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VIC Bugger, I got cleaned up

Discussion in 'Politics, Laws, Government & Insurance' started by scotty134, Sep 1, 2008.

  1. So after 4 weeks of glorious motorcycling of which I loved every second I got cleaned up by a moronic driver who probably didn't have a license. I say this because he never identified himself. This happened 2 and a half weeks ago on the 14th of August.

    I want to keep this nice and concise so basically here is what happened.

    I was riding east along Elgin St and the car that hit me was riding north along Cardigan St. He has a stop sign. I was travelling about 35-40 km/h when he crossed the intersection but stopped in the middle of the road on the tram tracks as there was a right turner who he could not see past. See crappy diagram below. So I slowed down because I saw this coming and knew he probably wouldn't see me.

    I got to a point where I could clearly see his entire windscreen but did not have eye contact dude to reflections. I continued in front of him and then he took off as I was passing. Why? I don't know.

    right turner


    Anyway he knocked me off there was nothing I could do to avoid this accident. I went over to the left after his car hit the right side of my bike and my leg was wedged in between. I was wearing full gear and leather Dririder boots. Nevertheless my tibia got a spiral fracture and I now have a titanium rod in my leg.

    So now to my question, money. I really don't want to think about this given I just cheated death but obviously there's a lot at stake here. I have to pay a basic excess ($450) and a under 25 excess ($1600) totalling $2k. The bike has been written off and they are paying me a market value price of $7,800 less excesses. Given I was not at fault is there anyway I can get out of paying these excesses or can I claim it as a victim of crime as the other driver didn't stop?

    The police attended but the officer didn't file a report for some reason and didn't actually get witness names or numbers at all which is disgusting. I'm massively pissed off because this copper has attended the scene of an accident and because he failed to grab details, it's now the scene of a crime (hit and run?). What can I do? I don't want to pay the excesses obviously and I wouldn't if the arsehat who hit me wasn't a criminal and ran off.

    At this point it looks like I'll make a full recovery and walk no problems in about 6 weeks but I want justice for the idiot that did this to me - he shouldn't get away with it.

    Also, the insurance company is being as useless as you expect but it was insured for market value (Suzi GS500F). I paid $7,600 and now a quote from Peter Steven's where I bought it is $8,390. Post-LAMs the price has gone up as expected but the assessor puts the value at $7,800 which I think is a total rip. I couldn't get a replacement at that price.

    Anyways that's my story, any tips or adivce you can give on tackling the insurance company of the insured value and the excesses is much appreciated.

    Thanks to the nice bloke who parked my bike, shame he didn't get the rego of the other car beforehand!

  2. This is a job for ISCN. He's our resident insurance expert. <<Paging ISCN!>> AFAIK you'll only get your excess back if you can identify the driver.

    Sorry to hear of your spill mate. That utterly sucks.

    As you ride more you naturally become extremely cautious when in "shadows" caused by parked/turning/emergings cars. I often sit right up to increase what I can see or to be seen, ride the brakes and slow down to the point of stopping unless I feel confident I've been seen.

    Heal up quickly mate. Any broken bone sucks!
  3. Bugger and bad luck.
    Give me toll roads any day to avoid this type of thing.
    I wasn't there obviously but with a bit more experience you may have reacted differently. Were you in a blind spot? Where were you on the road? You saw it coming or had that feeling.
    Driver is a prick.
    See if the pub on the corner has an external security camera.
    Go to the cop shop and make a complaint then make an accident statement.
    Were there any witnesses? Chase them up yourself.

    RH side of the bike looks ok. How bad is the left?
  4. Heal up well, leg fractures not much fun.

    Don't know about Vic, but in NSW if cops attend, they have to file a report and usually charge someone with neg driving. Obviously excpetions and "both/nobody at fault".

    That excess is HUGE, and see your point about not wanting to pay it if you don't really have to. So if there was no report, try and chase the cops for it. Did you get the coppers name? Maybe your insurance company might have some luck, but normally they're going down the path of least resistance....
  5. Left side of bike is similar, in fact less damage, just the peg is bent and of course the fairing is cracked. I think the clutch handle was stuffed too I don't know. I can't believe they write off this kind of damage.

    As for experience, I honestly think it was just one of those things. I could clearly see his entire windscreen, I was going slow and sitting up and he only started moving once I could clearly see him. I just think he wasn't paying attention or something. Honestly, I had made the decision that it was impossible for him to not have seen me. The only other option would have been to stop and let him pass but as I said, he should have seen me. He ran off which only begs the question did he just make a mistake and accelerate instead of breaking because he took off and a fast rate just as I was passing him. I was in the left hand wheel rut of the lane so there was at most 2 metres for him to cover yet I had a clear view of him from at least 20 metres back. Anyway there's no question about me learning from this incident in general but the scary thing is if I was put in this situation again I think it would happen again, I think if anybody was in this situation they would have been knocked off regardless of experience because the other driver just made a mistake or didn't see me when he absolutely without any doubt should have. Sun was not a factor, speed was not a factor, I was in a blind spot for him about 4-5 seconds beforehand but I was clearly visible for 3 seconds or more and travelling at 2/3rds the limit or less. He only started moving when I was right in front of him but bleh I put it down to you just aren't as visible on motorbikes or he was an idiot driver.

    The sad part is I won't be able to ride again because there is absolutely no chance at all that my mother will let me! She wasn't happy the first time and I think it would kill her if I got on the bike again. That said, I'm going to go on a get my Ps because a few years down the track I totally want to get back on the bike because even in the back of the car with broken leg going around to doctors, when I see a motorbike I wish I was back on mine.
  6. The officer attending would be from the Carlton police station - (just around the corner from the crash site). Go in there and ask to speak to the officer in charge - (make sure you have dates, times etc. ) and ask what they are doing about it. It's a hit-run FFS.

    Can you PM me with all the details and I'll see what I can do through my contacts as well. There's a few too many of these types of incidents not being followed up by the cops lately...
  7. PM sent to TonyE, I just thought I might whack these details in here because I've got no hope of locating this guy/girl.


    G'day mate,

    Thanks for helping. I have contacted Carlton Police and they really want nothing to do with it. I made a statement to a female constable named Jessica (I have her last name somewhere, it was Italian/European I think but I can't get downstairs atm due to the injuries!). When I suggest that it was a hit and run they give me a spiel about being overworked, understaffed blah blah.

    Happened at 4:20 PM on Thursday, 14th of August 2008. It was a dark green late 90s Toyota Station Wagon, will have damage to the front bumper bar.

    A couple of witnesses, none able to provide rego number or any identifying information. One witness says the driver was a middle aged asian man. I thought it was a young Caucasian bloke in a HiVis vest about 25 years old but I had a broken leg and was getting high off those minty green things the ambos give you to puff on so I have no idea there.

    Again, thanks for your interest in helping,

    Richard Scott.
  8. Tell him to go buy one for you at that price, then.

    See what he says.
  9. "Under-staffed" and "over-worked" is code for "we got a paycut in the last federal election" (hence why there's been a dramatic decline in speed camera's around the joint?). Keep on the cops cases, become a menace to them - they just might investigate it even if it is just to stop you from calling them ever again.

    Get another quote on your bike - you don't have to settle for what your insurance tells you first off. You're allowed to dispute it, they're not gonna lower the value just because you want to query it.

    It sucks that this shit ever happens in the first place, hope it works out alright and you heal quickly.
  10. I hate to say this but the cops are f#cking useless in this situation. I had a similar thing happen to me but I found the bloke that hit me about 3 months later. He admitted it, got his name etc, went to the cops and all they said was "what do you want us to do about it?" And they wonder why they get no respect from an awful lot of people.
  11. I would be really pushing the cops to do their job, they are so lazy when it comes to these sorts of things.

    To ease your insurance pain make sure you claim for all your gear as well, that should get you a few more dollars.

    I had a very similar incident about a week ago, lucky for me the cops got the bitches name, but seemed very reluctant to charge or fine her.
  12. you need to talk to a solicitor.
    what about tac? you getting anything from them?
  13. Doesn't work that way in Victoria where our camera's are either premanently fixed or the mobile units run by contractors withthe only police input being sending out and collecting the fine revenue they generate.
  14. Which insurance company are you with?
    How old is the bike? (If its less than 12 months old, you can request a replacement instead of a cash payout from MOST insurance companies. I know AAMI does)

    If you can't identify the person at fault, you have to pay the excess. It sucks but its true.
    If you pay it now, and then they cops get off their fat asses and find this guy, just take him to small claims for $28.50 or about that, and get the money back for your insurance excess, and talk to your insurance company, tell them you found the guy at fault, and once its proven, get them to remove your claim from the system, else your premiums will go sky high...

    I really hope you find this ass...

    If the cops won't do anything, go higher and speak to the station manager and insist you want to find them and charge them with Hit and Run, neg driving, and leaving the scene of an accident.
  15. ..there's a common theme here...similar thing happened to me about 5-6 years ago (although in my car - which just happened to be my pride and joy Porsche 911 Carrera 1977 concourse condition).
    Stopped at a red light by myself about 7pm, just starting to get dark, look in the rear view mirror just in time to see a set of headlights, and then BANG. Car rolls sort of around the corner, come to my bearings, jump out. Guy obviously drunk or high starts mumbling about not having insurance blah blah blah, I'm almost about to knock him out but think better of it. Quickly jump on the phone, call the police start giving them street names, etc, just in time to see the joker jump in his car and take off!!
    'No worries' I think. Tell the cops on the phone, its all good because I know the make and model and colour of the car, and have half of the rego numbers (DM-5xxx - XD-XE Green Ford for anything playing at home). Cops say they can do a search no problems.
    Ring up the next day, nice lady constable who attended the previous day just happens to now be on the first day of her 4 week annual leave!!! what the...! 'ok' i say, 'just pass me to someone taking on her work in her absence'....'nah, noone mate' is the reply 'you'll have to wait'.
    4 weeks pass, finally get the hmmmmm 'nice young lady' who suddenly cant remember anything about the incident. 'no problems' I say, 'I have all your reports I will fax them through'. Ring back later in the day, what a surprise, no fax has ever been received. 'No problem' I say 'I will come over and give them to you'. Get to the cop shop (Glen Waverley, VIC), nice young lady not there, but the guy behind the counter assures me he will give it to her. Ring back the next day, nice young lady never had anything given to her...what a surprise!! Finally realise its not worth my frustration and just pay the excess.
    Rest assured even today every Ford that I drive/ride past I look at the rego!
    Love the cop shows from the states (and even here now) where the detective, constable, whoever, is soooo caring and trusting and goes out of their way to help the innocent!!! Yea right!!!!!
    Phew.....that felt good!
  16. My experience gives me no greater faith in the Vic Police than you have :(.
  17. I should be getting income support and medical expenses from TAC but I'm not getting anything property damage as it's not their job/ they don't do it I gather.

    I'm with RACV and I suppose I could demand a replacement and get them to buy it for me but I don't want it because I won't be able to ride it for 2 months and if I did my poor mother would have kittens. I need to wait a little bit to let her calm down and for me to recover.

    I'll start chasing the coppers more I think, I've already tried getting on them but they really want to know nothing about it.
  18. make a call/complaint to the Police ombudsman...

    that might get their attention and an attitude that will help catch this AR$E.

    Not that I want to be knocking the cops as they have a shit job and I never want to do it but to not even be bothered to write a report that's just crap.

    How hard is it really to write down some notes and type a report?

    What does someone have to be killed in a traffic accident for them to give a stuff?

    Or do we suffer from just another temporary Australian and he had it comming?
  19. #19 Nakkas, Sep 1, 2008
    Last edited by a moderator: Nov 6, 2014
    Generally I have a great deal of respect for our constabulary, but not when it comes to motorcycle crash matters.

    The motorcycle is always at fault, that's their standard approach. If in some rare event, it can be blamed on the driver, they'll get out of the paperwork and everyone's happy.

    I too have an experience where the driver was clearly in the wrong, but the cop failed to acknowledge it.

    It sounds like you're not going to get anything out of taking this up with more coppers. Identifying this scumbag will be next to impossible and seeing as insurance are on your side, all is good.

    The police will not put the manpower required to finding this guy in, they can't be bothered.

    Be thankful you're still alive, put your money in a geared index fund, it'll definitely have grown within a few months with the credit conditions easing and you're laughing.

    This kind of a thing will keep happening to you if you decide to stay on two wheels. How quickly you can recognise and react to these situations will determine your longevity. Good thing nothing happened this time, but like I was ranting about in the other thread (Some riders have it coming, in this section), it does not matter if you're 100% in the right legally.

    Legally being in the right means nothing on a motorbike. Scan every intersection as you pass. When the light turns green, don't go forward, look right, left, right and then blast forward. You have to show 200% more diligence than you would in a car.

    Good luck with everything.

    Correct. Get some payslips together, lodge the claim and they'll take care of everything.

    They're simply there to insure your body, you pay the premium in your rego costs. You're advised to make the most of it. It's not something you want to use, but when forced to, do it properly.

    I'm not suggesting cheating them, but have a look at all the benefits they offer. It's pretty good.
  20. Vic police spound like they are useless!!!!!!!!!!! Im assuming an ambo was called ? so u think the police would have to atleast write a report. Although it was a few years ago i had an accident in the A.C.T and 2 tarago vans turned up with the back decked out with a mini office set up and took statements from both involved and all the witnesses and no one was even injured.