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[VIC]: just hit a car, what do i do??

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by nibor, Apr 17, 2007.

  1. i know this isnt exactly MOTORcycle related, but still riding on the road.

    a bit over a month ago, i was riding my pushbike, racing to catch a train. wasnt speeding tho. i was about to begin passing a car on the left, as there was oncoming traffic on the right, and i would actually be braking and turning off the road before i completed a pass, so you could say all i was doing was beginning to pull level with a car.



    when i was @ the back left of the car, possibly level to the rear but definately not beside the car, it indicated, braked hard, and turned left all in one manouvre, to angle park on the left.

    doing about 40kmph, with maybe 1m clearance, i had no hope of braking in time, and got cleaned up, surfing the left side of the car, damaging mainly the aerial and side mirror as far as i could tell. was in shock n got taken to hospital before i had a chance to look @ much else damage.

    heres the interesting bit. the only injury i obtained from the car, was a bruised right shoulder. all other injuries were from contact with the road, milliseconds later. i can also only rememer contact between my shoulder and the car, no other body part. my bike had a couple of paint flecks on the handlebar end, but nothing was broken, bent or damaged.

    so with nothing but a sore shoulder (and a cut eye, gouged knee, and various other cuts n bruises, but these from the bitumen), i somehow caused $1400-$1700 damage, according to two quotes i have just received in the mail.

    does anyone have any ideas as to what i can do? i dont believe ive caused this much damage (i know cars are expensive to fix but jeez), nor do i feel i was entirely responsible for the accident. the vehicle is yet to be fixed so im going for a looksee ASAP, going to be taking photos too, and gonna get a quote myself.

    i know i was in the wrong, by being so close to the car in front, but then the driver only indicated for 1 second, if not less, before beginning to brake and turn (she was dropping the kids off to school, and i assume only just saw a parking spot, so quickly manouvred in, only to find me on her bonnet lol).

    do i have any legal rights here? anyone else been in anything similar? insurance plays no part, im a cyclist = no rego :/

    sorry for the long post, just realised its huge.

    any help is appreciated, thanks guys!!



    :( Rob
     
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  2. You were overtaking on the left. Suck it up and pay the bill.
    Oh sorry, you were on a pushbike, the laws do not apply here.......... :roll:

    Regards, Andrew.
     
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  3. On a pushbike? Like they even have rules. They're allowed to lane split yeh?

    If it was me I'd be threatening to sue them, even if that was BS they'd think I'm serious and hopefully back off.
     
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  4. Nibor

    If you were level with the rear of the car and then it cut across you, how did you end up on the bonnet? Or was it just a phrase you used.
     
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  5. Aren't we supposed to give way to bicycles when turning left but then again did he know you were even there if you were lane splitting (undertaking, what an apt expression) at the time??
     
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  6. Someone posted a link to vicroads website on the rules on riding a bike on the road. You have to give way to cars turning left but the car can't just swerve into you and cause an accident like they did.

    Check the vicroads website out to check if you were actually in the right.
     
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  7. by overtaking on the left, do you mean you were riding where you'd be riding if there was a bike lane? ie to the left of the road, or were there two actual lanes and you were in the left while the other car was on the right.

    I was under the impression that bicycles were *supposed* to pretty much be on the left side of the road under normal circumstances, pretty much where the bike lane would normally be these days. Ultimately, I think this comes under "obstruction" which pretty much seems to overrule almost every other road rule. I don't think you were *necessarily* in the wrong - I'd be seeking legal advice if I were you, just to cover your arse if nothing else.
     
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  8. typhoon: i am fully aware i come under the same laws as a motorbike or car, i am a legal road user just the same. just without third party insurance :(

    phizog: lol yes we do have rules, although some people think coz they dont have a motor or much weight to throw around, we can avoid them.i try not to break any. i dont think i havea hope in hell sueing, thi actually happened slightly over a month ago, so im completely recovered from injury, and no damage to the bike... which is kinda why i cant see how i did that much damage.

    Athman: yes it was just a poorly chosen phrase lol. this does help my situation however: if i was beside the car when it braked and turned, by the time i reacted and moved/braked, i would have clipped the front side, and landed on or gone over the bonnet, onto the road. the fact i hit the rear side door first proves i was at furthest level with the rear of the car, if not slightly behind. does anyone else agree with this logic, or is it just me?

    pvda: yes, but i think this applies only to when there is a bike lane, with a single lane i should note be beside the car unless theyre passing me or vice versa. as the driver said, she had no idea i was there, never saw me in any mirrors.

    in one sense its ok for me, im not losing a lum sump atm, i am already in debt, with barely $100 to my name. theyre not getting the money any time soon, so plenty of time to sort this out.
     
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  9. I know that here in Canberra that we have bike lanes that run besides the road and there's sections like off ramps where the cars have to slow down and essentially give way to the bike going straight before they can turn into the off ramp. Creates hell in traffic to see cars screaming to an almost halt cause of a cyclist crossing the offramp, but that's the law! Not sure if it's applicable in this situation but it sounds similar.
     
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  10. nah unfortunately im yet to see them here, cars still have to give way to a bike if front going straight, if they wish to exit, but this was on a side street down @ the local shops, i was about to pull up onto the kurb, no actual vehicle exit.

    cheers anyway!
     
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  11. I don't think you are actually at fault in this case, as you described it. Cyclists are allowed to travel to the left of vehicles in the left lane, unlike us motorcyclists. Personally I don't think what you did was very safe, but neither was the driver's actions.

    I would be getting some legal advice, as someone else mentioned. You should be able to find some free advice from someone. Maybe PM thetramp64. He seems to know the road rules here in Victoria, and provides correct advice here often.
     
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  12. Hey dude, as a fellow cyclist, don't take that crap from them! The only fine you can get as listed on vicroads website is for overtaking on the left of a left turning car. No fine for just overtaking on the left.

    I don't know how you will go if they argue that they had their indicator on prior to your arrival. Were the police informed? I think that they are supposed to be by law if an injury occurs in a traffic accident. You could go and ask some advice. Or pay $50 and get a soliciter to write a good demand letter which puts most people off.

    All the best
    Paul
     
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  13. cheers this is more something i can work with. no i dont think the police were informed, as they didnt contact me. we swapped details then i got driven to hospital by a mate, to get checked out. there are currently no fines issued upon me, this is simply a bill forwarded by them, qith quotes, requesting i pay the damage in 30 days.

    i'll pm Tramp and see if he can help, im waiting for a call back from a family friend, he is a barrister's clerk.
     
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  14. after legal advice, ive been told to keep my mouth shut. lol. not gonna agree to pay anything, just wait n see what they do, as the bill was a private matter, there are no legal proceedings as of yet.

    anyone who knows anything about road laws reagarding this, or if they need to know more details before passing judgement, please let me know.

    thanks guys :)
     
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  16. paul_b and f883, i owe u guys a beer!!

    according to basic logic, from those laws stated, i am allowed to pass on the left, unless the vehicle is turning left AND indicating it is doing so:

    "A driver (except the rider of a bicycle) must not overtake a vehicle to the left
    of the vehicle unless...blahblahblah"

    "The rider of a bicycle must not ride past, or overtake, to the left of a vehicle
    that is turning left and is giving a left change of direction signal."


    correct indicating is stated as:

    "The driver must give the change of direction signal for long enough to give
    sufficient warning to other drivers and pedestrians."


    therefore assuming im not lying (im pretty damn sure im not :shock: ) they failed to give me enough warning to pull out of the undertaking manouvre, thus making me exempt from illegally undertaking them, and resulting in an accident.

    im gonna sit here n do nothing now, knowing im not in debt another $1400. if they want to push the issue any further, i will notify them in writing of the afformentioned road rules, and their relevance to the situation (possibly courtesy of a friendly local solicitor, to scare them off) :)

    and that, i hope to god, is the end of that.



    if not, you'll know about it :p

    thankyou guys!!!! :grin: :grin: :grin:
     
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  17. Are there any witnesses to back either parties story??

    When this eventually ends up in Court it will be your word vs his so I'd be looking to proper legal advice on this not just we bush lawyers on here or it could turn out to be an expensive seat you're now sitting on :wink:
     
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  18. I will gladly have a look at the quotes if you like ,i am a smash repairer myself and will gladly cast an eye over them to see if they appear reasonable if you have to pay
     
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  19. Personally I think you should report it to the police. That gives you the initiative and the moral high ground. The other person will need to explain why they didn't report it.

    A big factor is that since a motor vehicle was involved it also enables you to claim TAC benefits if anything arises from it in the future.
     
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  20. tonyE: as far as i know, i cannot claim TAC benefits as i am on an unregistered vehicle - my bicycle. us cyclists dont, and as far as i know, cant register.

    i have no damages from the accident, im healed and happy, only their vehicle is damaged.

    pvda: no witnesses to the events leading up, just alot of people who heard the noise and saw me flying/hitting the ground.

    i know its just my word that they failed to indicate, but think about it, if they did indicate adequately, why the HELL would i continue in their path, if i knew i was going to get hit? even if they did indicate adequately, the fact i was so close before they indicated means it was not safe to perform the turn. they turned when unsafe to do so, thus initiating any accident.

    i was at NO error as far as i can see, i was riding to the very left of the road, beginning to pass a car as i see fit, i am also legally allowed to ride closer than 2 metres behind a moving vehicle, for up to 200 metres distance, so i was not too close to the car. this is stated as rule 255.

    so with no error on me, and a word-against-word error on them, resulting in an accident, either way it was not my fault therefore i am not liable. it was either their fault, or a faultless accident, which sounds like a paradox to me.

    "i rest my case your honour" :)
     
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