motor accident in c'town:(

[scuba05]

Ok, let me first apologies for any kind of swearing or the like, as i am really pissed off right about now.
Ok, im a campbelltownian, living in leumeah. Thought to myself sarvo, lets go for a ride in kentlyn, i got some free time.
So i get my bike n all that shit, heading on leumeah road towards peter meadows on my mounto (07 norco sasquatch), and at the roundabout near the school, theres some dumb shit in her commodore approaching from the left going straight ahead on Junction road towards Ruse. Im doing about 35-40k, and enter the roundabout, and as she is approaching from my left, she aint slowing down, and

***BAM***

hits me on my left side. I fall off on one of my sides, roll about twice and stop on the road. First thing i think "fuckin idiot", second, OH FUCK MY BIKE. I get up and have a look at the damage as she moves forward to quickly park. SEVERELY BUCKLED FRONT WHEEL, my juicy 5 front lever looks like a fukin spiral, rotors bent, back wheel buckled, scratched to the shithouse, broken sun glasses, the whole nine yards. So she stopped, pulled over and gave us a hand moving off the road n shit, gennerally kind, Swapped details and all that crap. After walking 10mins back home, my brother n myself go down the cop shop and report it etc, and they will be speaking to her.
FORTUNATELY, i have no injuries, except for cuts, bruises n a sore hip.
Now, some questions,
1) I guess the damage bill is going to be in excess of $500, and am about to go calculate how much it will be. Is there anything wrong with accepting a check, and if so, should i be getting it for just the repairs and replacement parts, or for the entire bike.(will be posting pics later when i calm down)
2) I am in no way liable to any damage or anything am I. I CLEARLY had the right of way considering i was on the roundabout and she was only approaching. I have reported to the police already, and they will be speaking to her.
3) I am expecting a phone call from her tonight, so is there anything i shouldn't be saying, should i give her a rough quote on the price for repairs etc, or should i get it professionally done at the LBS

ANY HELP IS APPRECIATED

SCUBA 05,

one pissed of 16 year old on a 5 or so month old sasquatch

 

[Purt]

damn man, bad luck! yeh its definatly her fault. not to sure on the other questions as its never happened to me, but hope everything works out.

 

[AngoXC]

Its good to hear your alright mate.

This may just help you out...or at least give you a bit of direction...

http://www.bv.com.au/join-in/40011/

Good luck!

 

[MasterOfReality]

Is it a legal requirement to have reflectors and a bell on your bike if you are riding on the road?

If you didn't and she is smart enough to realise this, then things could turn out different.

 

[jr cove]

man that sucks, i can't begin to belive how pissed off you must be!!!

hopefully all turns out well and u get your steed back up & running inthe near future

keep us all posted as to what happens with the whole thing

cheif

 

[kuruptz]

might want to put reflectors on your bike incase they check it?

think you need them.

 

[bodgie]

Well really i'd think you should look into getting the whole bike replaced. An impact like that could have caused alot of unseen damage to the frame and the rest of the components so even though they may seem fine they could have been stressed badly and fail on you some time later on as a result.

 

[Big Albequeque]

Bummer

Is it a legal requirement to have reflectors and a bell on your bike if you are riding on the road?

If you didn't and she is smart enough to realise this, then things could turn out different.

I would definately stick some reflectors on at least... but as to the bell, yeh mount one, but the visual of you madly ringing your bell to get her attention before wiping you out is abit amusing i have to admit...

I got smashed off my bike once when some goose opened his door and caught my frame square on the deat tube and stopped me dead from 30kmh. superman to the max...

 

[No Skid Marks]

Technically she's in the wrong. I hope you didn't mention you were doing 35+kph to the police. That's a bit fast to be entering a roundabout(I don't know the actual one)to realisticly expect someone to be expecting it. Just because the laws on your side,why weren't you aware of her? Couldn't you have avoided it? I don't mean to offend you,I'm just curious. You could jump off the sidewalk in front of a bus,and technically it's their fault,but.... I've been taken out a few times on bike and Moto,but most of the time it was my fault realistically for speeding and pressuming some half concious drone would be paying attention.
Did she look insured?
Good to here you're okay.

 

[nirvanafan]

if u ask me bike laws are a load of bull, i mean they tried to do me for riding on the footpath and now i find out u cant ride on the road with out reflectors, and when my sister got hit by a car she got done for it so i dont know go figure. good to hear ya allright mate and hope you get a good out come

 

[bikesarefun]

might want to put reflectors on your bike incase they check it?

I'd strongly advise against tampering with the evidence - that would be heading down the road of insurance fraud. You're sufficiently in the right at the moment, don't risk making yourself look dodgy.

 

[slip]

I CLEARLY had the right of way considering i was on the roundabout and she was only approaching.

Sucks that you got taken out.

I say this to you in a helpful way, after spending some time riding bicycles and motorbikes on our roads.

You must change your attitude bigtime. They are all trying to kill you. Car drivers, truck drivers, even the bloody pedestrians will walk out in front of you. I've had people look me in the eyes, while I'm riding a motorbike on a straight road, and still pull out in front of me - then almost get me again 5min later, same bloody guy.

Live in fear, and always assume that they have NOT seen you, no matter what happens. Screw the law, riding on a bicycle you give way to big metal things travelling at speed who might be on a collision course to take you out. You control the outcome of most situations.

 

[Binaural]

Is it a legal requirement to have reflectors and a bell on your bike if you are riding on the road?

If you didn't and she is smart enough to realise this, then things could turn out different.

Unlikely. From what I understand a fundamental principle of Australian law is that two wrongs don't make a right. For example, finding a burglar in your house doesn't allow you to, say, attack them unless they attack you. Similarly, unless the bells and reflectors contributed directly to the accident (riding in the middle of the night, which he wasn't) then they are irrelevant in determining fault and compensation.

 

[danv]

Exaclty what binaural said.

I went through a similar thing a few months ago, only the bike wasn't worth as much.
First question - is she insured? If she is, the whole process could well be alot easier (although don't count on it). If she's insured, her normal 3rd party will cover you. You need to ask her who her insurer is, ask also if she's made a claim, and then ring her insurer and tell them what's happened and that they will be buying you a new bike. They might ask you to send them a description and diagram of the accident.

You then should send the insurer a letter of demand, include ALL the details you have, say that you are getting quotes for a new bike, and say that you will take further legal action if the demand is not met. (ask your parents or someone who knows or google about a 'letter of demand'). They will then respond to this. They may want to send an assesor over. You aren't obliged to see the assesor, but it will probably help you get the money out of them easily (in this case, don't expect to be getting a new bike if only a couple of things are broken, they send the assesor for a reason (the other main one being to determine what happened in the accident)).

If she is not insured or will not make a claim, you need to send a letter of demand directly to her. In this case I would advise just getting the bike fixed or getting a quote for it to be fixed as cheaply as is reasonable and demand this sum. If she doesn't respond to this, you will have to take further legal action.

 

[itsajoke]

Sorry to hear about the accident man, hope you get through all the hassles OK.

When I lived in Sydney a few moons ago I remember the laws changing in regards to cyclists and it was for the worst too. The one that stuck in my mind was the round-about law: I'm certain it is the cyclist LEAVING the round-about that MUST GIVE WAY.

This makes no sense but that is the law for you. Check with the RTA down there or maybe one of the bodies like Bicycle Australia. The article I read was by one of those groups and the guts of it was as cyclists using the road we had no rights before and even less with the changes.

 

[CraigS]

Sorry to hear about your accident mate. I know that roundabout well as I used to live up behind the water tank just up the road. People absolutely fly through that roundabout well above 40km/hr.
Hope her insurance pays for all your costs. I would replace the whole bike as there could be hairline fractures in the frame which you wouldn't see.
Hope to see you back on the tracks at Kentlyn soon

 

[Ivan]

Sucks that you got taken out.

I say this to you in a helpful way, after spending some time riding bicycles and motorbikes on our roads.

You must change your attitude bigtime. They are all trying to kill you. Car drivers, truck drivers, even the bloody pedestrians will walk out in front of you. I've had people look me in the eyes, while I'm riding a motorbike on a straight road, and still pull out in front of me - then almost get me again 5min later, same bloody guy.

Live in fear, and always assume that they have NOT seen you, no matter what happens. Screw the law, riding on a bicycle you give way to big metal things travelling at speed who might be on a collision course to take you out. You control the outcome of most situations.

EXACTLY.

I had an accident when I was 17 in exactly the same circumstances except I was riding a moto, and she was driving a landcruiser trayback. Needless to say my left side was pretty thoroughly destroyed resulting in a lengthy hospital stay and plenty of fracture clinic visits.

Whilst on a bike (and even in a car) assume the worst and go from there.

 

[scblack]

FIRST THING - have you filled out a Police accident report?

This is required within 24 hours of a traffic accident, and will be wanted by insurance companies etc ( a copy at least).

REPORT the facts to the Police.

 

[MasterOfReality]

Unlikely. From what I understand a fundamental principle of Australian law is that two wrongs don't make a right. For example, finding a burglar in your house doesn't allow you to, say, attack them unless they attack you. Similarly, unless the bells and reflectors contributed directly to the accident (riding in the middle of the night, which he wasn't) then they are irrelevant in determining fault and compensation.

Ah ok, I was more thinking along the lines that the other persons insurance company will try to find any excuse to avoid paying out.

 

[scuba05]

ok,

i have just been down to push bike factory, my preferred LBS, and said what has happened, with my bike. He has had a quick look over it, and said straight up that it is going to be economically better for her to just purchase a brand spanker, because just from visible damage without having a close look at it, there is around $1000+, because both rims(Sun rims Singletrack) need to be replaced + laced, so that alone is $300+, new juicy 5 for the front ($200), dereullieur (sp?) is scratched to the shit house, so possible fractures(SRAM X7$80-$100), new back rotor(Hayes 8"), possibly new cranks (Hussefelts $200ish), and the list goes on.
He will be ringing the driver and giving a professional recommendation. I guess i will be hearing from here soon.
No Skid Marks, i did say i was doing 35-40 through a roundabout, because that is most prob what speed i was doing, so im not going to commit perjury. Also i was aware of her approaching, which was quite fast but is normal for that road, but due to my being on the roundabout already, i presumed(wrongly) that she would stop, until it was to late when i accelerated to try and 'beat' her. I believe she is insured, and will ask with which company when she rings back again. As it was my first major accident(i am only on my Ls), i guess it was the last thing on my mind to ask.
Nirvana fan, in NSW at least, you cant ride on the footpath unless you are under the age of 12 or something is what i have been told, but unfortunately it is in our best interest to break this law in the interest of our own safety.
Slip, i know i came across like a bit of an ass cause i was extremely pissed of to see my not-even-6-month old bike lying on the road screaming in pain so to speak, and i see what you mean by everyone is out to get us have come close to many times, i guess all my lives were up.
Danv, if she does not ring tonight, i shall do so and get her insurance details and make sure she put a claim in, that saying that she does have insurance. I think i shall get a few pointers of my parents and a law student/teacher at school i have for legal studies to write a demand letter.
Itsajoke, when you say leaving the roundabout, what do you mean. I was almost to the exit of the roundabout, as i was riding through as if i was a car, as there was next to no traffic, except for the one that hit me. Therefore, should it not be that she has to give way to me as if i was another car or such. I am not trying to argue, just wondering.
SCBlack, as soon as i got home, my brother took me straight down to the cop shop and gave a report on what happened. They are going around to the drivers place this week to get her report, and will be contacting me as to give an incident number or something:S

Other things,
I didn't lay blame at the scene of the accident by saying so or such, and have not done so to the police or later to her, and i don't plan on unless necessary. I don't want this to have to go to court, all i want is my bike or another bike of similar stature(no huffy etc) so i can go do what i enjoy most, RIDING. Many schoolmates are saying "get compo" etc. Me, bones and cuts heal, and im living, but i want my sasquatch back

Scuba 05

EDIT: Just to make clear, i did report it to the police and gave a report within 1hr of it happening. Might not have said that, but i will now