NSW Collision with Car - Help with Financial Damage Control?

[Tomma]

None, I mean a cross-claim with the NRMA insurance of the car that hit me. I hope this will help to show them that I'm serious about my view that I'm not responsible for what happened.

I expect push back from NRMA though. Provided it's my word against hers a lot will come down how police sees this. Without access to the person that cut me off and lack of witnesses my position isn't very strong. It basically looks like I just ran a red light.

Roads and Maritime Services have gotten back to me and advised there is no camera on that intersection. When I asked police for the report, they said I can request that through "freedom of information". Maybe someone can confirm whether that's a valid answer.

If NRMA pushes back on my Accident Description and Diagram and my claim, my next step will be to request a second quote and seing photos of the damage.

 

[Rod]

Maybe someone can confirm whether that's a valid answer.

It isn't. See this.

 

[GC.]

Urs, you can also claim medical expenses under the CTP insurance scheme, see Claims - Motor Accidents Authority

Your links to the road rules are actually to outdated legislation. Try this one... http://www.legislation.nsw.gov.au/regulations/2014-758.pdf

It sounds as if the other driver is claiming that they didn't see you at all, so they're hardly going to be able to say that they saw you run the red (although they may find another witness). I had an accident once (when driving) where another car came out of a side street in front of me. They said that my headlights were off, I said that they were on, the Police asked the other driver "did you see him with headlights off, or just not see him" they said that they just didn't see me. The result as I understood it was that there was only one witness as to whether my headlights were on or off so they had to believe me. The other driver was booked by the Police, and this made the insurance process go much more smoothly.

As a result of this accident, I also learnt that there are specialist Police officers who are consulted about contentious traffic accidents and make the decision as to who will get booked, and what the officers on the scene say can be quite different to who actually ends up being booked.

I take it that you have the incident number and name of the attending Police officer. You should ring the Police station and ask to speak to them (you may have to call back when they are rostered on, or they may ring you). It can't hurt to ask for an update (have they decided who will be booked), or even to hint to them that you have spoken with a solicitor and don't believe that you were at fault (although if they try to argue with you just ask them what the process is to take it to court, don't try to argue back).

If you don't know the incident number or officer's name, then any Police station can look them up in the system for you.

Also, please remember that these are all public forums, and you should be mindful of that when discussing your legal strategy.

Good luck.

 

[Tomma]

Thanks for the additional replies. Yes, that Whirlpool thread is out of control. I guess it didn't help that they moved my question to the automotive section.

At this stage more advise on the following woukd be great:

1. According to a Whirlpool user, I cannot make a counter claim regarding the damage to my bike with the other person's NRMA insurance. They stated I could only go through the other person directly and send her letter of demand. Is this correct?
2. How can I get hold of the police report without going through Freedom of Information and paying for it. A police website was referenced above, but where is the option to request a report?
3. Does anyone have a recommendation regarding a home and content insurance that covers cycling accidents?

 

[GC.]

1 - An insurance company will not deal with an incident until the policy holder has made a claim. When you have an accident, you need to claim from the driver at fault (unless you use your own comprehensive insurance). The driver at fault can then choose whether to claim against their insurance or to deal with the matter themselves.

In this case, since the other driver has already made a claim under her insurance, I would send a copy of your claim to the insurer as well (send a letter of demand to the other driver, and a copy to NRMA with a note telling them that you have sent it to the driver). There are plenty of .au websites around explaining how to claim from an at-fault driver with example letters.

2 - The link that Rod posted has a downloadable PDF form to apply for the incident report ($87.10 cost). You should be able to get a verbal from the investigating officer as to who was fined, but are unlikely to be able to get a copy of the report unless you pay.

3 - I am insured with NRMA, I believe that this is part of their contents insurance (If you are renting then you need "contents" and not "home and contents"). You should be able to find the PDS document for any insurance policy and check the details before you sign up (look for "PDS" on the website, or ring them and ask for it).

There are big differences in insurance companies, and the budget ones probably don't have this sort of cover. There are also specific bicycle insurance policies as well (velosure is one) as well as some cycling organisations including insurance as part of their membership (such as bicycle NSW). Again, check the PDS to find out exactly what they cover.

 

[Tomma]

Thanks, that's helpful. I'm not sure whether it's worth paying that amount for the report.

Regarding the counter claim: I've done some reading on letters of demand and how to write them. Given I see partial responsibility of the damage to my bike with the person that cut me of and the lady that hit me, what do I actually demand? Should this be the share of the responsiblity from my perspective, e.g. if I see %50 responsibility with her, I demand %50 of the quote I got from the bike store?

 

[GC.]

I have very limited experience here, so someone else may want to jump in if I get this wrong.

I would not give away or admit anything that you don't have to. As I said earlier, you can make a "without prejudice" offer of settlement where you can come to an agreement on damages without anyone having to admit fault or liability. If you were willing to accept only partial payment then I would start by asking for the full amount, but let them negotiate you down.

I would never confirm to them in writing that you believe that you are partially at fault.

Also note that if fault was determined to be 50/50, then you would be liable for 50% of their costs as well.

You may also try asking at forums to see if anyone there has had any experience with this.

 

[Tomma]

Quick update, in the meantime, I have:

• Informed NRMA in writing that I see liability with the other drivers, not myself
  
• Asked NRMA (in the same letter) if they can provide details regarding the $1500 - $2000 quote and provide me with a second one
• Called the lady I collided with (again) and asked her whether she can...
  • provide me with photos of the damage ("no")
  • provide me with her address ("no")
  • let me see the damage on the day she takes the card to the garage ("yes")
• Called the police (again) and got hold of the lady's address, plus a commitment to send me the photos

As a side note, the description of the damage I got from the lady sounded a bit obscure ("minor scratches and small dent on the surface, but something broken under the bonnet"), so I think I'll have to start researching what happens if repairs are done beyond what's reasonable.

 

[Tomma]

Just a quick update on how this all ended:

- Got to see the car in the end and took photos of the damage
- Police fined me ~$400 for "negligent driving" (would have liked to see how this plays out in court, but won't go there)
- Smash repair place charged ~$2000 for the repairs
- Settled with NRMA over $1000

I'm not sure whether a settlement like that is something they normally do, or whether the push back described in my post above helped me to reach that agreement.

In summary, the material damage is now $1400, plus my precious road bike, but my knees have fully recovered, which is the main thing.

 

[GC.]

my knees have fully recovered, which is the main thing.

That's good news.

Got to see the car in the end and took photos of the damage

Was that arranged through NRMA or the driver?

Settled with NRMA over $1000

And the driver would have likely had to pay her excess since you didn't pay the full repair cost, so she didn't come out of the ordeal scot-free either.

Police fined me ~$400 for "negligent driving"

That's unfortunate. You should make sure that you don't have any demerit points added to your license, as I believe that the legislation only allows for demerit points when driving a "motor vehicle". You can check this online and the service NSW website (wait for a few weeks after paying the fine, as the points are only added when you pay)