Sydney Cyclist

Cycling in Sydney Australia

Request for Advice: what to do if you get hit by a car?

A colleague of mine was recently knocked off his bike in a SMIDSY incident where the bike had right of way. The police were called and the victim went off in an ambulance, so it was fairly serious, but nothing was broken and he is on the mend now.

I was wondering if a resource exists to explain what a cyclist should do after such an event? How should one follow up with the police to make sure they actually do something? What is the best way to get compensated for bike damage? Injuries? Are there any recommended ways to use incidents as a way of putting pressure on the powers that be to improve cycling infrastructure? Is anyone collecting statistics on cycling incidents?

Thanks, I appreciate the collective expertise available on this site.

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MASSBUG has this brief guide for dealing with the police: http://www.massbug.org.au/twiki/pub/MASSBUG/NSWRoadRules/Bike_Tipsr...

In terms of compensation, I hope your friend has a better time than I did a year ago now. A driver took me out, completely in the wrong, police not interested as I wasn't particularly injured, but I needed to replace my fork which ended up costing me $100. Despite the person assuring me at the scene they would pay for the damage their phone number was disconnected and they had moved house from the address they gave within a week. I am going to need to sue them to get them to pay, but for a whole bunch of reasons I haven't yet, and may never to be honest. It would have been easier if I was insured as I would have made the claim to my insurance company and then they would have gone after the driver's insurance, but as I was not the court is the only way forward. Hopefully your friend is insured.

The fact that he has suffered injuries works in his favour in terms of the police being obliged to pay attention to the matter, in my case I was told that it was a minor incident and they wouldn't have anything to do with it, if that is any consolation to him. Other than that, follow the MASSBUG sheet.

I think some people have found this thread on BNA useful.

You might find this group information of some use.

From the archive of JohnH's wisdom (which was regrettably deleted from SC):
 
When reporting an incident, say you are prepared to make 
a statement, have the time, date & place of the incident & the 
registration number of the car.
 
Ask for an event number from the Computerised Operational Policing 
System (COPS) & if your request is denied ask to speak with the 
Supervising Sergeant or the Duty Officer.

If not satisfied with that avenue, then the Local Area Commander or 
Ombudsman is your next step.
 
If you take the time to attend a Police Station to report such an 
incident, it must have been serious enough to cause you fear. DON'T BE 
FOBBED OFF BY THE POLICE AT THE FRONT COUNTER - MAKE SURE SOMETHING IS 
DONE ABOUT YOUR COMPLAINT.
 
 
(From Martin Geliots discussion on May 2, 2012.)

Thx for the credit: it is John's original work of course.

 

I'd add to this calling an ambulance, even for the most minor of injury or the possibility of internal injury or concussion. That action is such a game changer from the PoV of Police. I think it is worth having NSW ambo insurance on this account alone, in fact I'd say forget about buying 3rd party insurance until you have ambo cover in place since it is so much more important.

I think there was also discussion of calling a tow truck if your bike couldn't be ridden away.

It is a vehicle after all, and if it can't be ridden from the scene then a tow truck should be called. This triggers the requirement for police to attend as one of the vehicles can't be ridden or driven away.

You wouldn't stuff a broken car in the back of a taxi...

Fortunately I could ride away this morning, but that's for another thread...

Permalink Reply by SteveBr on September 14, 2010 at 2:50pm

Kirby,

My advice for getting paid.

1) Make sure you have signed a statement with the Police and have an incident number. Ask the police what action they intend to take. If they caution or book the driver, your case will be easier.

2) Make sure you visit the doctor and get everything checked out. You only want to claim once.

3) List all your damaged items (bike, clothing, gloves etc.) and remember that helmets are a single use item.

4) Take photos of damaged items and get prices from your local bike shop.

5) Send a "letter of Demand" detailing the damaged items and replacement/repair costs. (I recommend a solicitor - especially if you have an expensive bike - but there are plenty of examples on the web.

6) Get ready for an agonising time with the insurance company

Coincidentally, this was taken from a discussion about an accident Kirby had on West St in 2010. See current West St discussion.

Thanks everyone, exactly what I was after. 

By the way I actually got paid. I wasn't expecting it but there are some honourable if blind drivers out there.

If it's not too late, I came across this document template that might save you a lot of work.  I think that someone on SC prepared it originally.  It seems to be all of the paper war to defeat the police at their own game!

Here's how Gen Y with their love of mobile devices apps out this question

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