Hi you lot.

I know this has been on the site before - but a quick search through the forums using the word lawyer produced a plethora of hits that weren't really relevant... So I'm hoping someone with their finger more on the pulse than me can help.

I got this email at work today, the list is our workplace BUG.
Hoping you can help, especially with the lawyer bit - it looks like they've already done the police report and (surprisingly) it sounds like the police were unhelpful. (even though there were a couple of beautifully decked out, and fit looking bike cops on swanky Scott FS MTB's at the breakfast this morning)

FF

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Hi Everybody
I have used this list with out authorisation – but for a good cause. One of our colleges was hit by a car who turned left across his path. Not only did the police refuse to charge the driver (they didn’t even attend the scene) but the insurance company is chasing him for damages.
The police told him that because the accident occurred at an intersection and the bike path was not marked across the intersection, he was at fault because he hit the car.
Does any one know a good bicycle aware lawyer who specialises in this sort of case?
Thanks

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Can't help with the lawyer, but in this situation, where you get cleaned up by a car, call an ambulance.

The police must attend an accident where the ambos are called.
I like the idea of forcing the law to come to your incident... but if you're not injured isn't it a bit dodgy to tie up an already overstretched healthcare system?
Just because you don't feel injured, doesn't mean you are not injured.
Agree, better to call ambos and yes talk to Bike Saint too. And definately no response to insurer until a lawyer's advice has been obtained.

I think this case is an example where we need changes to ensure driver's insurers are held responsible and cannot wriggle.

I'm not clear on who is at fault, in the absence of additional info. Possibly both parties. If the victim were a pedestrian the law is clear- must give way to peds when turning at an intersection.

In this case who must give way to whom might be something that might be disputed. Presumably there is a road intersection, and in addition the bike path is signed as such and obviously intersects. So there is a vehicular intersection there too. Is that right?

Charges / ticket may be possible if it can be established that the driver was at fault or was negligent. Since the driver presumably overtook the cyclist and therefore saw him it would be reasonable to assume that the driver could have chosen to prevent the accident and chose not to.
"...Since the driver presumably overtook the cyclist..."

We don't know that from the facts so far offered. The cyclist may have been undertaking the car.
True, good point. Doing that to a vehicle turning left is not a smart thing to do, and very topical in London.
We don't know if the driver signaled intention to turn, additionally.
Its standard procedure to have an insurance company try and get money out of the other party.

It is illegal to overtake up the inside of an already signaling vehicle which would be the only way that you could be held responsible.

But like in most close calls i've had in this situation i'll assume that the motorist was simply not paying attention and tried to overtake another vehicle while approaching a turn.

irrespective of the lane your friend had right of way as the vehicle turned across his path.

I had the same issue once in a motorvehicle.
The insurance company chased me, i went to legal services and they assured me i was in the right, we sent the insurance company a letter with a legal services letterhead... The insurance company kept coming.

I met with a neighbour lawyer in Adelaide who sent the same letter with a law firm letterhead... The insurance company stopped bothering me after that.

Of course if your friend got hurt or is out of pocket he'll need to go one step further and counter sue.
Most lawyers are pretty good these days, Make sure he uses the magic word "pro bono."
Simon Woodburn
@
woodburn and co

level 14 90 king william street adelaide got a few of my friends payouts thanks to bogan drivers and slightly permanent injuries but i think that had to do with work cover.

give em a call or look em up & see if you can find the same type of lawyer here.
Thanks Doddsy,

Will pass that on
Just a question -- Would this be covered by the Bicycle NSW cover ?

-----------------------------
POLICY INFORMATION

Insured:
Members of Bicycle New South Wales Incorporated

Scope of Cover:
Members of Bicycle New South Wales legal liability to compensate third parties with regard to Personal Injury/Death and/or Property Damage as a result of an occurrence arising from the bicycle riding activities of the member.

Limit of Liability
$20,000,000 any one occurrence and in the aggregate

Deductible (excess)
$750 Each & Every Incident

Please note this is an overview of the cover provided. All claims will be settled in accordance with the applicable policy wording.

If you require a claim form please visit the Documents page on this site
Hi all,

I'm the victim in question - so thanks everyone for your input, much appreciated. Was uninsured at the time but now have contacted a Sydney lawyer, name provided by Bicycle NSW, He's a cyclist and specialises in these sort of cases on a no win no fee basis. When I find out more next week I'll post. FYI I was taken by ambos to emergency at Concord and ended up with broken wrist (now pinned) and multiple bruises, cuts, grazes etc. Bad enough I guess but could have been much worse.

Cheers
And the coppers didn't attend?

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