.

Riding will always be a high risk approach. Its not a
matter of if the **** hits the fan, its a matter of when.

And you have almost no protection against stupid mistakes.
At least with a car its mostly just a bruised ego/metalwork.

Riding home at about 6.40 at night doing about 40
downhill on a main road (Prospect Rd Adelaide)
a car pulled out of a side street straight into me.

Because you are MUCH less visible than a car.

The middle of the cars bonnet slammed into my side
with most of the damage to the rear wheel. Myself
and the bike went flying over the bonnet flipped over
and landed upside down on the road with the bike on
top of me. Lukily I was wearing a backpack with my
work clothes in it which cushioned the fall a little bit.

Yep, you could easily have ended up dead. And that
would have been extremely unlikely indeed in a car.

Anyway the lady that hit me was all apolagetic and even took me to
the hospital where I needed 10 stiches for a deep cut on my ankle.
The next day she and her husband were around my house claiming
they wanted to see if I was alright. However they were more interested
in informing me that since I had no lights it was my fault and they wern't
paying. They soon shut up when I showed them the bike with backlight
still working and front light smashed from the accident. So they agreed
to either pay or claim insurance depending on how much it would cost
to fix the bike. I got a quote (about $500) for my bike and also my
watch which has a crack in the face and took it to them today. The
drivers husband claims when they reported the accident the police
told him they were not liable and he should do nothing ie not pay me
or contact their insurance company. The reason for this is that he
now claims I was riding on the footpath. This is obviously not true
considering the speed I was travelling and the distance I ride everyday.
Also how could the driver know if one minute she claims I had no lights
and she didn't see me but now claims she did see me on the footpath.

Anyway I was wandering what I should do now
or if anyone has any expeience in a similar situation
(and what my chances are if I have to sue her).

You're almost guaranteed to win. As guaranteed
as you can ever be with the legal system.

I estimate the damage to the car at around $500-$1000.

Not relevant. What matters is the cost of your damages.

Best to use the small claims system, if only to stop legal
parasites pumping your pockets with such a clearcut case.

The driver was the only occupant of the
car and does have comprehesive insurance.

Best to just deal with their insurance company
if you can find out who the insurance company is.

However she can barely speak english so ive been mostly
speaking to her husband who's english is only slightly better.

And its quite likely that that is deliberately worse than it
normally is. They're clearly trying every stunt they can.

Contact the insurance company yourself if you
can find out who the insurance company is.
If you cant, use the small claims system.

MN wrote in
message ...

Ive been riding to work for the past 8 months and have found
it a pretty enjoyable experiance unitl a few weeks ago.

Riding will always be a high risk approach. Its not a
matter of if the **** hits the fan, its a matter of when.

And you have almost no protection against stupid mistakes.
At least with a car its mostly just a bruised ego/metalwork.

Riding home at about 6.40 at night doing about 40
downhill on a main road (Prospect Rd Adelaide)
a car pulled out of a side street straight into me.

Because you are MUCH less visible than a car.

The middle of the cars bonnet slammed into my side
with most of the damage to the rear wheel. Myself
and the bike went flying over the bonnet flipped over
and landed upside down on the road with the bike on
top of me. Lukily I was wearing a backpack with my
work clothes in it which cushioned the fall a little bit.

Yep, you could easily have ended up dead. And that
would have been extremely unlikely indeed in a car.

Anyway the lady that hit me was all apolagetic and even took me to
the hospital where I needed 10 stiches for a deep cut on my ankle.
The next day she and her husband were around my house claiming
they wanted to see if I was alright. However they were more interested
in informing me that since I had no lights it was my fault and they wern't
paying. They soon shut up when I showed them the bike with backlight
still working and front light smashed from the accident. So they agreed
to either pay or claim insurance depending on how much it would cost
to fix the bike. I got a quote (about $500) for my bike and also my
watch which has a crack in the face and took it to them today. The
drivers husband claims when they reported the accident the police
told him they were not liable and he should do nothing ie not pay me
or contact their insurance company. The reason for this is that he
now claims I was riding on the footpath. This is obviously not true
considering the speed I was travelling and the distance I ride everyday.
Also how could the driver know if one minute she claims I had no lights
and she didn't see me but now claims she did see me on the footpath.

Anyway I was wandering what I should do now
or if anyone has any expeience in a similar situation
(and what my chances are if I have to sue her).

You're almost guaranteed to win. As guaranteed
as you can ever be with the legal system.

I estimate the damage to the car at around $500-$1000.

Not relevant. What matters is the cost of your damages.

Best to use the small claims system, if only to stop legal
parasites pumping your pockets with such a clearcut case.

The driver was the only occupant of the
car and does have comprehesive insurance.

Best to just deal with their insurance company
if you can find out who the insurance company is.

However she can barely speak english so ive been mostly
speaking to her husband who's english is only slightly better.

And its quite likely that that is deliberately worse than it
normally is. They're clearly trying every stunt they can.

Contact the insurance company yourself if you
can find out who the insurance company is.
If you cant, use the small claims system.

"MN" wrote in message
...
Hi,

Ive been riding to work for the past 8 months and have found it a pretty
enjoyable experiance unitl a few weeks ago. Riding home at about 6.40 at
night doing about 40 downhill on a main road (Prospect Rd Adelaide) a car
pulled out of a side street straight into me. The middle of the cars
bonnet
slammed into my side with most of the damage to the rear wheel. Myself and
the bike went flying over the bonnet flipped over and landed upside down
on
the road with the bike on top of me. Lukily I was wearing a backpack with
my
work clothes in it which cushioned the fall a little bit.

Anyway the lady that hit me was all apolagetic and even took me to the
hospital where I needed 10 stiches for a deep cut on my ankle.

A road accident involving an injury needs police involvement.

The next day
she and her husband were around my house claiming they wanted to see if I
was alright. However they were more interested in informing me that since
I
had no lights it was my fault and they wern't paying. They soon shut up
when
I showed them the bike with backlight still working and front light
smashed
from the accident. So they agreed to either pay or claim insurance
depending
on how much it would cost to fix the bike. I got a quote (about $500) for
my bike and also my watch which has a crack in the face and took it to
them
today. The drivers husband claims when they reported the accident the
police
told him they were not liable and he should do nothing ie not pay me or
contact their insurance company.

Ask him for a reference number for said police report, you're solicitor will
be interested to see what it says.

The reason for this is that he now claims I
was riding on the footpath.

Interesting seeing as he wasn't there so anything he has to say is
irrelevant.

This is obviously not true considering the speed
I was travelling and the distance I ride everyday.

It's not that "obvious".

Also how could the driver
know if one minute she claims I had no lights and she didn't see me but
now
claims she did see me on the footpath.

That's for your solicitor to argue.

Anyway I was wandering what I should do now or if anyone has any expeience
in a similar situation (and what my chances are if I have to sue her).

Do you really need to sue her or just get compensation for the damages and
injury?

I
estimate the damage to the car at around $500-$1000.

If she is at fault, as you claim, who cares what the damage is to her car.

The driver was the only
occupant of the car and does have comprehesive insurance. However she can
barely speak english so ive been mostly speaking to her husband who's
english is only slightly better.

Your solicitor will probably file a claim directly with their insurance
company, along with your police report etc.

Ask them for their insurance details, file an accident report with the
police (technically it should be reported anyhow as there was an injury),
get some legal advice, contact their insurance company, and don't say
another word to them without advice.

Regards
--
The Raven
http://www.80scartoons.co.uk/batfinkquote.mp3
** President of the ozemail.* and uunet.* NG's
** since August 15th 2000.

"MN" wrote in message
...
Hi,

Ive been riding to work for the past 8 months and have found it a pretty
enjoyable experiance unitl a few weeks ago. Riding home at about 6.40 at
night doing about 40 downhill on a main road (Prospect Rd Adelaide) a car
pulled out of a side street straight into me. The middle of the cars
bonnet
slammed into my side with most of the damage to the rear wheel. Myself and
the bike went flying over the bonnet flipped over and landed upside down
on
the road with the bike on top of me. Lukily I was wearing a backpack with
my
work clothes in it which cushioned the fall a little bit.

Anyway the lady that hit me was all apolagetic and even took me to the
hospital where I needed 10 stiches for a deep cut on my ankle.

A road accident involving an injury needs police involvement.

The next day
she and her husband were around my house claiming they wanted to see if I
was alright. However they were more interested in informing me that since
I
had no lights it was my fault and they wern't paying. They soon shut up
when
I showed them the bike with backlight still working and front light
smashed
from the accident. So they agreed to either pay or claim insurance
depending
on how much it would cost to fix the bike. I got a quote (about $500) for
my bike and also my watch which has a crack in the face and took it to
them
today. The drivers husband claims when they reported the accident the
police
told him they were not liable and he should do nothing ie not pay me or
contact their insurance company.

Ask him for a reference number for said police report, you're solicitor will
be interested to see what it says.

The reason for this is that he now claims I
was riding on the footpath.

Interesting seeing as he wasn't there so anything he has to say is
irrelevant.

This is obviously not true considering the speed
I was travelling and the distance I ride everyday.

It's not that "obvious".

Also how could the driver
know if one minute she claims I had no lights and she didn't see me but
now
claims she did see me on the footpath.

That's for your solicitor to argue.

Anyway I was wandering what I should do now or if anyone has any expeience
in a similar situation (and what my chances are if I have to sue her).

Do you really need to sue her or just get compensation for the damages and
injury?

I
estimate the damage to the car at around $500-$1000.

If she is at fault, as you claim, who cares what the damage is to her car.

The driver was the only
occupant of the car and does have comprehesive insurance. However she can
barely speak english so ive been mostly speaking to her husband who's
english is only slightly better.

Your solicitor will probably file a claim directly with their insurance
company, along with your police report etc.

Ask them for their insurance details, file an accident report with the
police (technically it should be reported anyhow as there was an injury),
get some legal advice, contact their insurance company, and don't say
another word to them without advice.

Regards
--
The Raven
http://www.80scartoons.co.uk/batfinkquote.mp3
** President of the ozemail.* and uunet.* NG's
** since August 15th 2000.

If the driver was at fault, then you should obviously stand your ground
and insist on compensation. I assume you have all their details - name,
address, registration no., etc? You should also report the accident to
the police separately, and give your side of the story. Go to the same
police station if you can and make sure the driver and her husband know
you have done so. Put a copy of the quote in a letter to them demanding
payment of a specific sum and let them know that if you don't receive
payment within 7 days you reserve the right to take legal action. If you
have heard nothing after 7 days, you can look at a small claims court
action - contact your local court who may have some information as to
how to go about this.



--
--------------------------
Posted via cyclingforums.com
http://www.cyclingforums.com

If the driver was at fault, then you should obviously stand your ground
and insist on compensation. I assume you have all their details - name,
address, registration no., etc? You should also report the accident to
the police separately, and give your side of the story. Go to the same
police station if you can and make sure the driver and her husband know
you have done so. Put a copy of the quote in a letter to them demanding
payment of a specific sum and let them know that if you don't receive
payment within 7 days you reserve the right to take legal action. If you
have heard nothing after 7 days, you can look at a small claims court
action - contact your local court who may have some information as to
how to go about this.



--
--------------------------
Posted via cyclingforums.com
http://www.cyclingforums.com

Thanks for the reply,

The insurance company is AAMI. I was under the impression that the policy
holder is the one that needs to make the claim. They are refusing to contact
the insurance company at all.

Also what happens if they give their he was riding on the footpath story to
the insurance company is it likely they will then just refuse the claim. If
they did I assume suing the the insurance company would be harder to win.


"Rod Speed" wrote in message
...

MN wrote in
message ...

Ive been riding to work for the past 8 months and have found
it a pretty enjoyable experiance unitl a few weeks ago.

Riding will always be a high risk approach. Its not a
matter of if the **** hits the fan, its a matter of when.

And you have almost no protection against stupid mistakes.
At least with a car its mostly just a bruised ego/metalwork.

Riding home at about 6.40 at night doing about 40
downhill on a main road (Prospect Rd Adelaide)
a car pulled out of a side street straight into me.

Because you are MUCH less visible than a car.

The middle of the cars bonnet slammed into my side
with most of the damage to the rear wheel. Myself
and the bike went flying over the bonnet flipped over
and landed upside down on the road with the bike on
top of me. Lukily I was wearing a backpack with my
work clothes in it which cushioned the fall a little bit.

Yep, you could easily have ended up dead. And that
would have been extremely unlikely indeed in a car.

Anyway the lady that hit me was all apolagetic and even took me to
the hospital where I needed 10 stiches for a deep cut on my ankle.
The next day she and her husband were around my house claiming
they wanted to see if I was alright. However they were more interested
in informing me that since I had no lights it was my fault and they
wern't
paying. They soon shut up when I showed them the bike with backlight
still working and front light smashed from the accident. So they agreed
to either pay or claim insurance depending on how much it would cost
to fix the bike. I got a quote (about $500) for my bike and also my
watch which has a crack in the face and took it to them today. The
drivers husband claims when they reported the accident the police
told him they were not liable and he should do nothing ie not pay me
or contact their insurance company. The reason for this is that he
now claims I was riding on the footpath. This is obviously not true
considering the speed I was travelling and the distance I ride everyday.
Also how could the driver know if one minute she claims I had no lights
and she didn't see me but now claims she did see me on the footpath.

Anyway I was wandering what I should do now
or if anyone has any expeience in a similar situation
(and what my chances are if I have to sue her).

You're almost guaranteed to win. As guaranteed
as you can ever be with the legal system.

I estimate the damage to the car at around $500-$1000.

Not relevant. What matters is the cost of your damages.

Best to use the small claims system, if only to stop legal
parasites pumping your pockets with such a clearcut case.

The driver was the only occupant of the
car and does have comprehesive insurance.

Best to just deal with their insurance company
if you can find out who the insurance company is.

However she can barely speak english so ive been mostly
speaking to her husband who's english is only slightly better.

And its quite likely that that is deliberately worse than it
normally is. They're clearly trying every stunt they can.

Contact the insurance company yourself if you
can find out who the insurance company is.
If you cant, use the small claims system.

Thanks for the reply,

The insurance company is AAMI. I was under the impression that the policy
holder is the one that needs to make the claim. They are refusing to contact
the insurance company at all.

Also what happens if they give their he was riding on the footpath story to
the insurance company is it likely they will then just refuse the claim. If
they did I assume suing the the insurance company would be harder to win.


"Rod Speed" wrote in message
...

MN wrote in
message ...

Ive been riding to work for the past 8 months and have found
it a pretty enjoyable experiance unitl a few weeks ago.

Riding will always be a high risk approach. Its not a
matter of if the **** hits the fan, its a matter of when.

And you have almost no protection against stupid mistakes.
At least with a car its mostly just a bruised ego/metalwork.

Riding home at about 6.40 at night doing about 40
downhill on a main road (Prospect Rd Adelaide)
a car pulled out of a side street straight into me.

Because you are MUCH less visible than a car.

The middle of the cars bonnet slammed into my side
with most of the damage to the rear wheel. Myself
and the bike went flying over the bonnet flipped over
and landed upside down on the road with the bike on
top of me. Lukily I was wearing a backpack with my
work clothes in it which cushioned the fall a little bit.

Yep, you could easily have ended up dead. And that
would have been extremely unlikely indeed in a car.

Anyway the lady that hit me was all apolagetic and even took me to
the hospital where I needed 10 stiches for a deep cut on my ankle.
The next day she and her husband were around my house claiming
they wanted to see if I was alright. However they were more interested
in informing me that since I had no lights it was my fault and they
wern't
paying. They soon shut up when I showed them the bike with backlight
still working and front light smashed from the accident. So they agreed
to either pay or claim insurance depending on how much it would cost
to fix the bike. I got a quote (about $500) for my bike and also my
watch which has a crack in the face and took it to them today. The
drivers husband claims when they reported the accident the police
told him they were not liable and he should do nothing ie not pay me
or contact their insurance company. The reason for this is that he
now claims I was riding on the footpath. This is obviously not true
considering the speed I was travelling and the distance I ride everyday.
Also how could the driver know if one minute she claims I had no lights
and she didn't see me but now claims she did see me on the footpath.

Anyway I was wandering what I should do now
or if anyone has any expeience in a similar situation
(and what my chances are if I have to sue her).

You're almost guaranteed to win. As guaranteed
as you can ever be with the legal system.

I estimate the damage to the car at around $500-$1000.

Not relevant. What matters is the cost of your damages.

Best to use the small claims system, if only to stop legal
parasites pumping your pockets with such a clearcut case.

The driver was the only occupant of the
car and does have comprehesive insurance.

Best to just deal with their insurance company
if you can find out who the insurance company is.

However she can barely speak english so ive been mostly
speaking to her husband who's english is only slightly better.

And its quite likely that that is deliberately worse than it
normally is. They're clearly trying every stunt they can.

Contact the insurance company yourself if you
can find out who the insurance company is.
If you cant, use the small claims system.

Thanks for the reply,

I was the one that made the initial police report. I would rather not use a
solicitor because I am worried about how much it is going to cost. The total
cost of the repairs is only $500. Also if it went to small claims I thought
a solicitor wasn't allowed in anyway.

"The Raven" wrote in message
...
"MN" wrote in message
...
Hi,

Ive been riding to work for the past 8 months and have found it a pretty
enjoyable experiance unitl a few weeks ago. Riding home at about 6.40 at
night doing about 40 downhill on a main road (Prospect Rd Adelaide) a
car
pulled out of a side street straight into me. The middle of the cars
bonnet
slammed into my side with most of the damage to the rear wheel. Myself
and
the bike went flying over the bonnet flipped over and landed upside down
on
the road with the bike on top of me. Lukily I was wearing a backpack
with
my
work clothes in it which cushioned the fall a little bit.

Anyway the lady that hit me was all apolagetic and even took me to the
hospital where I needed 10 stiches for a deep cut on my ankle.

A road accident involving an injury needs police involvement.

The next day
she and her husband were around my house claiming they wanted to see if
I
was alright. However they were more interested in informing me that
since
I
had no lights it was my fault and they wern't paying. They soon shut up
when
I showed them the bike with backlight still working and front light
smashed
from the accident. So they agreed to either pay or claim insurance
depending
on how much it would cost to fix the bike. I got a quote (about $500)
for
my bike and also my watch which has a crack in the face and took it to
them
today. The drivers husband claims when they reported the accident the
police
told him they were not liable and he should do nothing ie not pay me or
contact their insurance company.

Ask him for a reference number for said police report, you're solicitor
will
be interested to see what it says.

The reason for this is that he now claims I
was riding on the footpath.

Interesting seeing as he wasn't there so anything he has to say is
irrelevant.

This is obviously not true considering the speed
I was travelling and the distance I ride everyday.

It's not that "obvious".

Also how could the driver
know if one minute she claims I had no lights and she didn't see me but
now
claims she did see me on the footpath.

That's for your solicitor to argue.

Anyway I was wandering what I should do now or if anyone has any
expeience
in a similar situation (and what my chances are if I have to sue her).

Do you really need to sue her or just get compensation for the damages and
injury?

I
estimate the damage to the car at around $500-$1000.

If she is at fault, as you claim, who cares what the damage is to her car.

The driver was the only
occupant of the car and does have comprehesive insurance. However she
can
barely speak english so ive been mostly speaking to her husband who's
english is only slightly better.

Your solicitor will probably file a claim directly with their insurance
company, along with your police report etc.

Ask them for their insurance details, file an accident report with the
police (technically it should be reported anyhow as there was an injury),
get some legal advice, contact their insurance company, and don't say
another word to them without advice.

Regards
--
The Raven
http://www.80scartoons.co.uk/batfinkquote.mp3
** President of the ozemail.* and uunet.* NG's
** since August 15th 2000.