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[NSW] Accident not at fault can't do anything

Discussion in 'Politics, Laws, Government & Insurance' started by 80SafeLuck, Jul 15, 2009.

  1. Hello All, I been reading this forum for quite a while, just something happened recently that may be worth to share. And I try to keep it short and and leave the boring details for later.

    I had been riding my scooter for 2 years and done 20000+km on it.

    One day riding to work, riding in 80kmh zone, I still check left side street with stop sign and didn't see anything. But last moment got hit by a large black car by someone on overseas license, with no Australian licence.

    Could sustained worse injury or killed, but 80kmh crash only ended up with cuts and bruises. [ask me if want details]

    But couldnt do anything after crash, medical personnel said it was as precaution.

    After accident is when nightmare really starts. Now 3 weeks later police finally said the large black car at fault and not much evidence for them to work with, even it was morning peak.

    With injuries they are minor and I am recovering ok. On way to work it was covered by Work Cover. Knew I could claim through the other driver CTP but that probably going to be more nightmare.

    From now on I will GET COMPREHENSIVE for my scooter, because I only got CTP and seem can't do much with damage to my scooter (Total loss), helmet, towing charges, etc. I Couldn't do anything after accident, the next day Police ONLY gave me the other car's number plate and the driver's name with overseas license.

    From there I can't get anything including owner's details, the other car Non-CTP insurer details, etc. Tried asking police, legal advice, RTA and even lawyers all in vain.

    Now Lessons learnt. Get Comprehensive at all cost. Always it's possible for others to knock you out without regard for you, get away with nothing and you bearing all costs yourself. And thank my deity that I am still alive and well.

    Thinking I will ride again just for "is it worth it convenience" but taking precautions like wearing fluroscent vest 24/7. Been riding 2 years, 20000+km but now still looks better if I get on with my normal life than pursuing this accident, if there are other ways of pursuing at all.

    I can give more "vivid" details if anyone wants. Almost 400 words forgive me if it's too long. Wish everyone happy and safe riding.
  2. Thank your lucky stars you were on your way to work, in NSW and not working for a company using the Federal legislation (e.g. certain large non-Australian telco's) when you had your off. Work Cover insurance will cover everything medical (if they accept liability - make sure you get that letter) so make sure you see a GP, have X-Ray's done if required etc. Back and neck pain can take a little while to eventuate.

    As to the bike damage, yes you did learn a nice lesson there. You did mention that the ambo's turned up? From memory if you are carted to hospital and/or the vehicle cannot be ridden away, _someone_ is charged.


    1. Full Comp (yay you have this lesson already)
    2. ALWAYS get in the ambulance. Cops must then take action (NSW at least).
    3. ALWAYS get checked out, don't assume you're fine.
  3. My understanding is as follows.

    CTP is a mandatory scheme designed to cover the medical / rehab needs of road users. You MUST have it.
    In Vic it's State Govt run in NSW its private, but it works in the same way.
    It does not cover damage to the vehicles, but covers you. This is the avenue I would recommend.

    Comprehensive insurance is for the damage. It is totally separate to CTP.
    If you have it, claim through yours. If you don't claim through thiers!
    Irrespective of what Const Plod says you could claim. Charges are not necessary to do so.

    Workcover, may overlap where the injury was incurred during working hours, or is connected to your work.
    (EG driving from one office to another, or driving a truck).
    But where CTP covers a normal road injury workcover will normally not.

    If you have any doubts / issues, it would be worth seeing a personal injury lawyer.
  4. Mine?

    Workcover will cover you on the way to and from work, if you go directly there with no stops, in NSW at least. This can be dependant on your employer (e.g. Optus uses a different system which does not cover you on your way to/from work). The only reason I know this is because I've been through it.

    The other driver's CTP in my case denied liability however this occured many weeks after Workcover initially accepted the claim. So in my case at least, Workcover accepted a claim regardless of CTP status. From memory it took approximately a week for Workcover to provisionally accept.

  5. In Vic, CTP would be the best way to go. It's no fault and State Govt run.
    They cannot deny liabilty.
    It was my understanding that the NSW scheme was privately run but worked the same way.
    Apologies if I am wrong I have edited my post accordingly.
    I used to work for a big Telco and they had "issues" about bikes being used in work time for similar reasons.
    It was pointed out to them that to and from work was our time, not thiers.
  6. The guy has still got to give you his details. If he doesn't then the police should charge him, because it is an offense. If they don't they are being lazy.

    A ticket would be useless, but they can still threaten to charge him, if he doesn't give you his details.
  7. And the major Aussie owned one as well.

    The CEPU has automatic cover for all it's members for travel to/from work as a part of being a union member as a result.

    Of course the NSW privately run CTP system doesn't cover the at blame driver/rider and costs more than our No Blame Victorian Government run TAC scheme :p
  8. Time for me to post the latest on this.

    At the moment my injury is just minor, almost after 4 weeks just a few minor pain and some joints can't move like they used to. So in terms of Injury claim, CTP or Work Cover Claims there shouldn't be much. But I think I will still report the problems to my GP to see if they will EVENTUALLY heal up even if I do nothing, or will they actually get worse, like one day I can't walk anymore :?. I always remember this is a lucky escape.

    But there are still nightmares all over.

    I still remember I told the Medical Officer attending me "I need to talk to my boss now".
    Medical Officer said "it's ok they can't fire you because you had an accident."
    Then I said "I work in a small company they can do anything."

    By now there should be some idea what happened. Even Google "Redundant After Injury" there are a few results up. To do this to someone who was almost killed after an accident, I think is just cold blooded and heartless. They never imagine if they are the one got murdered.

    Besides this I don't think the other party is seeking to accept their responsibilities. Even the police said the other driver didn't give a statement. Since it is declared the other driver is at fault, she will get charged, but also she is on overseas licence and there isn't much evidence, will the charge go anywhere. Light sentence maybe. If the police can't take what I said and need to say the accident happened in another way.

    If the charges is like this, still hope I can still do something with my property. I just read the thread "Invaluable index of links READ FIRST before posting"
    and found these threads on "Letters of Demand" and "A useful nsw collision story".

    my accident seem similar to the collision story above, so I am trying to see if I can do something similar. Like getting owner's address off police, letter of demand, etc.
  9. huh? Did you get the sack? Either way you should ease off the pain killers before you post.