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NSW Truck turning illegally caused me to fall off bike

Discussion in 'Politics, Laws, Government & Insurance' started by Vikash, Feb 14, 2013.

  1. Hi guys,

    I've been in my first ever accident and am really happy I'm okay. It could've been a lot worse!

    I was going straight on Pyrmont Bridge Road in Pyrmont (underneath the Anzac bridge) when a Truck made an illegal right turn and turned into me. I had to slam the brakes and evade the truck which caused the bike to flip over and sent me flying over the handle bars. I am extremely grateful I just got bruises, because I was going 50 at the time. The police rocked up and gave the driver a fine and told him to contact his insurance because he was at fault (and I only have 3rd Party). I've tried to contact the driver multiple times (he was from France with a French licence), but he isn't answering any of my calls. He was driving a company truck (CityMove) and I've called the company. They said that they were told about the incident but that they won't file a claim because their driver didn't hit me. They said it's my own fault that I fell over..

    I am just amazed by their response. I believe I am very lucky to came out of the accident with a few scratches. If I would've hit the truck it would've probably been a one way to the hospital..

    I am really confused on what to do. I called the police and they said the officer determined that a report wasn't necessary and that the truck driver is at fault and will need to pay for my property damage (the bike didn't get off that easily..). NRMA (their insurance) says they can't do anything until they file a claim.

    I cannot believe that they could be right. Would they have needed to hit me in order for them to be at fault and liable..? What should I do?

  2. Even if you have third party insurance , call them , they may assist you.

    Also , Aly had a similar situation , how did that work out ?

    My understanding is if you didnt hit the other vehicle then, you may be unsuccessful in getting any money from them.

    Sad as it is , you would have been (financially) better off slamming into the truck.
  3. Ended with me paying the excess
  4. I can't see you getting anywhere with this.
  5. Be more specific Aly.

    You ended up having to claim on your own insurance. ?
  6. Your in a spot alright. Without a police report it's your word against theirs.
    Your insurance company does have the means to recover the damages for you (pretty easily because of the fine to the driver), but it would be an act of charity on their part, as you haven't paid for that service.
    Might be worth asking though, if the damage is bad.
  7. Third party property should cover this service. I know it is in my policy.
  8. First up - glad you're OK - hopefully this will not deter you from riding, albeit scary and confronting.

    Third party would only cover the rider if the result of the crash caused damage to public property or another piece of private property...............unfortunately.

    If the drivers' actions caused the rider to take evasive actions then the onus, again unfortunately, is on the rider..........

    Playing devils advocate - you are in a pickle.

    The Police statement puts the truck driver at fault of an incident - with no collision.
    Your actions then caused damage to your property...........

    I do NOT agree with the outcome.......

    The LAW is and can be an ASS.......
  9. Could the OP take civil action against the company on the basis that the fine put the driver at fault?
    • Like Like x 1
  10. I just can't believe it can be this unfair. If I didn't do what I did I would probably be dead. Their actions caused direct damage to my property, if I hit them or not..

    Both officers said that they are at fault and their insurance needs to cover it.

    So essentially what they are saying is that if one car forces another off the road the car that went off the road has to pay for the damages..

    Their must be a way to fix this. It's simply not just!
  11. I'm not sure about the insurance, But now you have had time to reflect, Is there anything you could have done differently to avoid a similar incident in the future.
    i'm not having a go at you, but maybe emergency braking practice or lane positioning, anything you could improve on reflection?
    • Like Like x 1

  12. Two courses.

    One as suggested contact your insurance co and request they send a demand letter to the company owner of the vehicle. For the sum of $x

    Second. Failing the above.

    Get a lawyer to draft one up.
  13. #13 Ljiljan, Feb 15, 2013
    Last edited: Feb 15, 2013
    We should already have one floating around in a sticky somewhere. We certainly used to, Tramp drafted it. Have a look around a few of the forums at the stickies, I think the thread was titled what to do after the crash or something like that from memory. I'd be going to the police station of the two officers and say you need a police report for the insurance claim/court appearance. Might not do anything but you never know

    Here: https://netrider.net.au/forums/viewtopic.php?t=30141
  14. I think you should be ok. The company is playing hard ball, as is their right. Justus should be able to give you a better idea, but I can't see them getting out of it if the correct legal avenues are used.
  15. if there was no contact be tween you and the truck ,,, your screwed,i have seen this before,,, its the same as if some one running out on to the road in front of you and you drop your bike to avoid hitting them ,,,,
  16. Damn sorry to hear this - As a bike rider you really should have comprehensive insurance, more so than for a car. Not just to cover your property but self as well.

    I don't think you're going to have much luck.. I'm surprised the truck co. even admitted to it. They could well have said "uh? we haven't heard about that, no driver by that name on our books".

    And a foreign driver on a foreign license... he's probably moved on to another state now picking fruits and moving between backpacker places before going back to his dirty country!
  17. That's an interesting topic, I hate to imagine how many people riding have only third party , but then how many have ZERO insurance.

    I know of two crashes in the last week, both had zero insurance
  18. Insurance is just gambling that you will have more crashes in your life than the average rider. I only pay third party property and not having comprehensive has paid off. I am well over 1 bike up from not paying premiums.
    As for paying third party I am well down, but i'd rather not pay for someones Porsche.
    • Like Like x 1
  19. I guess it depends on whether you have the ready cash to replace your bike if you write it off. Sure, not paying premiums will save money, but it's only effective if a) you put the money you save into a bank account and hope like hell you don't crash sooner rather than later, or b) you have the dosh up front anyway. Remembering that a crash is not always your own fault, and even if it isn't, you can't always identify who is at fault. Yes, it's a gamble I can't afford with a $15000 bike. But each his own.
  20. Yep, it is a little different having a $5k bike. Many things play a part but comprehensive isn't for everyone.
    • Like Like x 2