2nd Bicycle Accident

Had my second serious accident last week.

I was traveling downhill in a residential street, a ute reversed out of his driveway suddenly and I had no vision of him till he was on the road. I locked my brakes up twice as I lost control on my first attempt to slow down. The second slide I couldn't stop in time. A car was to the left and a rubbish bin on the right. So no option but to hit him in the rear bumper/tray. (I was hoping he would take off in time for me to avoid impact.) I made contact and flew over the handlebars into his tray. No joke… he had loud music playing and didn't realise the incident and continued to drive a few metres till I knocked on the window and he saw me.

I got his name and number. He helped me bend my bike back into shape. I pointed out the bent forks. He had a passenger with him they were kind and helpful. No one admitted fault at the scene. I haven't filed a police report. Bicycle report cost is new forks: $770.

My question is what are my options, do I ask him to file an insurance claim?

His vision reversing

My first brake

My second brake marks and impact area

Forks

Comments

  • +23
    • Get a proper quote (either for the parts if you will repair it yourself or from a shop to do the work)
    • Send a letter of demand (that they will ignore/refuse to take delivery)
    • Speak to legal aid and get some advice on taking them to small claims court
    • Wait for a year or so for your court date, present your evidence, get a finding in your favour
    • Go back to legal aid again to see how to take them back to court because the at fault guy won't pay on the court order.
    • Go back to court to get a payment order, to put a lien on their stuff, get the sheriff to go around or to garnish their wages.
    • Get your payment back at $10/fortnight.
    • +1

      is legal aid free? for $770 this seems like a lot of time

      • +2

        If you do a Google search, you will find a few places that you can speak too and they will point you in the right direction of what you will need to do, what paperwork you need to file and what to expect when you go to court. (You can also contact your local courts and they will also be able to offer information on who to best speak to.)

        What they usually won't do is act on your behalf in the capacity of a lawyer. They are there to guide you on your journey. And you are not going to want to retain the services of a lawyer over some bent forks on your bike.

        At least give the "letter of demand" a go first. He might surprise you and just pay. Just remember to track everything and keep evidence of everything and remind polite, but stay firm.

          • +6

            @ass3ts: Even in a place that's as antagonistic to cyclists as Australia, regular cyclists live longer on average than non-cyclists (largely due to the exercise benefits). Not cycling is the "dangerous" option overall.

            • -4

              @banana365: You make it sound like cycling or cycling on the road is the ONLY exercise option LOL, not taking into account all those toxic vehicle emissions blowing past you.

              • +2

                @ass3ts: It’s not the only option but the benefits are there if you ride smart. The injury rate is not as high as all the cycle haters think.

                • -4

                  @Euphemistic: …and yet we are posting comments on someone's thread about his 2nd bicycle accident in a relatively short period of time.

                  • +3

                    @ass3ts: Just because one klutz has had two arguably preventable crashes doesn’t mean all cyclists crash.

                    Personally I have crashed a bicycle on the road since I was a kid (that I can think of). Had a few stacks on bush tracks though

                    • +1

                      @Euphemistic: By the way don't get me wrong, I'm not against cycling in general, I own an MTB and have cycled down Thredbo a few times. But riding on public roads in urban areas squeezed between buses and SUV's, and engulfed in all sorts of fumes, no thanks.

                      • +3

                        @ass3ts: Ride smart. I ride roads a lot. It’s not that bad if you’re smart with road choice and bike positioning.

                        I choose not to ride roads that are very busy where practical. Where not practical to avoid sometimes I’ll ride footpath (not if lots of pedestrians). I ride to work on the roads, but we’ll before peak hour. Busy afternoons I take a 15-20min detour to almost completely avoid cars.

                        If the only option is the road, then you claim the lane, as is your right as a cyclist - but be smart about it, like not pulling out in front of a long line of cars or going hard for a hit to minimise time out there. Hiding in the gutter just invites motorists to try to squeeze past so you’re better to be wide enough they get the message that there isn’t enough room to pass.

                        • -2

                          @Euphemistic: Taking a 20min detour to avoid cars, I see.

                          • +4

                            @ass3ts: It’s a choice I make to enjoy the ride and keep my exercise up, one route is mostly bush trails so double bonus. Not scared of roads, just makes life better to avoid them.

                            If I’m short of time I don’t detour.

                            • @Euphemistic: "just makes life better to avoid them" - That's right.

          • @ass3ts: I’ve also almost been run over walking on the side of the road by a gravel truck with trailer , maybe I should have still been swinging through the trees .
            Darwinism vs Evolution .
            On a bike at least you have a modicum of speed and control on suburban streets .
            Maybe he just needs a better bike or experience with sliding whilst braking.
            Or the guy in the Ute and his passenger could have looked , like at all .
            I’d go see a doctor , if only so you have some extra weight to hold over their heads if they’re not good a being responsible ,
            you know care and attention , maybe file a police report so it’s on record too . Who knows how many near misses they’re having .
            Just take care out there , the road is long and dangerous .

            Had a look at the photos , yea you were hammering down that hill .
            Live and learn and you got very lucky .

      • Could all be for nothing when they find the bike was derestricted.. and attribute court costs.

    • +1

      Don't forget after you get your ruling of $10/fortnight.

      • First payment comes in, breathe a sigh of relief
      • 2nd is late.
      • Follow up after a week, they had a surgery/accident/fire/act of god/lost job and need some time
      • Finally get it after 3 weeks
      • 3rd payment is late…

        and so on after a year you have $50 .
  • +4

    Where is the previous post (and circumstances) of the first serious accident?

    What speed were you doing?

    • +1

      Here

      My guess would be 30km/h

      • +19

        You need to practice braking. It looks like you should have been able to stop easily from 30km/h in that distance.

        Brake hard on the front brakes, use the rear to help control

        • +4

          Or just swerve around the ute. Unless it was reversing out at mach 5 there were plenty of other options available.

      • +10

        OP definitely isn't capable of operating his vehicle.
        Imagine having a double lane road and a mountain bike capable of mounting the gutter, yet you still decided to run it straight at a car? You showed us at least 30m of tire marks from locking up the brakes but supposedly one car and a bin funneled you 30m directly into his ute???

        I was hoping he would take off in time for me to avoid impact

        The large disconnect between your first and second tire marks (5-10m) would suggest you didn't expect the three point turn and let off the brakes to keep coming up behind him. You ran the risk of behaving as if the ute wouldn't be there in the minimum 30m you had to stop so you could save the need to brake. Definitely your fault, you should be paying him for making little effort to avoid running into him. Given your first accident, if I were you, I would be evaluating the risk you run every time you ride a bike given your lack of skill and whether it is worth it.

      • +9

        Having read and replied on this thread, then having seen this first thread.

        YOU SHOULD NOT BE RIDING AN E-BIKE.

        You're a menace to yourself and to anyone else around you. You don't know how to responsibly handle a bike moving faster than you can pedal under your own power.

        It's a good thing that so far all you've hit is a stationary sign on a footpath, and ute in the middle of a quiet residential double lane street. What are you going to do when you hit a pedestrian- post on OZB and ask who is at fault?

        Been riding for 20+ years and have yet to hit either. And if I ever hit a road sign, would not be asking the Interwebs whose fault it was.

        With these two threads, you are the rolling cliche of everything that is wrong with the availability of e-bikes.

        • You don't know how to responsibly handle a bike moving faster than you can pedal under your own powe

          It looks like it’s a down hill section. E-bike or not it’s likely to be the same speed down that bit.

          • +3

            @Euphemistic: Look up a couple of posts. Last week it was a construction sign on flat footpath. I don't think the hill is the problem here.

            • @rumblytangara: Yeah. OP doesn’t seem to have good bike skills. my point was e-assist would not have made any difference to speed. Gravity was likely doing most of the work so saying they should not go faster than they can pedal doesn’t make sense.

  • +8

    You should fit a pair of car horns on your bike. This is very effective and has saved me from getting hit a few times.

  • Am I interpreting this correctly and you hit the back of his tray? Or did you hit the side?

    • Hit the rear of his ute, ill re-word it.

      • +5

        Glad to hear you're otherwise okay, it must have been the fright of a lifetime :(

        If you were going 30kmish an hour, couldn't brake in time and hit the side of his tray, I expect at least some of the accident (if not all, but that's for insurance/courts to determine) is going to be on you.

        Still, as other posters have said this is why Third Party exists and you should at least write to see what you can get.

        • +3

          Yeah called work and took a sick day. Once the adrenaline wore off i realised how fortunate i was with only a bruise on my leg.

        • Must have been a fright for the driver getting that tap on the window

      • +31

        He had time to reverse out, stop, change direction and start to pull forward but you couldn’t stop in time?

        Sorry, but to me it sounds like both of you weren’t paying enough attention and both going too fast.

        • +1

          He had time to reverse out, stop, change direction and start to pull forward

          Where does it say this?
          The way I read it, the ute guy backed out into the street into oncoming traffic, the poster crashed into a reversing ute, then the ute continued to drive off because he didn't realise a collision had occurred. There is nothing about stopping and riving forward when the crash happened.

          but to me it sounds like both of you weren’t paying enough attention

          Indeed. someone isn't paying attention…

          • +2

            @1st-Amendment: Op said they crashed into the rear bumper, not sure how that’s possible if the ute didn’t change direction after reversing out of a driveway.

            • +6

              @mapax: You normally reverse and turn in one motion, not multiple change in directions.

            • +5

              @mapax:

              Op said they crashed into the rear bumper, not sure how that’s possible

              Have you ever reversed out of a driveway? This almost always involves a quarter turn at the same time otherwise you'd end up in your neighbour's property across the road.

              if the ute didn’t change direction

              Where was it written that the ute reversed completely perpendicular to the road?

              • +5

                @1st-Amendment: "No joke… he had loud music playing and didn't realise the incident and continued to drive a few metres till I knocked on the window and he saw me."

                Implies that the accident happened whilst the vehicle was moving forward.

                I'm with mapax, OP needs better brakes, better awareness or lower speed or all 3. Not that OP was wrong in this case. But being right aint everything.

                • +5

                  @Mrgreenz: Skid marks on road from the bike means OP needs to learn how to use bicycle brakes, not better brakes.

                • @Mrgreenz:

                  Implies that the accident happened whilst the vehicle was moving forward.

                  Does it? Where?

                  • +1

                    @1st-Amendment: I was traveling downhill in a residential street, a ute reversed out of his driveway suddenly and I had no vision of him till he was on the road. I locked my brakes up twice as I lost control on my first attempt to slow down. The second slide I couldn't stop in time. A car was to the left and a rubbish bin on the right. So no option but to hit him in the rear bumper/tray. (I was hoping he would take off in time for me to avoid impact.) I made contact and flew over the handlebars into his tray. No joke… he had loud music playing and didn't realise the incident and continued to drive a few metres till I knocked on the window and he saw me

                    • @Mrgreenz: Nowhere there does it imply that the ute was moving forward at impact… In fact it even says explicitly that it was reversing.

                      • @1st-Amendment: "continued to drive a few meters"

                        would be " continued to reverse a few meters"

                        As you state OP did state "reversing" earlier in their description of the incident

                        • +1

                          @Mrgreenz:

                          "continued to drive a few meters"

                          Now read the whole thing in order.

                          " no option but to hit him in the rear bumper/tray."

                          then

                          "I made contact and flew over the handlebars into his tray"

                          then

                          "he had loud music playing and didn't realise the incident and continued to drive a few metres"

                          There is no implied statement anywhere in the post that the ute was driving forward when the collision occurred.

                          • @1st-Amendment: Why do car manufacturers label their shifters with P, R, D.

                            Because to the average person R and D mean different things.

                            I'e backwards and forwards.

                            I reverse / reversed backwards

                            I drive / drove forwards.

                            • +1

                              @Mrgreenz:

                              Because to the average person R and D mean different things.

                              Cool story. How are you still struggling with this?

                              Let me break it down as if your were 5…

                              1. Ute reverses out of drive, performing a quarter turn as everyone does to align with the street.
                              2. Ute guy doesn't realise there's a bike coming down the street, so has effectively reversed into his path causing a collision.
                              3. Bike collides with reversing ute. Rider goes arse over elbow, lands in ute tray.
                              4. Ute driver not realising anything has happened completes his reverse out of his driveway, THEN continues on his journey by now driving forward to wherever he planned to go to completely oblivious to what has happened.
                              5. Bike guy then taps on the window to make ute guy aware of what just unfolded.

                              Which part of this are you confused with?

                              • -1

                                @1st-Amendment: Nailed it, maybe i could have done ELI5. I think most people in this post did not read it right.

                          • @1st-Amendment: This is correct, the car was reversing, that moment right before between when you shift into first gear but still going in reverse but not stationary

                • +2

                  @Mrgreenz: From my observations:

                  1. Fronts are Tektro hydraulic calipers. Probably a low-spec that came with the bike.
                  2. Forks were pretty crap before the accident.
                  3. West Launceston?
                  4. If a motorised vehicle rear-ended the ute, there'd be no question of who's at fault.
                  • @Speckled Jim:

                    1. Tektro HD-E725 I would say mid tier
                    2. Manitou Machete Fork - mid tier/budget?
                    3. Yes
                    4. Yes
  • +2

    His insurance covers all third parties injured or suffering loss arising out of his use of the vehicle. Doesn’t matter if you are a cyclist or a pedestrian or another car. It’s the same process as for any accident

    The issue is that you have to deal with the claim yourself rather than through your insurer. Send him a letter of demand and ask him to forward to his insurer. If you have any physical injuries then list them as well (although if you have anything serious then see a lawyer so you don’t get ripped off).

    Then see what happens. If he sends the letter to the insurer then all good. If not there are a variety of options, deal with that if you need at the time

  • +1

    My question is what are my options, do I ask him to file an insurance claim?

    Get a quote for repairs, send it to them. They might most likely will just pay it without going via insurance etc.

    Otherwise, yes it will be up to them to raise an insurance claim, pay the excess and provide you with the details to make a claim against it.

    But if you are saying it is under $800, then most likely they'll just pay it assuming no damage they need to claim.

    • +1

      This happened to me, but I got hit by a barrister. Long story… he asked me for two quotes, haggled down some of the line items, made me sign a release, paid up. So per @JimmyF, ask the guy if he's interested in receiving your (two) quotes or just wants to make an insurance claim.

      • Yeah my example would be really if they are 'willing' to pay and make things right on their own. If they are not, then it is up to the OP if the stress and costs are worth it to claim $800 back. I'm assuming your costs had been a bit more if you got a barrister involved?

        But if they don't want to pay for it on their own, file a police report at least, so it is on their record ;)

        • It was a barrister who hit me as he was leaving work. I didn't realise my wheel was bent until I rode away, having sat for a while to recover. I was able to identify him by finding his car in the parking station under his office. It had marks on the bumper from hitting me side-on. If OP can negotiate payment amicably much as I did that ends the matter.

  • +4

    I haven't filed a police report.

    Why?

    A road crash is a road crash. If you think you were in the right and the other vehicle operator was in the wrong there is a procedure. Report it to the police and/or make a claim on the other vehicle's operator's insurance either through your insurance (if you've got any) or through theirs.

    • +7

      Because you don't file police reports for road crashes, unless it meets a few conditions.

      • yeah that is my understanding

        • +2

          When you end up with a spinal issue or haematoma further down the track, you can just put it down to bad luck, I guess.
          BTW You are on a hat trick. And not a good one.

          • +7

            @Protractor: If you don't hear from me check coroners reports.

      • +5

        These days you don't call the police to the scene of a road crash unless it was serious or involved injury.

        But you most certainly can, and should - if it protects your interests - make a report to the police so they can determine if an offence was committed. And in the case of a bicycle rider and vehicle reversing out of a driveway colliding the bicycle rider should most definitely make a police report to protect their interests precisely because they don't have an insurance company to protect them.

        What the heck do you think you should do in that circumstance, leave the matter completely undocumented so that next week when you go back to the other party they just deny any knowledge of it? You need to have the incident on the official record. Even if the police choose to do nothing.

        If nothing else, the threat that the police might be brought in provides leverage to get the other party to agree to pay up voluntarily. Of course you've got to be pretty confident they will be found to be responsible. The only time you don't make a police report is if you are going to be better off if they aren't. Like you might have to fight to get compensated. Or you suspect they might find you guilty of something. Been there, done that. Realised when I pulled out my car registration papers that I'd missed renewing.

      • +2

        I was hit by a car while cycling. He pulled straight out on a roundabout and into the side of me as I passed his entrance - driver 100% at fault.
        I was knocked from the bike but didn't sustain major injuries. Bike wheel was buckled and seized from the impact.
        When I called the police, they refused to even take a report of the crash unless I had been to the hospital and there was over $500 in damages. Fortunately the guy paid out for the bike repairs and I didn't need medical treatment - but its a crap situation to be in as the cyclist.

        • +2

          Good to know that when you called for help, they provided with conditions applied /s

    • +1

      If you think you were in the right and the other vehicle operator was in the wrong there is a procedure

      And that procedure is usually through your insurance company not the police. Police only get involved if there serious injury or death, drink/drugs, or if someone leaves without exchanging details.

  • +14

    Is this an ebike?

    If so, I doubt you were doing 30km/hr down that hill. I suspect a lot faster.

    Anyway, this is why I have insurance for my bikes. I have 4 bikes, all worth a few thousand each. I pay about $70pm in insurance (for all my bikes) and $60py for public liability. It is well worth it.

    The one time I have had to use it because of a reckless drive, I got the drivers details and called my insurer. They took care of the rest. I had to initially pay the excess but got it back with two weeks because they tracked down the driver and had evidence (a police report and photos).

    Velosure.

    • +5

      I assume he was going too fast for his bike, but still, he should have the right of way.

      • +14

        You can be right and dead

      • +9

        Absolutely has right of way. They should also ride to the conditions. Smashing it down a hill close to drive ways such that someone reversing may not see you is a bad idea. Either take the middle of the road or slow down.

        • Wait how does right of way work?
          If you turn onto a main road say at a T, are you saying someone on the main road w/ right of way do not have to slow down at all?
          I'm pretty sure if there's a good gap in the road and you turn out, the other driver may have to ease off or even brake a bit and they can't just ram into you.

          • -1

            @furyou: There is no right of way in traffic law. Absolutely none. There is only responsibility to give way - hence you must avoid a crash if you can.

      • +13

        Op is definitely going too fast based on all that breaking yet still landed on the tray.

      • -5

        I doubt driver would be found 100% at fault. Hitting someone from behind suggests negligence. Even if a driver does something stupid, you're obliged to avoid the accident. The OP's stopping distance suggests either negligence, incompetence, or the bike ought to be deemed unroadworthy. Is there any requirements for bikes? I don't know why some vehicles (bikes) should be allowed on the road without all the bureaucracy we need to go through for cars.

        • Hitting someone from behind suggests negligence.

          Not if the vehicle hit reversed into the space your vehicle was about to occupy.

        • I don't know why some vehicles (bikes) should be allowed on the road without all the bureaucracy we need to go through for cars.

          Largely because bicycles do not cause anywhere near the carnage that motor vehicles do. Plus, there’s a massive personal incentive to not cause crashes when riding a bicycle - it f… hurts even in a minor crash, unlike cars that can wipe out a house and have the driver walk away.

    • -6

      I doubt you were doing 30km/hr down that hill. I suspect a lot faster.

      Cool story. What else do you think about things that you have no idea about?

    • +1

      You pay 3k insurance a year for 4 bikes?

      Does the public liabity apply to renters / home and contents insurance?

      • +3

        ~$70 per month for all four bikes. So about $840py. Public liability is a $60py safety net. If I were to seriously hurt someone, e.g. a small child, I'd like to know that I were in a position to claim on my insurance get them the medical care they need.

    • +3

      Is this an ebike?
      If so, I doubt you were doing 30km/hr down that hill. I suspect a lot faster.

      Not all e-bikes would have been going ‘a lot faster’ legal e-bikes will go exactly the same speed as a regular bike once over 25km/h because that’s where the assist cuts out.

      Plus, an e-bike fitted with hydraulic disc brake will stop just as quick as a regular bike.

      • I was traveling downhill in a residential street

        Certain streets are quite steep in Launny. This is the immutable law of physics acting upon a bicycle of that weight, at x speed on y grade with whatever friction acted upon those brakes. They were fine, as shown in the skid marks. The weakest point was the limited contact patch of the tyres.
        This is why I don't ride down steep roads.

  • +4

    and I had no vision of him till he was on the road.

    Why?

    Were you distracted?

    • The tree obstructed my vision till he was on the road IMO.

      • +3

        The tree obstructed my vision

        rubbish…

        • Did you see the photos?

          • +10

            @shap08: Yes, did you see the car?

            • +6

              @jv: OP defintely saw the car based on all that breaking, it just too fast to stop.

        • +1

          Check the picture, the trees definitely made things worse.

          • +16

            @jumpypotato53:

            Check the picture

            If you can't see a car reversing in that street, and slow down, anticipating they might not be looking, then you shouldn't be riding on the road.

            • @jv: You're not being pragmatic, the tree definitely made things worse. It was not the single reason why they crashed though.

              • +2

                @jumpypotato53:

                the tree definitely made things worse.

                Still no excuse to be aware of what is coming ahead of you…

            • @jv: If the ute driver can't see traffic coming down the road then they shouldn't be on the road

              • +4

                @based: Doesn't excuse the illegal ebike rider from not looking ahead.

                • +1

                  @jv: Do you slow down at green lights to check if someone is running the red in the other direction?
                  At some point you have to trust other drivers.
                  I'd agree that the rider could have avoided it by being more attentive, but it's still 100% the ute's fault. Maybe a little bit on council for the trees

                  Illegal

                  Are we just making things up and adding them to the story now?

                  LMAO just saw the op v sign, I think we should all just be glad OP is on a bike not out there in a car

                  • +2

                    @based:

                    Do you slow down at green lights to check if someone is running the red in the other direction?

                    Always… Unless I have clear visibility of the intersecting road both ways.
                    Driving is not supposed to be Russian Roulette.

                    That is what I was taught to do….

                    • +1

                      @jv: Correct, i always slow down before entering a junction if a car ahead in the junction is blocking my view of any cars in opposite direction turning right.

                  • @based:

                    adding them to the story now?

                    Nope, read through the comments.

                    • @jv: Or you could just explain what you mean, the vague reference to a throttle?

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