Motorcycle: I Got Rear-Ended Collision at The Red Traffic Light

ratoloko on 30/01/2020 - 10:05

Morning guys,

On 20th Dec around 1730-1745, I was at the red traffic light when the last thing I remember was tire squeak trying desperately to stop and I was flying in the following second.
He was way above the 50km/h speed limit and visible under alcohol influence. I got all of his details and he desperate left before the cops arrived.
On an attempt to avoid hitting me, he also did hit an Australia Post Office van.

Long story short, only my hand palm skin went off so not a big deal but got something around $2k in damages.
I managed to get some things done and have the bike back as I was spending a h3ll of a money with public transport.

The guy since the beginning was a d1ck, lies and more lies, and I don't doubt he told a totally different history to his insurance.
I contacted Allianz today so let's hope they will call me back but I doubt they will do something.
I have AAMI third party insurance so they won't do anything.

I guy said I can contact some kind of "CTP No Win no Fee" lawyer if you are not at fault. It is a 99% chance of winning.
I don't mind if it takes years, I won't let him go away with this.

What do you suggest? Or have you had similar situation, how did you solved it?

Thanks a lot guys.

Automotive

Comments

  • Ryanek on 30/01/2020 - 10:10
    +16

    I have AAMI third party insurance

    End of thread.

    • Bad Company on 30/01/2020 - 10:45

      Yeah that's why I always have comprehensive even if my vehicle itself may be cheap. I guess people with comprehensive don't start threads like this.

      Guess OP's on his own………

      • ratoloko on 30/01/2020 - 11:02

        I've learned it in the hard way. I always had comprehensive and after 3y riding/driving here in Australia with no incidents, I changed it to save some money as my bike is $1k the comprehensive but I totally forgot you can still have comprehensive and pay monthly if you cannot afford the full payment.

        • Bad Company on 30/01/2020 - 11:05
          +2

          Yeah Murphy's Law. I'm so sorry this happens to you. Hope they get the drink driver big time. He could have killed!

          • ratoloko on 30/01/2020 - 11:07
            +2

            @Bad Company: Yep, "Murphy's Law"
            About the driver: what goes around comes around :)

        • Hoobz on 31/01/2020 - 10:47

          Insurance is a numbers game

          3 yrs is nowhere near enough of a time frame to establish you'll never need full comp.

          All risk in life is a numbers game.

          Learn from this, your card could be about to be called on something far more valuable.

      • Butt Scratcher on 31/01/2020 - 22:18
        +4

        I mean his bike is probably worth around 3-5k, it might not be worth getting comprehensive.

        I think OP made the right decision just getting third party for this. AAMI covers you for up to 5k in damages if the other party is uninsured, which is fine if your bike is <5k.

        I have a motorbike myself, and comprehensive was just insanely expensive. We're talking about paying around half the cost of my motorbike per year to insure it comprehensively as opposed to 1/25 of the cost with third party. Not worth it especially when it's not my primary method of transportation.

        I guy said I can contact some kind of "CTP No Win no Fee" lawyer if you are not at fault. It is a 99% chance of winning.

        I don't understand this CTP part though, OP said only the palm of his skin went off. So what, OP wants to go to a lawyer to make a CTP claim over the cost of a band aid?

        Yeah, nahhhhh

    • outlander on 30/01/2020 - 13:39
      +8

      Err, what?

    • stickyfingers on 01/02/2020 - 06:15
      +4

      End of thread.

      No. Not at all.

      OP should be applauded for being above most scum drivers who don't bother to get any insurance above the CTP included in their rego costs.

      Third-party means that OP is covered for the damage he does to others, which means they aren't chasing OP through the legal system for their expenses if OP is at fault in an accident.

      Speaking as an under 25 motorcycle rider who only has third party fire & theft it was completely uneconomical for me to get anything more. Most quotes were $1.5k+ per year (some $2.5k) for comprehensive on a bike that I purchased new for $7.2k (a standard 500cc naked (not sport) motorcycle with ABS).
      I have never had an accident, never made a claim, and had my car license since the very first day I could yet my premiums were through the roof for comprehensive. It just didn't make sense to get anything more than third party, at least if I damage somebody else's property neither of us has to suffer.

      So I can't blame OP and neither should you.

      OP, I hope karma gets this guy where it hurts. Prick.

  • pegaxs on 30/01/2020 - 10:27

    He was way above the 50km/h speed limit

    How did you test this? How can you prove it?

    visible under alcohol influence.

    How did you test this? Did you let the police know this when they arrived?

    I'm not saying that he wasn't speeding or drunk, but unless you have proof of that, it's irrelevant.

    Please tell me you at least got witness details?

    The guy since the beginning was a (fropanity)

    Lawyer up.

    I contacted Allianz today so let's hope they will call me back

    Wait to see what they say.

    CTP No Win no Fee

    This wont cover your bike, nor will it cover the abrasion to your hand. CTP is for personal damage, not property damage.

    It is a 99% chance of winning.

    And the "no win/no fee" lawyer will take about 99% of your settlement.

    • Peck on 31/01/2020 - 08:36

      IMHO people don't realize that with a "no win/no fee" lawyer, they won't take on a case unless it is worthwhile TO THEM! IE Easily winnable for substantial payout. And then, as stated, fees will be high.

  • Typical16-bitEnjoyer on 30/01/2020 - 10:34
    +3

    visible under alcohol influence. I got all of his details and he desperate left before the cops arrived.

    And? Did you tell the cops? What became of that?

    Allianz

    Has Allianz confirmed he's covered? If not, you can claim with YOUR insurer under clause 10 of the PDS.
    https://www.aami.com.au/aami/documents/personal/motorcycle/c…

    • ratoloko on 30/01/2020 - 10:43

      And? Did you tell the cops? What became of that?

      I have never seen cops acting like "well, this is not our business"
      The guys was gone so good luck on that.

      Has Allianz confirmed he's covered? If not, you can claim with YOUR insurer under clause 10 of the PDS.

      He sent a screenshot with the claim number and so. I hope it is true so I will present this to them.
      About the clause 10, I have third party insurance so when I called them, there is nothing they can do. That is why you have comprehensive insurance for :(

      • Typical16-bitEnjoyer on 30/01/2020 - 12:28
        +2

        Call Allianz again and find out.

        Nobody is going to hold your hand here. You need to do the gruntwork if you want to get paid.

        if he's not covered,
        call AAMI again, ask for a supervisor, start reading clause 10 word for word until they ask you to stop and offer to resolve the matter.

        if he's covered,
        then collate all the receipts for repairs (you kept everything right?) send copies via registered post to the other driver, and to Allianz, with a standard letter of demand template and a copy of the police report.

  • jimbobaus on 30/01/2020 - 10:38
    +15

    Um… how can we help you when you have no MS Paint diagram?

  • holdenmg on 30/01/2020 - 10:50
    +3

    Bikies…

      • jimbobaus on 30/01/2020 - 11:30
        +29

        I think you may have missed the joke here……..

        • jimdotpud on 30/01/2020 - 11:52
          +8

          way over his helmet..

          mate when all else fails you need to call in the bikies…

      • holdenmg on 30/01/2020 - 13:19
        +2

        Yeah, no…

        I mean Bikies in the Mick Gatto let’s fix this sense…

  • JimmyF on 30/01/2020 - 11:00
    -2

    I have AAMI third party insurance so they won't do anything.

    Oh…..

    how did you solved it?

    I have full comp for this reason, so let them handle it.

    • ratoloko on 30/01/2020 - 11:03

      Yep, I learned it in the hard way!

  • k-rokfm on 30/01/2020 - 11:09
    +5

    Read your PDS (AAMI third party insurance)

    When your motorcycle is damaged in a collision
    with another vehicle driven by an uninsured driver,
    we cover damage to your motorcycle but only if:
    • we agree you are not at fault; and
    • you give us the name and address of the
    uninsured driver; and
    • you give us the registration details of the other
    vehicle;

    Ring your insurance again (limited to $5000)

    I got all of his details

    Just to clarify are you insured by AAMI or Allianz. Comprehensive third party does nothing. Which one is your insurance for your motorcycle

    • ratoloko on 30/01/2020 - 11:30

      I have the third one, AAMI won't do anything. I know that already :(
      Allianz is his insurance so I am hoping to receive their call back.

      • k-rokfm on 30/01/2020 - 11:33
        +1

        did the police fill out a report?

        • ratoloko on 30/01/2020 - 11:53
          -1

          They did but since I didn't die, they couldn't do anything.
          A guy in front of a pub where the accident took place managed to call the cops for me as I couldn't.

          If the drivers share the details and no-one is missing arm or leg, that is it. Insurance matter time, cops won't do a thing.

          I am more angry at me for not being able to move aside faster enough than having to do everything by myself for not having the comprehensive one.

          • k-rokfm on 30/01/2020 - 12:28
            +4

            @ratoloko: Yes, cops may not “do a thing” but then you have an official record of what has happened. This can be used in evidence for the insurance claim or court

    • k-rokfm on 30/01/2020 - 11:32
      +1

      compulsory third party*

  • AdosHouse on 30/01/2020 - 11:10
    +1

    You say the drivers was way above the 50km/h limit, but that you only got some damage on your palm. My brother was stationary and got hit by a guy at about 60km/h and was told he was lucky to be alive. Ended about 15m from where he was hit, and bike was completely totaled, rear wheel was nearly up near the front one.

    • ratoloko on 30/01/2020 - 11:29
      +1

      I have a Honda NC700. It is a pretty "tall" bike.

      It has a side-carrier support made from metal which covers the entire back from the left to the right side and around the rear wheel/plate.

      My luck is that he tried to avoid hitting me in full so his SUV hit this support, saving my left arm, left leg.
      I was in a completely stay still position, the impact made the bike move ahead while I was still on top of it looking at the sky before we both collapsed.

      His SUV got f**3d big time, so did the poor Australia Post Office van driver.

      That is the only reason I got a little nothing with me. If the impact was in full, adios!

      • AdosHouse on 30/01/2020 - 17:03
        +1

        Just googled what a NC700 is, you're right, it is pretty tall.

        I can't remember what my brothers bike was, some Japanese 1200c roadster, it was 15 years ago.

        My brother was hit straight on at the back, old guy didn't even brake before hitting him. Even though he was thrown a fair distance, the emergency services think the only reason he survived was he cleanly separated from the bike, straight over the cars bonnet and backwards, and also because he had a lot of very good and expensive gear on.

  • D C on 30/01/2020 - 11:53
    +4

    only my hand palm skin went off so not a big deal

    Buy some gloves.

    • prinsenhof on 01/02/2020 - 09:22

      typical Australian driver. Guy nearly gets dismembered and the response, buy some gloves.

      Probably posted on ozbargain while driving

      • D C on 01/02/2020 - 14:48
        +1

        typical Australian driver.

        Motorbike rider for 30 years. Never had a car or drivers licence.

        Go stick your assumptions where the sun doesn't shine. And your head as well.

        Get some damn gloves, the typical Australian driver (of course you are above average) is always trying to kill you, you need all the help you can get.

  • jimdotpud on 30/01/2020 - 11:57
    +2

    Did the cops actually attend the accident?
    Leaving the scene of an accident is a crime and they can be charged.

    • pegaxs on 30/01/2020 - 14:03
      +1

      Driver left details with OP. This is all they are required to do. Once they have exchanged details, that’s all that is required and they can be on their way.

      • Strikes on 31/01/2020 - 11:38

        there should be an agreement who is at fault, right? otherwise they leave the scene and inform their insurance - saying 'other driver is at fault'. how to solve these kind of situations? only police or court?

        • pegaxs on 31/01/2020 - 11:58
          +1

          there should be an agreement who is at fault, right?

          Nope. You just exchange details and be on your way. Once you have exchanged details, you are free to leave if your car is still able to be driven. And in an accident, there is no way on God's green Earth that I would be admitting or making an agreement on who was at fault, but I would happily listen and note down or record the other person if they were admitting being at fault.

          Police only need to be called if there is an injury, the road is blocked/dangerous situation (fuel/oil spill), people are trapped or there is a reasonable expectation that the situation could escalate or the other driver is impaired (drugs/alcohol).

          The only time it is a crime to leave the scene of an accident is if you refuse to exchange details or you cause the damage and just drive off.

          OP states that they have the other drivers details, so that is all the other driver needs to do. But OP did the right thing in calling the police because he believed the other driver may have been intoxicated, but it is not up to OP to withhold that driver once the details have been exchanged. What is up to OP is to gather as much evidence as possible and to get the details of the other vehicle and any other witness details that may help their case later.

          So, in OP's case, the other driver left their details, therefore they have not committed a crime as @jimdotpud is suggesting.

          how to solve these kind of situations? only police or court?

          That's why we pay insurance and let the lawyers sort it out.

          • ozbjunkie on 31/01/2020 - 12:19
            +1

            @pegaxs: I thought (from calling the nsw police last time I had an accident) that police attending was warranted when anyone was injured.

            • pegaxs on 31/01/2020 - 12:42

              @ozbjunkie:

              Police only need to be called if there is an injury

              • ozbjunkie on 31/01/2020 - 12:43

                @pegaxs: Matey scraped his palms didn't he?

                • pegaxs on 31/01/2020 - 12:45

                  @ozbjunkie:

                  But OP did the right thing in calling the police because he believed the other driver may have been intoxicated

                  OP already called the police. I just don't have a sliding scale of how serious an injury has to be before police are involved. A cut on a finger? Or something requiring an ambulance.

                  • ozbjunkie on 31/01/2020 - 12:53
                    +1

                    @pegaxs: Right, my reading skills have failed me and I now have no idea why I was replying to you saying something you already said.

                    Forgive me. I blame low blood sugar. Lunchtime.

                    • pegaxs on 31/01/2020 - 13:04
                      +1

                      @ozbjunkie: No, that's fine. I tend to over explain things, so it can get lost in the excess noise.

                      I am 100% with OP on this that calling the police was the right thing to do. Belligerent, intoxicated driver coupled with being knocked off a motorcycle. Adrenaline would be flowing and there could be other injuries OP didn't know about.

                      When I was knocked off my motorcycle, I had a broken shoulder. But I somehow managed to pick the broken bike up and get myself safe before any pain kicked in and realised my arm wasn't working like it should…

                      But absolutely, car vs motorcycle, injury would be cause for concern, and triggering an ambulance would invariably invoke a police presence.

      • Nillionaire on 31/01/2020 - 20:03

        Even if he injured the guy seriously, he doesn't need to stay for the cops?

        • pegaxs on 31/01/2020 - 20:13

          If it was a serious injury (think really bad), possibly they could not exchange details, thus leaving the scene would be the criminal offence there.

          Something serious but not life threatening, such as a broken arm, they may be able to exhange details, but the police would still chase the other driver up over it, because any time someone has an injury that requires medical intervention, the other driver, if they were in the wrong, would/could be charged with a grievous bodily harm offence.

          A slight abrasion to the hand, easy enough to exchange details. It's then up to OP to inform the police of the extent of their injuries and the police will decide if they will chase the other driver over it.

          In saying all that, once the police are called, it's a good idea not to leave, but so long as you have done what the law requires, there is nothing to stop you from leaving. The other driver will have your details that they will happily hand to police if the police think you need to be questioned.

  • Belgarath on 30/01/2020 - 12:09
    +7

    Cant you use the Aus Post Driver as a witness? Especially being his van got smashed as well.

  • Gronk on 30/01/2020 - 12:10

    I got all of his details and he desperate left before the cops arrived.

    I literally shook my head as I read that, if you truly felt he was under the influence what on earth were you thinking not at least trying to make sure the police had a chance to speak to him whilst he was in that state? Especially considering he'd just rear ended you.

    It's all well and good to say that you're not going to let them get away with this but isn't that just a case of 20/20 vision in hindsight? Because you've essentially got no proof that the guy was under the influence and without comp insurance your only real option is to pursue it as a(n expensive) civil matter.

  • toniyellow on 30/01/2020 - 12:28
    +1

    Pursue them yourself https://mva.financialrights.org.au/dtop/im-not-insured/

    I don't think you will find a no win no fee lawyer for this situation, though there is no harm in ringing a bunch of lawyers and asking.

  • Mechz on 30/01/2020 - 12:39
    +1

    So the cops didn't go to his house immediately following the incident when you reported to them he appeared drunk and fled the scene?

    • Typical16-bitEnjoyer on 30/01/2020 - 14:14

      Yeah, I don't know what OP was thinking. I would have been making a huge fuss to keep that other driver there, or if they left, to the cops saying the other driver left the scene of an accident and presumed OTL.

    • ratoloko on 30/01/2020 - 14:47

      How so? The cops were already in the mood "this is not our business, you aren't missing a leg"
      I finally got contact with his insurance, now it is me against them.

    • gth on 31/01/2020 - 12:04

      Needs to be tested at the scene, not somewhere else. Next time take his keys.

      • pegaxs on 31/01/2020 - 12:11
        +4

        Needs to be tested at the scene, not somewhere else

        No it doesn't. You don't magically get a pass if you can reach your front door. The police can still turn up and require you to do a breath test if it was suspected/proven that you were driving the car shortly before they test you.

        Next time take his keys.

        Yeah, why not. Take and withhold someone's property. Good idea. There are no laws against that. And that would calm most people down.

        I knew a few people that if you tried to do that to them, you would wake up 4 hours later, wondering how you got into hospital, why your head hurt so bad and where all your teeth had gone.

  • orangetrain on 30/01/2020 - 13:40
    +1

    Heard someone had to hire an accident lawyer to pursue the other driver and the subsequent insurance company. I'm not sure if that's more cost effective than not having comprehensive. But if you do find out, please let us know.

    I have comprehensive.

  • [Deactivated] on 30/01/2020 - 14:18
    +3

    It's your word against his since nothing this happened two months ago without any hard evidence of speed, alcohol or dashcam footage.

    Don't send good money after bad. Just learn from this - get comprehensive insurance, get dash/helmet cam.

    • ratoloko on 30/01/2020 - 14:45

      I do have a GoPro but guess what, this day It ran out of battery!
      I bought a sh1t ton of batteries and change it everyday now.

      • [Deactivated] on 30/01/2020 - 15:05
        +2

        A dashcam that doesn't record when you need it as good as not having a dashcam.

        I probably sound like an advertisement but…

        … that's why when it comes to my security, I put my trust in Blackvue.

        • ratoloko on 30/01/2020 - 17:02

          You are right tho. Now I have a pack of batteries and change them everyday.

  • ratoloko on 30/01/2020 - 14:43
    +2

    Allianz contacted me and as expected the f***3r lied about it.

    He said I was doing lane filtering rather than stopped at the traffic light.

    I had to provide evidences and blablabla

    To make things worse, I do have a GoPro on top of my helmet as dash cam but this day guess what? No battery.

    Now the status is that we both are at fault since he reported it as I was doing lane filtering. So I would have to fix my own bike.
    Now it is a cat and mouse fight!

    Thank you for all the comments. I will leave this open to share what happened at the end.

    Take care and make sure your bl00dy dash cam has enough battery!

    • randombrick on 30/01/2020 - 14:49
      +4

      That sucks. Did you get the AusPost driver's details? He could provide evidence, couldn't he?

      • ratoloko on 30/01/2020 - 14:52
        +4

        I will spend the following days hunting everyone down to collect as much evidence as I can.
        This guy won't get away with this. Not in this life!

    • HighAndDry on 30/01/2020 - 15:22
      +1

      It's impossible for you to be hit from behind if you were doing lane filtering right? Photos of the damage to your bike should show that you were hit from behind.

      • ratoloko on 30/01/2020 - 16:48

        How so?
        Doing lane filtering in the wrong way you will get hit in the middle of the bike unless you are one of those scooters that jump in front of the cars and slam the brakes.
        Even so, the car will have very little or no damages while the bike gets busted.
        My side-carrier support is wide open while the guys bumper got very damaged. As I said before, I flew, so try to imagine you flying from a stationary position.

        I wish I was doing lane filtering, I wouldn't have had this stupid accident.

        I sent to them the photos I took.

    • apptrack on 31/01/2020 - 23:59

      Would the pub or nearby shops have cctv pointing at the road? Also check if intersection has CCTV.

    • Butt Scratcher on 01/02/2020 - 00:04
      +1

      Did you get the contact details of the Auspost driver?

      If his recount of the events corroborates with yours, particular the detail about him being intoxicated it should look very favorably to you.

      More details of the events would help too. Preferably one accompanied with a shitty drawing with MS paint

  • Heaps for Cheaps on 30/01/2020 - 16:26
    +1

    I think your best bet is to speak to a no-win, no-pay firm like Shine Lawyers or any number of similar firms. You have nothing to lose by getting their expert legal opinion. Even if such firms can't help, they will steer you in the right direction and give you sensible & reasonable advice that is based on realistic outcomes & save you time/money by not chasing down dead-end paths. Glad you are otherwise OK though.

    note: Here is some relevant info just to get your side in order as much as possible, there are two detailed sections that are relevant: https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis…

    • ratoloko on 30/01/2020 - 16:50
      +2

      Thank for that. Let's see what Allianz says after the report I sent to them.
      If they keep the fault-fault position I will speak with one of those "no-win, no-pay firm"
      Thank you

  • HeWhoKnows on 31/01/2020 - 08:00

    Firstly No lawyer will get invloved on a no win no fee system
    Their fees will be too high
    They only get involved in simple cases and where potential claim is at least $5,000 landing you with about $2,500 in the pocket.

    Secondly did OP take photos?
    Does OP have the drivers details?
    What about the statement and photos from the Post van driver?

    This is a civil claims matter
    You lodge a claim againts the driver and fight it out in court.
    Provide any evidence you have
    Its very hard to get out of rear ending someone so sure to win

  • spurf on 31/01/2020 - 08:19
    +1

    Don't wait for Allianz, I can guarantee they will not pay your damages as they have zero obligation to do so as this is a civil matter. File a statement of claim with your local court against the driver and get it served by the sheriff. If your case is solid the insurer will get back to you quickly and offer you a settlement. Hold firm and ask for the full amount of your repairs as they will be keen to avoid legal costs of taking this to court as they will have to fork out for a lawyer while you can represent yourself.

    I did this a while back when I was only covered with third party. Got comprehensive after!

  • WT on 31/01/2020 - 08:26

    dont fk around, bike = comp insurance, private health insurance and life insurance.

  • snooksy on 31/01/2020 - 08:39
    +3

    When deciding to take out third party insurance you are kind of making a decision that your vehicle/bike isn’t worth repairing if it’s damaged in an accident. With third party you are covered for the other persons vehicle if you hit them. You need to send a letter of demand with the itemised costs explaining that legal fees will be added on if the other person doesn’t make payment arrangements. Then if he doesn’t pay up then you have two choices - file a claim yourself with the small claims court or have a lawyer do it on your behalf. I suggest since it’s only about $2000 then file the claim with the court yourself and send him notification of the claim with any acceptable fees added to it. You will have to pay for a person to deliver the court documents to him. I assume you have his address and telephone details. See if you can find out where he works as well? The collection fees will just keep adding up for him. If he sees the court filing he might offer to pay up. You might have to compromise a bit. The court likes to see some compromise from both parties to reach an agreement. If he doesn’t offer to pay or you can’t reach and agreement then you can proceed to have a tribunal mediation session. If he doesn’t turn up you will automatically win a summary judgement and he will owe you the money. Then if he doesn’t pay you pay for a sherif to pay him a visit to get your money back or make him attend a hearing to organise a payment plan with the tribunal. Essentially you would be taking on the role of a debt collector trying to recover your money. The insurance companies do this to people who owe them money every day and they do t really budge to accept compromise payments. It’s up you whether you want to do this to recover your money. However if you pay a lawyer to do this but I suspect you will be out of pocket for probably another $2k. Doing this yourself will take a while but you will learn a lot and I think it’s likely at some point he will pay up. If he’s insured though and hasn’t reported the accident then technically his insurance is null and void and if he doesn’t respond to your claim then you can also file a claim with his insurance company which might void his insurance as well.

  • snooksy on 31/01/2020 - 08:42

    One more thing, get some written evidence from other to back up your claim. Have them sign statutory declarations stating it’s the facts of what happened.

  • snooksy on 31/01/2020 - 08:44

    Did the police attend the scene? The would have details as well. Did the Aus Post driver see what happened. Try and have a chat with him about giving you his details of what happened as evidence.

  • OzHunterNSW on 31/01/2020 - 10:47

    Any solicitor will do a compo… it is a simple case.
    You should now start to complain to your doctor about wrist issues… painful to move, bend, etc.
    it affects your everyday living and there is some sort of nerve electric pain…bla bla.

    Do it

  • Hoobz on 31/01/2020 - 10:48
    +1

    Insurance is a numbers game

    3 yrs is nowhere near enough of a time frame to establish you'll never need full comp.

    All risk in life is a numbers game.

    Learn from this, your card could be about to be called on something far more valuable.

    For example, when on your sickle stopped at an intersection, pay good attention to vehicles approaching from behind. After a vehicle (car, truck, bus, preferably a fully loaded concrete truck) has stopped behind you, acting as a shield, then you can focus elsewhere.

    Above is a good example of life's numbers games.

    • ratoloko on 31/01/2020 - 15:30
      +1

      Believe me, I always ride in alert. I've avoided so many close call by doing so.
      With this accident I learned that my "in alert" while in traffic like wasn't good enough.

      • Hoobz on 01/02/2020 - 08:09

        I believe you.
        Just stay safe out there fellow motorcyclist.
        You're not permanently hurt, bikes come and go.

  • R081N on 31/01/2020 - 16:09
    +1

    Would it have made a difference if OP had said, "I'm injured, call an ambulance please"? In this way the other driver can't leave right? And then police would have to come & they'd be able to test the driver for alcohol. Plus, they'd make a written report of what had occurred. This could have solved some issues right?

    • ratoloko on 31/01/2020 - 17:00

      It would but that adds the ambulance costs, they would have called a winch company, and so on.
      The ambulance itself would cost me no less than $500.
      At the end I would have to chase him for the material damages and medical costs. More headaches and so on.

      Not worth unless money isn't your problem.

      • gesco on 31/01/2020 - 18:23
        +1

        So you don't have ambulance cover either? Add that to the list.

        • Jugganautx on 01/02/2020 - 02:52

          I doubt even 20% of drivers have ambulance cover….

        • Hoobz on 01/02/2020 - 08:12

          Don't NSW rego fees cover the ambo?

          They do in VIc. It's built into the TAC component.

  • Goldenra1n on 31/01/2020 - 18:11

    It’s happened to me on a scooter. Was in traffic heard a screech and then I was floating in the air and thinking oh sht. Didn’t hurt myself too bad but didn’t claim insurance and only asked for $80 for new tail light. Later on the exhaust cracked and cost way maker to fix so use insurance when you can.

  • hongas on 31/01/2020 - 19:33

    I have been commuting with motorbike for last 5 year or so. I've been riding +17 years.

    many many close calls but with BRIGHT FLURO ORANGE jacket much better in visually. Driver notice me better on the road.

    I always tap the brake (hand or foot brake) if I am the first one at the light or at least I try to position myself close to the median line

    Anyway. good luck. IMHO if you cannot afford to get full comprehensive insurance you should not ride the motorcycle.

    good luck

  • Nillionaire on 31/01/2020 - 20:06

    Report him for attempted manslaughter and fleeing the scene.

    • pegaxs on 01/02/2020 - 00:28

      He didn’t “flee the scene”. The other driver gave their details to OP. They did what they were legally obligated to do and then left.

  • bmerigan on 31/01/2020 - 23:40

    You don't need a lawyer. Just claim with your insurer and they will send a letter demanding payment to him.
    The letter will be similar to: You owe us $2500, due in 2 weeks. Failure to pay will be referred to our lawyers.
    Then he can choose to pass that letter to his insurer or not.

    Source: received a letter like that once.

  • blob2004 on 01/02/2020 - 02:05

    1.. Prepare a letter of demand addressed to the driver directly noting the whole story (short and straight to the point)
    - what happened
    - what you were doing before collision (eg. stopped at red light)
    - what the driver did (eg. collided into you, don't accuse him of things like he was drunk)
    - what injuries you sustained
    - what damages your bike sustained
    - you have sufficient evidence that the driver is fully at fault (don't say what evidence you have)
    - give him 2 quotes
    - give him 7 days to pay by way of a bank cheque.
    - failure to do so you will commence legal proceedings to recover monies owed to you without further notice (including all court and legal fees).
    - send by express post with tracking and signature.

    2.. gather evidence
    - obtain dashcam footages from other vehicles or CCTV(if available)
    - try and obtain witness statements (eg from the Postie whos car the driver hit as well)

    3.. If he does not respond, commence legal proceedings at QCAT/VCAT/Whichever CAT your state has (or Court, i don't know which state you are in) and serve documents (check which Court/Tribunal can hear your sort of case)
    - if you have witnesses, try to obtain their statements by way of Affidavit.

    Note at 1.. After the driver receives this letter he/she will likely forward it to his Insurance and they will call you again and probably negotiate a settlement to avoid you commencing legal proceedings because it is a pain in the ass for everyone, especially for small sums like $3,000 (if that's what you paid to fix your bike)

    For a better written Letter of Demand, you can get solicitor to draft one and send for you.

    Good luck - i've had to do it once myself and it was a pain in the ass. With my case, they really pissed me off by ignoring me so I sent them the most expensive quote and their insurance gladly paid it without any further arguments. My car (a cheap japanese car) was fixed at a smash repairer specialising in Porsches and Audis. The quote from them was $4,000 more expensive than the other quotes i received for the same job. Back then I only had Third Party Property.

  • 00000000 on 01/02/2020 - 09:06
    -1

    Playing devil's advocate here but who is to say the Guy actually lied to the insurance company? and its not the insurance company lying themselves?.
    My GF at the time backed into a car in a shopping centre car park and despite admitting fault the insurance company said it was hard to prove and both are at fault so each was responsible for damages.

  • Hangryuman on 01/02/2020 - 09:58
    +1

    I've had my major motorbike accident where I woke up in hospital with three limbs in traction to find my hospital bed surrounded by friends in tears who thought I was dying.

    it was totally caused by a Holden station wagon (I've still got the mental image from 43 years ago) doing an illegal uturn over the blind crest of a hill in an 80kph zone. I was doing 80kph, not sure what speed I hit the middle of the side of the car – never saw my skid marks.

    the woman's story was apparently - I didn't know it was illegal - I've been doing that dropping off my husband at the bus stop for the last 18 months.

    Anyway - my single piece of advice for motorcyclists is - assume every other vehicle on the road is trying to kill you.

    In this case my too-late advice would have been - when stopped at a red light - don't assume idiot behind you has seen your smaller-than-car profile - watch your mirrors and if you see a car approaching too fast, be ready to take off like a rocket to minimise any impact - all the while monitoring gaps in the traffic in the green light traffic crossing in front of you. Oh - and while stopped at the red light, keep your foot on the brake pedal or whatever is required to light up your rear brake light to improve your visibility to vehicle approaching from behind. Especially if it’s at night !

    Checked - you said 'around 1730-1745' - which reminded me of a black spot intersection where the traffic lights were into the late afternoon sun - and the East-West road would be blinding shiny from reflected sun for cars driving West. So yeah if you're in late afternoon sun - triple the warning about not being seen.

    If you watch TV Highway Patrol you can guess a lotta accidents like this are caused by repeat offender losers with suspended licences driving unsafe unregistered unroadworthy vehicles that are not covered by insurance and will be drunk/on drugs at the time, and not learn their lesson until a) vehicle is impounded and b) they get time in jail.
    Probably not even then.

    So - see rule 1 - 'assume every other vehicle on the road is trying to kill you' - and stay alive by watching your mirrors and constantly formulating an avoidance plan for every other vehicle on the road.

  • solidussnake on 01/02/2020 - 11:52

    Wow thats bloody disgusting of the driver to call up and lie, We recently had a p-plater come into a dual lane round about and t-bone us from the rear left they called up and said we were to blame, had to send in a report and draw a map of direction and photos and because we were hit from behind they found us not at fault. Have you filled in a report with your insurer ? The guy who called the cops from the pub could he be a witness ? or cctv from the pub ? I wouldn't take this lying down mate ! If you have been hit from the back pretty hard the damage would be pretty obvious you were stopped.

  • andylch on 01/02/2020 - 14:33

    My friend on a scooter got rear-ended by a sedan. Luckily the car has AEB kicked in and my friend just had some cuts on her hands and legs.

    Ambulance came and sent her to hospital for check-up, and was discharged on the same day. She got the car driver's details and lodged a CTP case to his insurance company. After all the GP visits, investigator interview, numerous phone calls and emails, her case was approved and she got her medical bills fully covered for specialist, rehab, medicine and transportation costs.

    The car driver also gave her $100 for fixing the scooter rear wheel on the spot.

    /case

  • DASHCAM NOW DUDE on 01/02/2020 - 21:00

    Do you have Third Party Property?

    I was with AAMI and they provide up to $4500 cover if you can provide details of the other driver at fault.

    I don't know if that has changed. This was about 6 years ago.

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