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Post Accident Issues.

Discussion in 'Businesses and Service Providers' at netrider.net.au started by Big Chris, Sep 17, 2007.

  1. Yes, and in a timely manner.

  2. Yes, but where slow at paying.

    0 vote(s)
  3. No, claim was denied.

    0 vote(s)
  4. No, did not have comp cover.

    0 vote(s)
  1. Hi all,
    For those who have not read my previous posts over the last few weeks,
    I got hit by a ******* car driver on 21st August 2007,
    whilst riding home from TAFE, 3rd Year spray painting trade course,
    (that is relevant later)
    Have found out since was P plater with 3 months driving experience,
    probably first time she had seen a wet road in Brisbane before.
    Short stay in PA hospital, nothing broken,
    some kind of miracle for which I am very grateful.
    Did sustain shoulder and rib damage as well as other bruising.
    Will still need a few more weeks of physio to regain full strength in my left shoulder, And to stop the random shooting pain in my arms and fingers, neck related.
    also relevent,
    I did not have comprehensive insurance cover.
    I know is not the smartest, but apprentice / trades assistant wages are not great.

    Last weeks stuff.

    * Car driver’s insurer has denied all claims for costs of property damage resulting from the accident. Stated won’t pay for my bike, equipment, towing etc and won’t pay the damage to the drivers car.

    * Work Cover has denied payment of wages and medical expenses, because I was travelling from TAFE not work. They said I am classified as “same as unemployed†for work cover purposes. Doctor fees covered by Medicare, physio and remedial treatment out of my pocket atm.

    * My employer told Work Cover “Chris does not work for this company anymore and has not worked for this company since the 6th Augustâ€
    That was the last day I worked before going to TAFE to do my third year training.
    So I don’t have a job now either.

    Was very upset after all of that,
    I got mad, now is time to get even.

    This is the plan.
    * Letters of demand to the Driver, Owner and Insurance Company.
    I did a cut and paste on the pinned Letters Of Demand post.
    Much thanks to smee.
    Legal Aide Queensland also have an excellent PDF kit you can download,
    Called Motor Vehicle Property damage.
    Am hand delivering them tomorrow, 17-09-07,
    got nothing better to do, can’t go back to work yet.

    * Fill in Queensland Compulsory Third Party Insurance
    “Notice of Accident Claim Form (Non Fatal Injury)â€
    Should pay me for wages and medical costs.

    * Find new job, those b*stards can bite my shiny metal ass.
    With an attitude like that, I don't want to work for them anymore.

    Peace all,
  2. Go to a lawyer

    Go straight to a lawyer

    Do not pass go, just GO!
  3. Holy crap what the hell?! Why is the insurance company refusing to pay??

    Hope you get things sorted, thats the worst luck. What a dousche of an employer too. As Hornet said, a lawyer would be a good idea but if you can't afford one, you're on the right path.
  4. The police didn't attend despite you being hospitalised?

    In NSW, someone has to be found at fault if someone is injured.
  5. And take your employer for unfair dismissal.

    Did the insurance company give you a reason for denying the claim?

    I have had similar - 1 phone call and 1 meeting with the Insurance Council of Aust had them paying up pretty damn quickly.

    That bites big time. Let us know how you are going with it.
  6. Thats QLD for ya. I had a fairly big accident earlier this year, 3 vehicles, mine very badly damaged and written off, cab behind me badly damaged and the ute in front of me with minor damage. Ambos came, Fire-ys came, but despite calling the Police MYSELF... one of the other services cancelled the request for the Police to attend in the interest of clearing the road to keep traffic flowing :roll:
  7. Toecutter,
    the QLD police did attend, I am waiting on the report via Citec.
    The driver has been found 100% at fault, attending officer told me as much.
    I have spoken to the attending police officers a few times since the accident.

    The insurance company is claiming the car was not roadworthy,
    that the car had bald rear tyres,
    the police attending the accident did not book the driver,
    they apparently had noted that the tyres on the car where worn but not illegal,
    as I don't have the report yet, I can't verify this.
    The driver's mother, the car's owner,
    told me that the police did not issue an infringment notice.
    I am giving her a letter of demand,
    as the owner she is responsible for the condition of the tyres.

    As for my employer,
    shows how much they care about the spraypainters that work for them,
    will be talking to the foreman I was working for,
    see what the hell is going on.
    But after this, I am just going to find a new job,
    I don't want to work for a company that would treat an employee like this.

    Have not consulted a solicitor, can't pay them,
    will be issueing the letters of demand,
    if that fails,
    will see if a mate of mine can help,
    his speciality is industral relations law,
    but might be able to get advice from other solicitors in his firm.

    the Insurance Council, excellent idea, did not think of that one.
    Unfair dismissal, maybe not, was permanant casual basis.

    Will keep you all updated.

  8. How long did you work for him Chris? If it was more than 12 months, you still have a case against them.
  9. I will watch this with great interest.

    Chris, I hope you get it sorted in your favour. In any event the driver is liable, but getting blood from a stone can be difficult. Let this serve as a warning to anyone without comprehensive incurance and a bike worth more $$ than they are prepared to lose.

    Insurance council of Australia is where you should go for interim advice. If you can, go and inspect the car that hit you, take some pics of the tyres, and just see if they are legal. If the assessor measures tread depth incorrectly because it is borderline (or measures conveniently to avoid paying claim) you may need some proof of what the tyres looked like, take a tread gauge with you to show depth.

    If you have 3rd party cover yourself, your insurer may pay up to $3K as they sometimes do for cover against uninsured motorists.
  10. Mate, that really sucks the big one. I have no advice to offer, other than 'be really persistant!', & also speak to a Union about your work situation. Wishing you loads of good luck & willpower! Good on you for following through on this. I'm very keen to hear what eventuates.
  11. Hi all,
    Have hand delivered 2 of the three letters of demand,
    Posted the other,
    They are about to have a really bad day,
    got a letter of demand for nearly $8k,
    payable in 14 days.

    When I got home I found the police report in my letterbox, yay
    7 pages for $65.49, or 9.35 per page, and it has no gold on it either, lol.


    "Crash Description,
    Official Police Notebook.
    The car driver is unit "Unit 1" and I am called "Unit 2" for police purposes.

    At appox 4:10pm unit one was travelling west along Chatsworth Rd, Coorparoo.
    Unit 1 has lost control of the vehicle and fishtailed in the wet weather.
    Unit 1 has swerved to gain control of the vehicle
    and has driven onto the wrong side of the road head on into traffic.
    Unit 2 was travelling east on Chatsworth Rd
    and has collided with unit 1 at the front and rear drivers side causing injury to unit 2.
    QAS has attended and took unit 2 to PA for obvervation.

    Atmospheric Conditions:- Rain.
    Mechanical Inspection Required:- No
    Vehicle Defects:- Tyres (ie Low Tread, puncture, blow out)"

    End Quote.

    The location of the accident was the stretch of road between fork street and Rossmore ave.
    Check out the maps,
    The red cross was the end point,
    the car came from the right side,
    myself from the left,

    Somehow the driver of the car lost control whilst negiotating
    the minor bend in the road, fishtailed, crossed the road and took me out.

    Contrary to the police report, it was not raining at the time of the accident,
    it rained several hours earlier, and within minutes of the accident.
    The road was wet but was not raining.


  12. Good luck with it all Chris. [-o<
  13. Thanks smee,
    I will keep everyone up to date.

    I am hoping that the insurance company will just pay up,
    The Insurance Council of Australia is the next step,
    seeing them tomorrow.
    I hope their influence will get the insurance company to do the right thing
    and pay for my bike.

    After reading the witness statement,
    the driver behind me hit the brakes,
    to avoid the wreckage of my bike,
    and got hit from behind.
    So the insurance company has to pay for the drivers car,
    my bike and the damage to the cars that where following me.
    No wonder the insurance company just flat out denied the claim,
    cost them too much money.

  14. You should see if you can get some free legal advice. Sometimes the university law schools will have an advice service. Typically they will just write a letter of demand for you, but they might be more helpful.

    In the end if you are making letters of demand, you have to back it up with a legitimate legal threat. I'm not sure of the Queensland system, but typically that involves taking it to the small claims tribunal. In Victoria that means no lawyers are involved and it only costs about $50. Not sure about the case in Queensland.

    Alternatively there are lawyers that will take on the case for a reasonably small fee if they win. I was going to use one on an a*hole so called friend that reversed into my bike and never paid for the damage. They took notice then :twisted:

    It's a shitty situation, but in the end you have witnesses, a police determination and are clearly not in the wrong. And ultimately the girl that took you out is liable. Even if she needs some sort of payment plan, she has to pay.
  15. Not necessarily, you will probably find that the car who hit the car following you is a fault for that part of the accident as the law states you must maintain a safe following distance (in case, say, a guy on a motorbike crashes infront of the car infront of you). Many times i hear of accidents where someone is cut off and hit the brakes, they are hit from behind and then it is said "and the guy who caused the accident just drives off", no, its your responsibility to have enough room from the car infront not to crash into them.

    But thats beside the point,

    That car infront of you went out of control and hit you, it seems some people don't read the part of their insurance that says the car must be kept in a roadworthy condition or else they wont be covered. I dont suppose that anything could be dont with relation to the mother as the registered owner of the vehicle?

    Unfortunately it seems to happen too often that if neither of you are insured then you are kind of stuck.
  16. bugeater,
    the free legal advive service at Caxton Street is the next step after the Insurance Council,
    luckly I do have the police report on my side,
    as well as the witness statement,
    I also have a name and phone number for another witness.

    the other drivers may not have a claim against the driver at fault for hitting me.

    Agree that some people dont know or understand or even care
    that the insurance policy states that your vehicle must be kept in roadworthy condition,
    otherwise you have no coverage.
    My previous boss didn't care that the work utes had bald tyres,
    I stated that I would be ticketed for the condition of the vehicle
    and lose the points off my licience,
    which he disagreed, but the QLD Police didn't.

    In the favour of the driver and owner in this case,
    the police did not issue a ticket to the driver at the scene,
    if they believed that the car was not roadworthy,
    a ticket should have been issued on the spot to the driver,
    was only noted that the tyres where low on tread,
    and at least one tyre was deflated,
    either as a result of hitting my bike or the gutter.

    If the insurance company ultimatly refuses to pay anyone due to the tyres,
    I then have to go after the owner for the money,
    because she did not keep the car in a roadworthy condidion.

    I spoke to Suncorp, my CTP insurer,
    they stated if I had Extended Third Party Property,
    they would have represented me in this case,
    As I was not at fault for the accident.
    Did not konw that one,
    Extended Third Party Property,
    covers you for not at fault property damage costs.

  17. Well best of luck with it. I have a feeling you will get your money eventually. It just might take a while. You just have to be assertive and know your rights.

    On the bright side - you are okay.... sounds like it easily could have been a lot worse.
  18. Bugeater,
    you are so right, with the information I have now on what happened,
    I know it could have had a lot worse outcome for me.

    After this, when I get my bike paid for,
    I will post the best information I have found from this experience into one thread,
    hopefully helping someone else,
    to not end up on the wrong side of an insurance dispute,
    or if they do end up in a similar situation,
    the options available
    and how to get a good outcome.

  19. Chris, just to add, the insured should also be pressuring the insurer to cough up, afterall it will be their arse if the claim is refused.

    Get them to point out that the Police report incorrectly states conditions as raining and anything related to the tyres not being roadworthy.

    The insurance council may tell you that you have no way of acting to get the claim paid, it is the insured that must take the action against the insurer.
  20. I would think that the two cars behind you are a totally separate issue, as the first car behind you did not hit you. The second one ran up their butt, so they will be responsible for that.

    In which case the insurance company you are going after is only up for the $8k for you (is that right?) and whatever the damage to the car was.

    If you put it through the ICA, I would put my money on the insurance company paying you and telling their client to whistle dixie. Its not a big amount in the scheme of things.... I reckon they will just pay you to piss off.

    Thats what happened with me anyways (and I didn't have as strong a case as yours :oops: ), so I hope it goes the same way for you.