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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OK the update is i filled out what i thought was the right form on the maa website but when but when i took it to the sydney 1 Oxford street branch they said i should have taken it to the George street branch. I took it to oxford street because that was th easiest to get to with crutches and on public transport. What a pain. They also said on the website that the oxford street branch was where you lodge forms. Crap info...ah well will go to the george st location hopefully tomorrow since i am a bit more mobile this week.

Oh i just realised that i think i know why the lady at oxford st was saying that the form i had was not a form...well i think she was incorrect in saying that. I think she meant it is not the right form. Anyway after reading it all again i see that it is a form to hand into the insurer if you have one. All this tech legal crap i have no idea about...gee.

My bike has been picked up by the guy i bought it from and he is going to let me know how much it will cost to be fixed so thats good. Hope it is just a matter of repositioning the back wheel where it should be. Could be a motor issue too but i didn't wanna test that just in case.

Haven't had any luck getting help with me managing everyday life but the battle continues.

My mobility is a little better and i made some exercises for me to do both with the pilates machine i have etc. I hope to be back in a bike asap :0) I also walk a lot with crutches or a rollator(walker) that i am borrowing :0)

So if anyone has broken their knee how long did it take to get back on a bike?

Sorry to hear that you`ve had issues with them. It`s a pain to be given the run around while using the crutches.

As you have seen my pics of broken patella on my blog. It`s a bugger to wait till 3 1/2 months before I got back on bike. But about 4 months before I get back on road.

As you`ve got electric bike and you don`t pedal a lot but if you need to pedal,try not to force to hard pedalling as it will hurt it as I`ve experienced it. It hurts me every day but I need to ride better than walking as it hurts me a lot. I did the HTFU on my old MTB before I get a new hybrid in May`11 that gave me painfree rides without medications.

I know how you feel as I`ve experienced it 4 years ago that I was impatience to get back on bike to enjoy my freedom on wheels. It`s a bugger to wait long.

Wish you well on mending the patella. Don`t despair.

Oh thanks :0) nice to know there is someone that understands this stuff :0) Gee it took that long...damn the way they made it sound in the hospital it was quicker. Ok well since they are not good at informing me that much about anything i would rather believe you he he. The amount of hours in that place....ugggggg. And misinformation.

I normally do pedal at the same time for the exercise as i have CFS and i need to get exercise. It works great to do both...but the muscle get pooped after a few circles round of the pedals so i stop a few seconds of peddling and then start up again. the spaces in between the pedalling were getting less and less.

I am thinking of getting one of those big boy escooters in between time and now that you say it takes longer than i thought i think it will be a good idea to get one now. There is a shop called extreme toys and they sell only adult escooters. Expensive but good quality ones...at least i can stand up and go places. I know i need exercise but i can't get far or do much the way things are.

Thanks for the feedback and advice :0)

Well i am back on my back after 4 months. I did get around on an escooter for a while as i was in a brace for 2.5 months and it will take a long time before i get my leg back to normal. I mostly use my right leg as that was not broken and has most of its muscle structure back.

The case fell through but not sure why. I was having such a hard time when NRMA said they refused liability i just saud Uh huh. I really don't have the energy or legal know how to go further. I would advice anyone though if you can identify a vehicle that did drop a hub cap or have witnesses to pursue a case as it seems that is winable!

http://youtu.be/lOcdi5HVUow

Sorry to hear that your healing took so long. Injuries are not cool.  Good to hear you got by on an escooter.

I am not sorry to hear that you case fell through.  Frivolous lawsuits blaming others unnecessarily have damaged and hampered our community, our local council and many organisations from large to small.

The majority of the blame for your accident lies with yourself.  If you cannot recognise that then you are the problem and not the solution.  I'm all for a supportive social welfare/health system for those who get into difficulties.  I am not supportive of a "blame somebody else" system.

I don't know the details of you second case.  Maybe it is justified, maybe it's not.  However I am starting to see a trend here.

I'd keep on pursuing it through the Nominal Defendant. Ring the number at the bottom. Get in before the
6 month deadline.

From an earlier thread:

Nominal Defendant

The Nominal Defendant receives claims where the vehicle at fault cannot be identified or is unregistered and the accident happened in NSW.
If you do not know the registration number of the vehicle at fault, find this out by asking the police, talking to witnesses or by putting an advertisement in the newspapers asking witnesses to contact you.
If you have tried everything and still cannot find out the registration number of the vehicle at fault, the vehicle is 'unidentified' and a claim should be made against the Nominal Defendant.
To make a claim against the Nominal Defendant complete a Personal Injury Claim Form or Compensation to Relatives Claim Form and send it to:
The Nominal Defendant
Level 25, 580 George Street
Sydney NSW 2000
The claim form must be sent as soon as possible, but no later than six months from the date of the accident.
The MAA randomly allocates your claim to one of the insurers. You will be advised who that insurer is. Once the claim is allocated to an insurer, it is managed in the same way as a normal claim.
For more information about the Nominal Defendant contact the Claims Advisory Service on 1300 656 919.

http://www.maa.nsw.gov.au/default.aspx?MenuID=111

Oh yes thats exactly what i did...theres a lot of mucking around and mis information about it too. They nominated NRMA and they denied it...whatever the term is...anyway please go for it people if you have an accident because you learn a lot and the thing is there for you to use. I am just over it and got two cases to pursue right now with Housing NSW as there was another accident. Plus i am taking them to the tribunal for lack of maintence(more than what caused accident number 2), Very complicated :0)

Wow whoever that was that replied and then deleted the post you have no idea what your talking about. Don't say your sorry for the injuries and then backhand me with saying i made a frivolous claim. If you don't know me then you don't. So don't presume anything. I have been in heaps of car accidents that friends where to blame and i did not claim anything. This is the only time i have ever dealt with this sort of thing and if you really read this whole thread or knew me you would know i was very dubious. The majority of the people i spoke to away from the forum were in favour of me doing it and i was suffering so hard with no help with shopping, hospital physio etc. Still doing physio and will not be right for quite some time yet. Still not sleeping well. Whatever i ask for no sympathy. Anyway there is a lot more to this case than i have been able to write about and the injuries as well. I found it hard to type and still do. So even though i don't need people to be all 'nicey' i also don't appreciate backhanders either. I didnt ask for your opinion about me. I was asking about the accident and well the subject title says it all. It all evolved out of a friend having been through something similar and her not giving me complete info so i thought a bike forum was the way to go. She still suffers very badly many years later and probably will never get back on a bike like me. I do not even know to what level i will or won't recover. So lets keep to the issue thanks...i don't need anything more

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