Had a bike accident on the weekend with a hub cap on the road-do i sue?

Hi i had a an accident on saturday night when i ran over a hub cap from a car on the road Bay street Ultimo. Does anyone know if this is something i should go for compo about.I don't know these things. I didn't know that plastic hub caps slide and i could swerve as there were parked cars on one side and traffic on the other. Any suggestions. Yes i was injured...i will get into that later as trying to do too much and well just sore as hell...

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Hi Rap Attack

I can't answer your question but I am sure others can about who (if) to sue.

The main thing is are you OK?  Were you seriously injured? and was your bike damaged?

Oh thanks :0) yeah it was only after i got home that someone said i could sue and i have no idea. She said she had done so herself but i need to get more details. I was injured on the left knee, left left big toe and right elbow. The bike is now out of alignment. Back wheel and will need repair. I limped home with the bike as i was just not thinking. Was dizzy for a while and not in great shape. After this happened the next day i tripped on a crap fence at the back of my housing NSW residence and broke my right knee so then i went to hospital. So crapped out about the bike as it has cost me so much money and now it is not rideable :0(

Anyway so now i am in a splint on the right leg and the left leg keeps opening up and reinfecting because i need the use the left leg to get around and bend :0(

Broke your right knee? Do you mean that you`ve got broken right patella? If so,that means you will be off bike for 3+months and physiotherapy to bend your leg to make it flexible.

I`ve had broken left patella from self high speed downhill crash into armco barrier from Canberra Tour charity ride in which it was my fault in Sept`08.Had a 2 night stay after being operated to put bandwires in my patella.It is not comfortable to ride with it and it was removed 7 mths later.

Who would you sue?   Why?  Who was negligent here?

Yep, these are the right sort of questions.

IANAL (but I do have a law degree), and my non-legal advice would be that for you to successfully sue somebody you'd have to:

* find the person whose hubcap it is.
* show that they knew that their hubcap had fallen off, or should have known.
* show that they should reasonably have known that a hubcap on the road could cause an accident like yours.
* show that they had the opportunity to remove the hubcap from the road before you hit it.

Alternatively it might be possible to sue the local council if you could show that their road-cleaning was negligent.

Good luck.

Sorry you had a stack and were injured, but by the sound of it unless you were going to or from work or at work at the time I think compo is out. Otherwise I just don't think anybody else was negligent, does anybody else have any ideas?

  Sometimes an accident is just that.

Recent workers compo changes now rule out compo for your journey to/from work.

See http://www.performhr.com.au/2012-nsw-workers-compensation-changes/

Which makes me think I need to sign up for bike NSW or Vic bike insurance...

I agree with the others, this is an annoying accident, with no one you could sue for negligence.

Ps I'm not qualified to give legal advice ;-)
Try the MAA
Looks like you might be able to make a claim under the nominal defendant scheme.
Thanks will look that over tonight. Had a bad night from swelling around the knee and lower leg plus the wound was wanting to reopem again

Are you after a payout or after coverage for your medical expenses?

If you are after a payout, then I think you are going to have trouble finding someone to sue and proving that they were negligent.  What did you have in mind?

If you are after coverage for medical expenses, then:

- Workers Compensation used to cover you if you were riding to/from work (recent changes have removed this option).

- Have your medical expenses covered by medicare or your private health insurance.

- Have your medical expenses covered by Bicycle NSW insurance or another bicycle insurance.

Hi i dont know much about legal stuff and this is the first accident i am asking about this type of thing . A friend broight it up and insistant i can do sometging. I dont have a job.plrase excuse the typos but i am on. An iphone. Cant use desktop because of knees. Went to public hospital and it was shit. Made me sicker if anything. Cant answer anymore as i dont know

Your testimony indicates that you observed a stationary hazard and failed to brake, which means you'll have a hard time getting a injury compensation claim or suit through against the "nominal defender" without them getting it half cut down due to contributory negligence.  Its one of those ones where you'd pay your money to your lawyer and roll the dice, could go any way, but the insurance company is not likely to roll over easily.  If you lose completely, you'd wind up having to pay both sets of lawyers too.

Whether or not motorists like it, you shouldn't ride in the parking bay areas on bay st.  (I ride that street a couple of times a week).

Ride well and truly right of the lefthand edge line of the traffic lane, where you can move towards the parked cars if you need to avoid a hazard on your line. This is generally true of virtually all Sydney riding situations.  It will also make entry to the roundabout much safer, and in general there are many, many less hazards in the swept by traffic area.  As it turns out, motorists do not rear end bicycle riders that are plainly contained within a traffic lane, they go round them.  More likely to drive close to you, sideswipe you or rear end you if you keep half mixing with parked cars.

Unless you can identify the vehicle that the hubcap came off, you will not even have anyone you can sue for property compensation.


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