Kawasaki Sportsbike Riders Club - Australia - Online Forum

hey guys
i was out on the road yesterday training for a 12 hour mountain bike race in june.
i foolishly headed south into busy roads, and rode down to middle head then headed back to hornsby.
on the way back, i was headed up the hill through crows nest and a truck clipped my torso then hit my handlebars.
the impact sent me sideways a bit, then face first into the bitumen. it smashed my two front teeth
made the ones either side loose, took a chunk out of my chin, between my eyes, and my left arm is missing lots of skin too, including a deep gauge out of the left elbow.
i spent 4 hours in hospital and then another 2 or so hours at the dentist getting my teeth temporarily capped.
the driver came back and the police dealt with it all.
driver of the truck is at fault.
my lip is still swolen and some of my wounds keep bleeding. i cant really go out anywhere.
the driver was in his work truck when he hit me too.
as far as insurance goes, im not sure what to do. last nights dentist appointment cost me over a thousand dollars and i need to head back for more work in a few weeks. the bike is stuffed, and all of my gear has been pretty much destroyed.
what do i need to do as far as insurance goes and getting my costs covered?

claim all medical costs (now & ongoing) against the truck owner CTP insurance.
claim all property damage against the truck owners property or public liability insurance.

keep ALL receipts and a diary of all appointments (including all notices given & received between yourself, the at fault party and their representatives)

You may compile a list of all costs and compensations required and forward them with a letter of demand.

If you get the run-around or they dispute, inform them you will seek legal representation and additional costs for such assistance.

good luck and heal quickly

make sure the police report you get a copy of
shows the truck at fault...then go see a solicitor

Sorry to hear that Poor bugger. Luckily the truck driver noticed what happened and came back

First thing: Get up off the internet right now and grab a folder. Place all the documentation (receipts, etc) you have so far in that folder. Keep it safe and up to date - documentation means everything right now. Get a copy of the police report from the incident.

In regards to your gear:
You'll need receipts for everything to claim against the company's third party insurance. Anything you don't have receipts for, you may need to get quotes for. Don't immediately accept whatever the insurance company initially offers you, until you've had a chance to think about it. For example, they may try to depreciate your gear (i.e, bike cost 1K, but they say it's 5 years old so they'll only give you $600 for it, etc), but you can argue / negotiate these amounts - they often aren't giving you the best offer up front, so don't feel like you have to bend over and just take whatever they offer you!

If you get any resistance, or are unsure about it, you can always lawyer up. If it was only your gear that was damaged, I wouldn't recommend lawyers - in my experience, if you present yourself well, keep communication with the insurance company in a written format and make sure you come across as educated and a little stubborn (i.e, don't let them think they can just brush you off and you'll go away), you can often resolve in your favour any resistance from the insurance company, though it may take a couple of months and a few letters.


Medical stuff:
The fact that you have injuries makes it much more difficult and makes lawyers more likely, depending on the extent of your injuries. Make sure you find out from doctors and dentists how much work will likely need to be done in the future, and how much might possibly need to be done in the future as a result of the accident. In a written format, not verbally.
If there is extended work or possible reconstructive work to be done (your teeth, plus you don't say how bad the chunks of skin are - facial injuries can require multiple surgeries over an extended time frame), you will *need* better advice than what you can get on an internet forum.
I had to technically 'sue' the at-fault driver, so that their insurance would pay for my injuries, plus future surgeries, plus compensation, however that was while I was a minor and was around 25 years ago, so I have no idea what the exact process is right now. My parents had no idea at the time either, and deferred to a lawyer. While I'm the last person to suggest lawyers as the first step in any dispute, you really, *really* do not want to get shafted and find out in 6 months time, that you've replaced your bike and gear, and gotten your face and teeth put back together, but there's still more surgery being recommended by your doctor. It's next to impossible to go back and get more money after a ruling, or after you've accepted a payout figure, and you don't know exactly what the future may hold, so don't rush into accepting anything, even if you're hurting for money and need to be reimbursed right now for current expenses - I can't stress this enough.

So if the injuries are not temporary and extremely minor and/or will require an unknown amount of future work, my advice is to get off the internet and get a lawyer.

jesus.

I hope you get well soon mate.

thanks cath
i just took a walk to the shops at hornsby to get some painkillers.
man i got some weird looks. my face is still swolen.
ive tried to get in contact with a friend whos a solicitor.
im not going to proceed with anything claims wise until ive talked with him.

Let me know if you need a hand with anything - we're just down the road and I'm more than happy to help out.








And dude - it's Hornsby. There's always weird looks at Hornsby

thanks cath

damn!! glad you're reasonably well -sounds like it could have been worse.

Feel better soon dude .

Cath wrote: And dude - it's Hornsby. There's always weird looks at Hornsby

its not that bad if you don't check your reflection in the windows...

trust me i've been there

Shouldn't you be going straight through the Green slip for any medical costs. I would have thought the dentist would have given you forms to fill out. In any case ring the green slip insurance company of the truck driver to make sure they are aware and get a claim number. If you have reported it to police get the offence/ event number (I can't think what it is called now)

If you don't want to lawyer up, call the insurance obudsman and get the information on how to proceed, there is free advice on how to proceed if you don't want to go the lawyer path. If you are only claiming for out of pocket expenses and no compensation for on going hardship it will be a much faster process, that is not to say you shouldn't claim for hardship if you are suffering financially and long term physically including disfigurement.

Weigh up what is important, what you believe your costs will be and if you want to be compensated. Some people will say sue, sue, sue, but remember they don't pay over night when you are looking to negotiate for hardship.

Good luck and heal fast

Nick

Fark man - heal up quick!

You are one lucky, lucky man!

Damn thats lucky dude!! heal up quick!

got the pushey back
im pretty sure, the truck has clipped my behind then the handlebars.
snapped the one peice A head stem off the fork tube.
i went back to the site of the accident just then with my girlfriend.
holy crap i covered some distance.
i remember the point at which he hit me. ive ended up hitting the deck another 5 or so metres in front of that.
then the bikes stopped another 3m past where i stopped.
im still trying to figure out how the bike went over the top of me.