Accident Involving Damaged Pit Cover on E-Scooter [QLD]

david6509 on 12/01/2023 - 12:41
Last edited 12/01/2023 - 17:31 by 1 other user

I had an accident earlier this week while riding an e-scooter on a foot path (no bike lane). As a result I ended up going over the handlebars and required stiches to my elbow, severe road rash to my shoulder and a few other scratches and bruises.

Notified council who has since put a barrier around it and have notified me the pit was owned by a telecom.

I've contacted the telecom and put in a complaint which they have asked me what outcome I would like out of this. My question is what can you reasonably claim?

I'm now on light duty at work (factory worker) and can't use one of my arms due to risk of opening the stitches on my elbow.

Damaged pit cover

Location of pit cover

Automotive Scooter

Comments

  • Kaz0551 on 12/01/2023 - 12:45
    +3

    Why didn't you just ride around it? It would have only taken a second and saved a lot of trouble. joke

    Ask your boss if you are OK with light duties or if they'd rather have you on leave. If you're on leave, make the amount of money you're wasting/losing on leave part of your request.

    • david6509 on 12/01/2023 - 12:50
      +2

      updated post with another photo. The footpath narrows due a power pole. I was looking at traffic ahead and the hole was partially masked by the shade.

      • Clear on 12/01/2023 - 17:01
        -1

        Very easy for someone to say why didn't you see it. Clearly they don't watch DCOA. Based on your photos that whole is very easy to miss.

  • Donaldhump on 12/01/2023 - 12:53
    +3

    My question is what can you reasonably claim?

    you can claim any damages you have suffered. Go speak to a lawyer, if your goal is to milk it. seems you haven't suffered financially, just minor pain.

    Telstra is asking you what you would like so if your request is not to ridiculous once you accept the case is closed. Ask them for $500 of vouchers to cover pain and move on, and see if they accept, and if you think its fair.

    however you may be partly or all to blame for going to fast, not observing where you were riding. Anyone walking / running would see this

    in my honest opinion e scooters are fun, but the size of the wheels make them prone to crashing and riders do so at their own risk its impossible for telecom etc to go around inspecting every pit for holes like this. There is a point where people need to be responsible for their own actions, and riding a scooter is an obvious risk that the entire suface you ride on may not be perfect

    i broke my arm riding a scooter after a hit some gravel on the road. I didnt sue or ring anyone, I hardened up and used my other hand for self activities and work for a month

    • david6509 on 12/01/2023 - 13:25

      appreciate the reply, im considering changing from a escooter to a ebike. The larger wheel size definitely would of saved me in this situation.

  • CurlCurl on 12/01/2023 - 12:56
    +2

    As with councils and pot holes. If the Telecom didn't know about the damage it's tough t*****s.

    • Iwantthebestprice on 12/01/2023 - 13:37
      +2

      This! Hit a pot hole in my car damaged 2 wheels and rims, couple thousand in damage, I couldn’t even avoid the pot hole as there was road works with barriers so you could not swerve and go around. But as I was first to report it - council could not be held liable.
      Ask for a $500 voucher and hope you get that and move on

  • ThithLord on 12/01/2023 - 12:59
    +1

    Hey mate were you enroute to or from work, by chance? If so, workcover if you're in QLD. Unsure if other states have similar, but I used workcover when I sustained an injury on my e-bike enroute to work.

    • jv on 12/01/2023 - 13:04
      +7

      Unsure if other states have similar

      No Cover in VIC as private e-scooters are illegal.

      • try2bhelpful on 12/01/2023 - 14:37

        The hire ones can't be, legally, ridden on the footpath either.

        • jv on 12/01/2023 - 14:38

          True, that would void the insurance provided.

          • try2bhelpful on 12/01/2023 - 14:44

            @jv: Frankly these things should be covered by TAC.

            • jv on 12/01/2023 - 14:45
              +1

              @try2bhelpful:

              Frankly these things should be covered by TAC.

              Riding illegal, unregistered vehicles ???

              • try2bhelpful on 12/01/2023 - 19:24

                @jv: Absolutely to cover your victims.

                • jv on 12/01/2023 - 19:38
                  +1

                  @try2bhelpful:

                  Absolutely to cover your victims.

                  'unregistered' means they aren't paying the insurance premiums.

                  • try2bhelpful on 13/01/2023 - 18:41

                    @jv: Don’t care. Victims need to be covered.

                    • jv on 13/01/2023 - 18:42

                      @try2bhelpful:

                      Don’t care. Victims need to be covered.

                      Then someone needs to pay for the insurance premium.

                      The money doesn't come out of thin air…

        • Clear on 12/01/2023 - 17:02

          There's accident insurance provided by the hire company when you ride them and you can view the policy in the app. Obviously they'd have to make sure you weren't riding somewhere you wasn't supposed to, which the GPS would help confirm.

          • jv on 13/01/2023 - 18:43

            @Clear:

            There's accident insurance provided by the hire company when you ride them

            Only under certain conditions. If you do anything illegal, the cover would most likely be void.

            • Clear on 13/01/2023 - 18:49

              @jv: Rules out footpath riding. Most of Melbourne riders right there

    • david6509 on 12/01/2023 - 13:23
      +1

      Yes i am in qld but not going through workcover as i think ill be right in a couple weeks.

      • ThithLord on 12/01/2023 - 14:27
        +4

        But were you en-route to work? They will cover a lot of your medical expenses, and will likely reimburse you as well. If you have on-going issues stemming from it, don't you want that covered?

  • Stopback on 12/01/2023 - 13:16

    How fast going

    • Nugs on 12/01/2023 - 18:24

      Too
      .

  • Muzeeb on 12/01/2023 - 13:18

    I'd the escooter legal in your state?

  • elgrande on 12/01/2023 - 13:20
    +1

    If your in NSW make sure you report it to the Police. Being charged with an offence will help bolster your claim…

  • SBOB on 12/01/2023 - 13:30
    +1

    I've contacted the telecom

    I'm surprised Telecom still exist to answer a phone?
    :)

    but unless you can prove it was a known damaged cover that they had neglected to rectify, or there is some inherent flaw with their covers that would make them liable, I think anything you get would be a bonus.
    Ask them to cover medical fees if any and see how generous or sympathetic they are feeling.

    • jv on 12/01/2023 - 19:39

      I'm surprised Telecom

      Dan Andrews will bring that back after he resurrects the SEC.
      After that, we will get back the State Bank of Victoria.

      Horse drawn carriages are also in his sights.

      • Clear on 12/01/2023 - 20:06

        I'm getting a Wepad FS Hyper to start hauling carriages around Melbourne. I'll even dress as a horse.

        • spackbace on 13/01/2023 - 10:47

          I'll even dress as a horse.

          #nokinkshaming

          • Clear on 13/01/2023 - 10:53

            @spackbace: My wife had me dress as a reindeer on Christmas.

  • payless69 on 12/01/2023 - 13:34

    another unknown location troll?

    • Clear on 12/01/2023 - 17:03
      +2

      He said QLD in the comments before your comment.

  • SF3 on 12/01/2023 - 13:35

    I had an accident earlier this week while riding an e-scooter on a foot path
    My question is what can you reasonably claim?

    This is the forums, sounds like a plot twist somewhere.

  • Xistn on 12/01/2023 - 14:08
    +3

    Imma say it, Self inflicted, suck it up Princess.

  • outlander on 12/01/2023 - 14:25
    -3

    Thats part of the reason I have snapsendsolve on my phone. Only takes a moment to report these things, cause otherwise they just don't know. People will say 'just avoid it' like you do it on purpose, but I've been running at night on the grass and damn near fell into an open pit, so you can't always prepare for this stuff.

    Talking to a lawyer is best, they will know how the game is played. Just talking out my arse, I would advise putting in a modest claim of less than 10K and hope they have a policy of granting such claims to avoid further litigation, but only someone who has played the game before will know if that's the right move. Sometimes it's better to ask for the world and then 'settle' at a lower amount as a negotiation tactic. Other times that will get you branded as a $ chaser. Only a lawyer well versed in these things will really know

  • thatonethere on 12/01/2023 - 14:32
    +1

    We had a courier at work step on a pit lid which wasn't secured (it flipped and he broke his leg and injured shoulder). Got about $120k but it took years for him to get it from our insurer.

  • paddyo on 12/01/2023 - 14:35

    So, even though light duties you have no loss of income. I would not bother with Workcover, the low level of injuries would not meet their threshold. With that in mind, you would not get much from the Telco, but, if they have asked then a small token to acknowledge the injuries and inconvenience would help. As others have suggested $500 vouchers is reasonable and being vouchers it means more (bizarrely I know) than if you asked for cash.

  • Drakesy on 12/01/2023 - 14:45
    +2

    Hokay, before we start asking for CoMPenSAzion you have to prove that the telecom company has been negligent.

    Yes the lid was defective, however did the telecom company know about it - this would be a difficult part to prove.

    On the note of compensation unfortunately/fortunately we're not like America where you can sue for huge sums of punitive damages - ours are more closely aligned with actual incurred costs and lasting damages, and not really costs that go after the corporation. Given hospital cover is pretty much free to everyone and i'd assume you wouldn't need time off work or rehab so this would be minimal.

    Admittedly it is the Telecom company in the wrong. (i've had a friend do the same thing on a bike going through a grate that was put back by the council on the wrong orientation) - he ended up with permanent partial loss of movement in one arm and leg. He couldn't go after them due to some clause i believe - something about should've been aware of the road conditions.

    Talk to a lawyer if you want to escalate, but proving negligence is the first thing.
    And if it gets messy you can bet they'll look at your scooter see that it does more than the permitted 12km/h and nullify the claim.

  • brotherfranciz on 12/01/2023 - 17:45

    I've contacted the telecom and put in a complaint which they have asked me what outcome I would like out of this. My question is what can you reasonably claim?

    I assumed your complaint was to notify the telecom to fix the pit cover as you'd had an accident because of it, and sent them some photos of the broken pit cover and your injury.

    Sounds like your complaint wasn't about that? All this talk of compensation claims is very… American…

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