Car Vs Bike Liabilty Questions

Postby doofus on Mon 2nd Oct 11:06am

OK, I got a question or three.

I got rudely shunted off my bike at roundabout. She didnt give way, didnt see me, the usual.

Dented the front guard drivers side with my leg, slid over the windscreen, breaking it totally, dented the roof above the passengers back wheel, and landed on the road on my feet. Tada! Just a squishy shin bruise and a bit shaken up, back a bit stiff but OK, same with neck.

I got all her details..

So she is with Tower and has her claim in, I'm with AMI for house and contents. So I have the bike in at the shop I bought it from for a repair quote (I can see front wheel taco-ed, and brake disk, seat ripped, forks bent backward (it's a bought in Feb 2017 Scott Scale 960)) I've rung AMI, and they'll get things underway..

My wife is gunning for the cost of the Dr's visit (mainly for ACC form and to see if I had concussion (I didnt)) and physio costs if there are any.. I guess AMI (and Tower) rightly don't care about those. My wife is not a kiwi, so has some different ideas about liability than me..

So since I didn't call the cops to the crash or catch a ride in an Ambulance, should we report it to the cops? The cops website says only need to report it if there's broken bones or a night in hospital...

Wait til the insurance plays out and then ask the perpetrator for the Dr / physio costs?

and lastly how is it likely to play out with the different pedals and the bigger brake disks / adaptors I fitted that I got off trademe?

ugh insurance, crashes, such a pain in the arse for someone who HATES talking on the phone.

ta
CJK
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Re: Car Vs Bike Liabilty Questions

Postby AgrAde on Mon 2nd Oct 11:33am

If you've bent the forks I'd be gunning for a full replacement of the bike. It's hard to say what stress the frame was subjected to and whether its life has been shortened, and I wouldn't expect the bike shop to commit to saying that the frame is fine. There's a certain amount of liability there.

The bike is new enough that I'd expect the insurance companies to be reasonably on board with accepting a "like for like" replacement quote which would be the current version of your bike plus upgrades, or an equivalent that meets the same spec.
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Re: Car Vs Bike Liabilty Questions

Postby dwgknz on Mon 2nd Oct 11:39am

I’d report it as an injury crash and let the police decide what action if any should be taken. Also formalises things. The driver may have already reported it and you don’t want her version being kept as the truth.
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Re: Car Vs Bike Liabilty Questions

Postby neels on Mon 2nd Oct 12:03pm

Definitely report it, might just end up being a fine for failing to give way or possibly careless driving.

I had a similar situation with a motorbike vs car, no serious damage done but the driver in question was 'encouraged' to cover our expenses as part of the police considering diversion for a careless driving charge.
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Re: Car Vs Bike Liabilty Questions

Postby jo on Mon 2nd Oct 12:19pm

Definitely report it. Non reportage just means that black spots etc are recorded and the stats are all wrong when we are lobbying for changes to our roadways.

And get physio - the whiplash effects are a major PITA.
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Re: Car Vs Bike Liabilty Questions

Postby FLATULENTFRIEND on Mon 2nd Oct 12:42pm

VORB = the sympathy and empathy free zone :hmmm:

Glad you're basically ok but terrible read she knocked you off.

Please go through doctor to physio etc for checks on your back and neck.
She should have to cover that too.
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Re: Car Vs Bike Liabilty Questions

Postby doofus on Mon 2nd Oct 1:36pm

OK, so I did go to the Dr the day it happened.. Got it all checked...
Booked in to the physio already. Apparently we'll send Tower the claims for the Dr and the Physio..

Not after sympathy or empathy, just advice.. I've done far worse all by myself several times!
CJK


FLATULENTFRIEND wrote:VORB = the sympathy and empathy free zone :hmmm:

Glad you're basically ok but terrible read she knocked you off.

Please go through doctor to physio etc for checks on your back and neck.
She should have to cover that too.
doofus
Member for: 10 years 6 months

Re: Car Vs Bike Liabilty Questions

Postby Velocipedestrian on Mon 2nd Oct 3:32pm

I'm with AgrAde on the complete (or frame, fork, front wheel) replacement.
Could easily have hidden damage you don't want to find while riding.

Get the bike shop on board with that to assist with talking to the insurers.
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Re: Car Vs Bike Liabilty Questions

Postby FLATULENTFRIEND on Mon 2nd Oct 4:31pm

[quote="doofus"]OK, so I did go to the Dr the day it happened.. Got it all checked...
Booked in to the physio already. Apparently we'll send Tower the claims for the Dr and the Physio..

Not after sympathy or empathy, just advice.. I've done far worse all by myself several times!
CJK

Good to read you've got yourself checked out :) There can be damage we don't realise.

My thing is its not whether your after sympathy or empathy or not its just that here - you're very unlikely to get it which I think is sad when we should be there for other cyclists :hmmm:
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Re: Car Vs Bike Liabilty Questions

Postby FLATULENTFRIEND on Mon 2nd Oct 4:32pm

FLATULENTFRIEND wrote:
doofus wrote:OK, so I did go to the Dr the day it happened.. Got it all checked...
Booked in to the physio already. Apparently we'll send Tower the claims for the Dr and the Physio..

Not after sympathy or empathy, just advice.. I've done far worse all by myself several times!
CJK

Good to read you've got yourself checked out :) There can be damage we don't realise.

My thing is its not whether your after sympathy or empathy or not its just that here - you're very unlikely to get it which I think is sad when we should be there for other cyclists :hmmm:


People are more important than bike bits etc :)
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Re: Car Vs Bike Liabilty Questions

Postby Velocipedestrian on Mon 2nd Oct 4:49pm

FLATULENTFRIEND wrote:People are more important than bike bits etc :)

You what?
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Re: Car Vs Bike Liabilty Questions

Postby Wobbler on Mon 2nd Oct 6:09pm

I'd rather have a set of juicy 5's than farty tbh
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Re: Car Vs Bike Liabilty Questions

Postby Velocipedestrian on Mon 2nd Oct 6:23pm

Ooh, nasty.
How about a Psylo?
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Re: Car Vs Bike Liabilty Questions

Postby FLATULENTFRIEND on Mon 2nd Oct 8:20pm

Wobbler is probably representing all of VORB :thumbsup:

I think that's sad and its possibly why VORB is so well inhabited :hmmm:
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Re: Car Vs Bike Liabilty Questions

Postby Conners on Mon 2nd Oct 10:48pm

[quote="FLATULENTFRIEND"]Wobbler is probably representing all of VORB :thumbsup:

I think that's sad and its possibly why VORB is so well inhabited :hmmm:
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