Doored by Parked Car - What Options and Advice Please

infringement payer on 24/05/2021 - 14:14
Last edited 24/05/2021 - 20:47 by 1 other user

Hi everyone!

Yesterday I was riding on an Pedelec bike down on King Street, Melbourne in the left lane when I was doored by a parked car. This happened at 19:22.
Conditions were clear, with relatively busy traffic as always on King Street. I was travelling 23km/h and had my bike lights on.

As soon as it happened he started yelling and blaming me for the accident, however as it was his fault, I just called police to seek advice. Police advised me to exchange contact details, so I gave him my licence, which he took a photo of but then he refused to give me his details. I told the police that on the phone and he asked to speak to the driver. Once he spoke to the driver, the driver decided to give me his licence and I took a photo of it. We exchanged contact details (mobile number) and addresses.

His car was then towed as his door could no longer close, and I received some minor injuries, scrapes to my leg, a bit of bruising and some back pain (which I will see the doctor for tomorrow).The police did not attend.

Afterwards he left, and I pushed my bike home. I went back to the area afterwards and spoke to the security person of Bourke Place (big commercial building) to check the cameras and they can see how the accident happened, however to obtain footage I'd have to go to Vic Pol. I went to Vic Pol at Melbourne West station but they did not want to write a report or incident (I'm just going to email to have something on record).

At this stage, I only have his contact details and have tried to contact him on whatsapp after he messaged me if I had any photos of the accident, however he is not responding to requests for his insurance policy number/details.

Does anyone have any advice or tips on what I should do next, I've never been in an accident. I do not have motor vehicle insurance as I was on a bike, and my bike is now damaged, my phone screen is smashed and my correction glasses are broken.

I really appreciate all the help I can get. Thank you.

MS Paint diagram

Update:
The driver sent me the claim number, and he is with Bingle insurance. Not sure if I call them and quote the number or just wait for them to call me.
First thing tomorrow: I'll go to the doctor's get a check up, then go back to the police station and ask them to do a report for the insurance claim/security footage - just to save myself heartache in the future should this turn around and bite me in the butt. I'll then look at a letter of demand in the meantime if the insurance company doesn't call me.

Automotive

Comments

  • GG57 on 24/05/2021 - 14:19
    +5

    It seems that you are covered by TAC (but seems to be more injury-related)
    https://www.tac.vic.gov.au/what-to-do-after-an-accident/who-…

  • Duckie2hh on 24/05/2021 - 14:26
    +1

    If you really want to pursue it, you will have to get lawyers involved (unless you have some type of bike insurance?).

    • HeWhoKnows on 25/05/2021 - 08:49

      Not exactly correct

      Other driver has provided claim number so OP just needs to make a claim on the other driver - providing quotes, receipts etc

      If other driver contests fault then it becomes tricky without video evidence etc

      • Duckie2hh on 25/05/2021 - 10:04

        My comment was before the update regarding the claim. I had assumed that OP was going to be ghosted.

    • Lastchancetosee on 25/05/2021 - 12:00

      Bikie insurance?

  • oscargamer on 24/05/2021 - 14:38
    +8

    Because you were injured and may well be seeking TAC involvement/reimbursement of your costs, go into your local police station and explain that the TAC need a police TIS number. They will do a report for you. Make sure you get the T number before you leave.

  • emblurr on 24/05/2021 - 14:40
    +1

    This is why it makes sense to have Cyclist insurance if you are a regular rider or use a bike to commute to work. TAC won't cover you if you hit a pedestrian or another bike and some circumstances with cars. It's not to insure the bike, it's if things go bad in a collision.

    I cringe when I see adults riding their bike on the sidewalk on commercial strips. Eg. Chapel street. If they hit a shopper and knock them down, they are absolutely rooted.

    • trapper on 24/05/2021 - 18:46
      +1

      I cringe when I see adults riding their bike on the sidewalk on commercial strips. Eg. Chapel street. If they hit a shopper and knock them down, they are absolutely rooted.

      Not as rooted as they would be getting squashed by a truck though.

  • Lysander on 24/05/2021 - 14:43
    +18

    Ask the security to secure that footage. Tell them you are making a request via police.
    Make absolutely sure that footage is not deleted! Often they have a three day or seven day loop!

    • infringement payer on 24/05/2021 - 20:37
      +3

      Yes, they responded to my email and confirmed they can see the incident. I will let them know to keep it as long as possible and that I'm going to the police station again. When I called them yesterday the security person said it would be 28 days, but yeah I want to get this over and done with asap.

  • p1 ama on 24/05/2021 - 14:44
    +5

    Does anyone have any advice or tips on what I should do next

    Retire the bike, get a car or myki.

    Completely don't excuse what the driver has done and I hope he faces justice for endangering your life (could have easily knocked you into oncoming traffic).

    I've just seen these things happen far too often for comfort and personally I would only ever ride on dedicated cycling trails, bike lanes or on empty suburban streets. I don't know if it's a combination of selfishness/stupidity or a lack of driver education, but drivers simply do not know/care about cyclists in Australia.

    A few months ago, I saw a bunch of people gathered around an accident where a car had right turned into a bike going in the opposite direction in the CBD. I literally heard a bystander say "the c*** should be grateful he's not roadkill, he (i.e. the driver) should have driven him a bit harder". Do you trust such people with your life? Just look at dashcam footage and you'll see plenty of examples of purposeful targeting of cyclists - including running them off the road or just straight out going at them.

    I get all the benefits of cycling, but I will happily pay exorbitant parking fees to avoid getting killed.

    • netjock on 24/05/2021 - 14:54
      +3

      I agree with this.

      Same mentality that gets people driving bigger and bigger cars, then we went to SUVs, now dual cab / utes. There is talk of Ford F150 type trucks now coming down under because there is a demand.

      I used to ride 10km+ to work and assume everyone else is not all there is default. Be polite but don't expect any politeness back.

      Seems like Australia is for saving the environment if the China do, but Australians can't get enough of cheap TVs, washing machines etc. Maybe if we buy less China would produce less pollution.

    • Quantumcat on 24/05/2021 - 15:50
      +2

      I agree. Obviously drivers should be careful, should give 1.5m space next to cyclists, should be patient and not overtake riskily when there's no space, be aware of cyclists coming along next to their door before they open it, beware of cyclists going straight on a road that they're turning left on etc etc and it would be great if everyone would do that. However people occasionally don't and getting angry when people do something wrong is not going to help you if you are dead. Personally I would not trust random people driving with my life just because they should be careful and considerate! I stick to cycle paths only, my life is worth too much to me to ride on the road and definitely not next to parked cars!!

      I kind of class it in the same basket as always locking your car door and not leaving valuables visible from outside. Sure it would be lovely if everyone was honest and people didn't break into cars but railing against the injustice of the world won't help me get my window fixed if broken or iPad back if it gets stolen, and it would have been easy enough to prevent it happening to me by not leaving it on the passenger seat in a big parking lot. Likewise if a cyclist gets hit they definitely are justified to be mad about it and want to get compensation from the person who caused it but personally I wouldn't have put myself in that vulnerable position in the first place.

    • Drakesy on 24/05/2021 - 17:26
      +11

      Or maybe the alternative is to start planning our cities to better accommodate cycling. Or turf out the Murdoch Media who perpetuate the hate (that they construct) between cars and cyclists. There's no other cheaper/more effective option to move mass amounts of people other than maybe motorbikes/scooters.

      In Perth I feel they've done a good job (not great) and that places like Sydney and Melbourne need to re-prioritise their transport investments.

      • p1 ama on 24/05/2021 - 23:22
        +2

        Or maybe the alternative is to start planning our cities to better accommodate cycling.

        Except as an individual you practically have next to zero power to influence planning decisions and even if you did, this doesn't address the issue of how to get around safely now. The issues also go deeper than just infrastructure/planning - it's genuinely a culture issue that can only be changed at the societal level.

        FWIW, I know first-hand the dangers of cycling. A colleague of mine was hit by a car whilst cycling several years ago and tragically killed. From that event, I'm constantly reminded of how fragile life is. It's dangerous enough being on the road in a car, it just makes no sense to risk your life on a bicycle.

        I still do cycle and in many circumstances, I think it makes perfect sense - e.g. I cycle to my local train station (around 2km away) - mostly quiet local streets and feel safe.

        However, I simply will not cycle in the inner city where there's cars everywhere, people opening doors, pedestrians stepping out of nowhere, trams and trucks to watch out for, cars pulling out in front of you, turning right in front of your face…etc. I'm not bitter about it, I'm happy to catch the tram.

    • infringement payer on 24/05/2021 - 20:39

      I have never owned a car, which is why I don't have car insurance. I've lived in the CBD and never required one but I was planning on moving out to the burbs since Covid and I can WFH, however I always used a bicycle to get around for errands.
      Actually was planning on buying a car but covid made cars really expensive so I have to save more.

  • Euphemistic on 24/05/2021 - 15:19
    +8

    Dooring is an offence. The driver or passenger is at fault for opening the door unsafely.

    Issue a letter of demand for the repairs to your property. Unfortunately without insurance you’ll probably need a lawyer.

    Does your home and contents insurance have any clauses about portable property?

    • y2k on 25/05/2021 - 08:46

      Do you have a link to this ? In Austlii etc ? I’ve always feared what would happen if so got doored - eg whether the cyclist is meant to stay a metre from parked cars (ie on the road!)

      • Euphemistic on 25/05/2021 - 08:54
        +2

        http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104…

        I did have a photo of an open car door completely blocking a cycle lane, but can’t find it. There’s plenty of images on google showing doors mostly blocking a cycle lane.

        Don’t ride in a cycle lane that is next to parked cars. It is unsafe and ‘impractical’ which means you don’t have to ride in it.

  • AndyC1 on 24/05/2021 - 15:20
    +11

    Slack police. You should have said that you were injured and need to make a claim for the injuries. This should hopefully get them to do something.

    • infringement payer on 24/05/2021 - 20:40
      +2

      Unfortunately I guess I am a little timid, so I'll get the courage to speak to them and demand them to do something this time! I'm going to the doctors first just to get everything checked out so I'll have that backing at least.

    • 82norm on 25/05/2021 - 10:50
      +1

      Yeah, cops were being lazy. In most cases (NSW) cops won’t attend accidents unless someone was injured. But a birdie told me if you call and mention something to the effect that someone has been injured or you suspect the driver is intoxicated or on drugs because you can smell alcohol, they HAVE to attend. If they show up and nothing is found (drug/alcohol) just play dumb. At least they’re there and they need to file a report.

      PS: it’s not wasting police resources, it’s they’re job. The resourcing issue can be blamed on the state government.

      • AndyC1 on 25/05/2021 - 12:25

        Thanks for the insight to get the cops to attend when you want them and they will not want to attend.

  • BewareOfThe Dog on 24/05/2021 - 15:53
    +1

    In NSW we have a Service NSW App (which is basically RTA NSW), which enables you to check the details of a vehicle, which includes the CTP Insurance details. Maybe you can check RTA Victoria to find at least their CTP details (if available on the site)? Or it might be on there App?

  • brendanm on 24/05/2021 - 16:19
    +11

    Far out the police are lazy shits these days.

    • John Kimble on 24/05/2021 - 16:33

      These days? 🤔

      • brendanm on 24/05/2021 - 17:16
        +3

        I remember a time when they would actually attend an accident scene, and take details. All too hard now.

  • Drakesy on 24/05/2021 - 17:27
    +2

    Definitely file a report with the police, get the footage, file a claim, press charges, whatever gets your damages back.

    The more that this goes un-reported the less it will be noticed/cracked down on and the police will continue to fob you off.

    I've had friends who've ended up in ICU as a result of dooring resulting in partial paralysis of 1 arm. It's not as innocent as it sounds.

  • [Deactivated] on 24/05/2021 - 17:54
    +2

    You proceed just like any other claim. Assuming you're not covered by insurance, you issue a letter of demand for all your expenses. If you're lucky, he simply forwards it to his insurance and pays you out, and fixes his car, or you go through pursuing him civilly.

    • infringement payer on 24/05/2021 - 20:42

      Thank you, I'll look at letter of demand. Yes I don't have insurance as I don't own a car, I was on a bicycle (I don't have bicycle insurance either, as I didn't think I'd need it - I don't ride like an idiot, this is ozbargain after all, perhaps I should've got it.).

      • [Deactivated] on 24/05/2021 - 23:43

        No problem. I read your update. Sounds like good news for you. Insurance isn't because you're an idiot, it's because of all the other idiots on the road.

  • brotherfranciz on 24/05/2021 - 18:48
    +3

    I went to Vic Pol at Melbourne West station but they did not want to write a report or incident (I'm just going to email to have something on record).

    This can't be right. You decide whether you want to file a report, not them!

    I would suggest that you go back to the police station first thing tomorrow and ask to file a report. If they refuse, tell them you need their report in order to lodge a claim to secure the security video footage and to lodge an insurance claim. This is the normal process in these kinds of situations (my house was burgled a few years ago, and my insurance needed the police report - it is a key document in these kinds of claims).

  • Ocker on 24/05/2021 - 19:21

    I thought that in Victoria police are required to attend when a person is injured.
    That aside, for them not to want to write a report is most likely because (a) that will increase accident stats and (b), they don't want the extra work.

    • 82norm on 25/05/2021 - 10:56

      Both.

  • bobbified on 24/05/2021 - 19:39
    +1

    With what we have, I think it's simply not safe to ride a bicycle that close to cars.

    In the government/council's quest to seem like they're doing the right thing, they've created these dangerous cycling lanes that run alongside parked cars. Each time I see a cyclist riding down those lanes at speed, I shake my head and just imagine they're playing russian roulette - but instead of bullets, it's car doors.

    No law or rule can protect a cyclist from tonnes of steel hitting or running over them. The cyclist can be the one that's right according to the law, but what's the point if you've lost an arm or a leg or your whole life? It's not going to make you feel any better knowing you were right.

    For that, I'm sticking to my car.

    • Euphemistic on 25/05/2021 - 08:59

      You don’t need to stick to a car, just don’t ride within 2m of parked cars.

      If it’s unsafe you don’t have to use a cycle lane when cycling. Also many cycle lanes don’t meet the technicalities of a legal cycle lane so you aren’t legally obliged to use them anyway.

      • bobbified on 25/05/2021 - 09:24

        just don’t ride within 2m of parked cars.

        It's a bit hard since I live in the middle of the CBD. The way I see people drive (and the way other people ride bicycles!) gives me no confidence whatsoever to ride amongst everyone. Like I said - it doesn't matter who's wrong or right when you're the one missing limbs or just… dead.

        The only way I get on a bike is to get in the car and go somewhere else like a park or something. But that means I only do it for recreation rather than being able to use it as a form of transport.

  • MontyMacaw on 25/05/2021 - 13:37
    +1

    The way you wrote that I would get a thorough check up and check with a no fee no win lawyer to get yourself fully checked out. Your dr may not be best at assessing possible ongoing issues as a result of your injuries. NEVER dismiss a motor vehicle injury without proper advice from a specialist. There could be long term issues you know nothing about yet including PTSD. You sound a bit traumatised. Once the adrenaline levels in your system normalise you might have health issues you didn’t anticipate. I’m not joking btw. I’ve seen people dismiss minor things then find out later they have issues that cannot be addressed due to the time that has passed.

  • cnitsuj on 25/05/2021 - 21:48

    I have also been doored recently.
    The driver opened his door as I rode past and my handlebar clipped his door, my bike got damaged falling to the ground. I had minor injuries.
    The driver initially agreed to pay for the damages but then refused after I got him the quote.

    Police didn't want to issue an infringement to the driver as I went to them after the incident. I had text messages from the doorer acknowledging the incident. They didn't even know it was an infringement and said they may have issued an infringement if I called them and they arrived to the scene. But I doubt they would have even turned up as I wasn't seriously injured.

    I think my only option is VCAT.

  • OzHunterNSW on 26/05/2021 - 10:14

    They are at fault. If you sustained any damage to bike, they pay. Damage to you, they pay.
    They should not open their door without clearance.

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