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More smash than near miss...

Discussion in 'Your Near Misses - A Place to Vent' started by GavinB, Aug 23, 2015.

  1. On July 13th, I was riding to work in Richmond along Hoddle Street in the Bus lane.
    I was doing 60, the speed is 70.

    An oncoming car, turned right in front of me, across five lanes of traffic.
    He didn't see me...
    I didn't see him...

    It was a case of perfectly bad timing and I ran into his front quarter, over the bonnet, into the windscreen, did a floppy kind of somesault (I assume I was already unconscious) and landed perpendicular to the road on my head.

    I don't actually remember anything of the accident at all, not even the colour of the car.

    The injury list is long and alarming... but I required no operations at all.
    All breaks are non-displaced and the others were deemed manageable.

    Not sure how I survived let alone - got off so lightly..

    Broken skull x 2
    Broken vertebrae in neck x 3
    Broken verterbrae in back x 3
    Broken sternum
    Broken right shoulder blade
    Punctured lung
    (no broken ribs... not sure how you get a punctured lung without breaking a rib!)

    Giant bruise on one side of the brain
    Bleed on other side of the brain.

    Now I get to adorn a halo for another 7 weeks and most likely not back at work until the end of the year, perhaps the new year.

    i have full use of all my limbs and no real brain deficit to speak of (I get headaches and have some adhoc issues word finding) - all of which will apparently resolve with time.

    The driver was driving a hire car.
    The car company says they will cover my bike
    But not my gear or my laptop or the laptop etc that I had in the backpack.

    Sounds like a "fun" argument to have to be having in my current state,

    Can't complain too much - the pain killers are awesome!

    Though I am still trying to work out what the vial of blood in my belongings is all about!

    • Informative Informative x 1
  2. sorry to hear about the accident. could the vial of blood be your sample of the mandatory alcohol test
  3. Ouch!
    Vial will most likely be a Alcohol & Drug blood test.
    Get well soon mate.

    Get your insurance company to take them on, they don't get to pick and choose what they cover in an at fault claim.
    • Agree Agree x 4
  4. Sounds like that's gonna hurt. You sure you didn't get run over by a bus as well? Speedie recovery mate.
  5. Good to hear that you survived that one!. Do not get bullied by their insurance company. I was always told ( some one correct me if I am wrong) that there were only 2 completely (100%) at fault accident types - rear ending and turning in front of oncoming vehicles ( provided they were not doing so on green arrow).

    The driver who was 100% fault in the accident is the one responsible for paying for any and all damages you have experienced as a result of the accident. This includes repairing/replacing your bike or any other personal property damaged as well as the cost of a rental bike for you to use while your bike is being repaired/replaced.

    If you are sure the other driver was 100% at fault ( get the Police report) still notify your insurer of the accident as a FYI but just find a specialist legal firm to pursue the matter on your behalf. The law firm ( if you get right one) will also bill their fees to the other persons insurance. That was our experience. Rear ended in our new car. Notified our insurer of accident ( but did not claim from them). Past the matter to a claims recovery law firm. Even got a hire car for 4 weeks while car was being repaired.

    Get some legal advice, also to maximise what you get from TAC.
    • Agree Agree x 1
    • Informative Informative x 1
  6. Oh my gosh, that sounds terrible. I've had a few close calls in the same way on hoddle st, car from the left pulls across to the right most lane with no warning, on my morning commutes. I wish you a speedy recovery.
  7. Holy crap, that's a hell of a laundry list.

    Get well soon,and don't take shit from the other bloke's insurance scammers. Get yourself a lawyer, son, get a real good one.*

    *Nod to Tex Perkins/Cruel Sea.
  8. #8 creampuff, Aug 24, 2015
    Last edited: Aug 24, 2015
    Did the docs say anything about why you have two skulls (and two heads)?

    Seriously though, glad it wasn't worse and wish you a full and speedy recovery?

    You have a civil claim against the other (at fault) driver for your gear and backpack contents. This is irrespective of whatever insurance they have. I'd also be examining whatever insurance policy was taken out with the hire car company to see what exactly it does and does not cover. It will be easier to claim off the car insurer than to claim directly off the driver for your gear/backpack.

    I'd also recommend having a think about hiring a reputable and non-ambulance chasing solicitor who specialises in personal injury claims. Your injuries will take some time to heal and you will be off work for some time. These loses will far outweigh the dollar value of your gear and backpack contents. So make sure you are adequately compensated by getting proper legal representation.

    Edit: I've looked at what is covered by Avis Australia insurance here:
    You don't say which was the rental company and you don't know what insurance was purchased with the rental, but if you read Section 8, the rental LDW covers personal effects and vehicle contents, i.e. your gear and backpack contents.

    But really, I'd get a personal injury solicitor to help you out. Do not get a ambulance chasing one who will be more interested in getting their fee quickly than looking after you; get a reputable one who will maximise your claim amount.
    • Agree Agree x 1
  9. That's a lotto win all the best for a speedy recovery, and as others have said get some professional help on the legal side
  10. Tasmanian, obviously.


    Good advice. Make sure that you get hold of as much information about the offender as possible. I've seen a couple of cases where the hire company put up a brick wall to protect the identity of their customer and the police assisted them.
  11. Let the healing begin, oh and this.....
  12. Pssst! Look up! :p:p

    • Like Like x 1
  13. Not great news at all, but glad you're here to tell the story. All the best for a speedy recovery & good luck with the insurance.
  14. Agree with what has been said above, specially commiserations over your crash and VERY glad you are healing. (slightly gratuitous post to get my post count up as I'm a new member)
  15. Hi everyone,
    Thanks for the warm thoughts...

    I have TAC loss of earnings and personal income insurance, too (which will cover the difference between what TAC pays and I what I actually earned at the time of the accident)
    So I am not "losing" money by not being at work. - Which is a great relief.

    I do indeed have a lawyer, and "if" Budget, sticks to their guns (and I do not know if it is legal or not - or if they are just saying it, initially to restrict their outgoings) that they will not cover my personal effects - then I will need to chase the dirver, personally via a civil court preceeding. The outcome of which will be some sad, sorry guy saying
    "I can't all afford that - here, have $20 a week for the next 5 years".
    Almost doesn't seem worth it.

    I will wait until I hear back from Budget, the bike has already been declared a unrepairable by Melbourne Motorcycle Panels.
    So I am now just waiting to hear back from them.

    I don't think there is any value in buying another lotto ticket - I am pretty sure that I have consumed ALL my luck in the one accident!

  16. I still say your a lucky bastard and that its done nothing to improve your looks :p

    Will give you a buzz during the week :)
  17. #17 Returned, Aug 25, 2015
    Last edited: Aug 25, 2015

    ‘Budget Insurance Policy’ means a policy of liability insurance held by Budget for Your and an Authorised Driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the Vehicle by You or an Authorised Driver;

    Good luck with it. My reading of Clause 8.1 of Budget's terms and conditions of hire basically states they will cover for all damage to " the property of any person": They make no distinction between cars, houses, poles, boats, or personal property. ( There are just fobbing you off by quoting what the insurance policy covers for the hirer - that is clause 13, which states the hirer's personal belongings are not covered)

    If your using a lawyer make sure that they have agreed ( in writing) to get paid by Budget ( ie no win no fees). You can quickly run up $1000's of dollars by just having them write letters / call etc. Make sure they also specialise if insurance claims.

    I used a mob call Rapid Response Recoveries ( no win no fee)

    Worst case is the driver can pay at least $60/day for a hire car so has money - but if they were an overseas visitor bad luck.