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stiffsimon
28-12-2012, 01:49 PM
OK so I'm riding to work the morning. Stopped at the bank to get some money and whilst I was there I watched a couple of security guards taking bags of coins and loading it onto their van but bizarrely they were driving a Budget rent a van box van. Anyway they loaded up and set off down the street, I got my mmoney and followed them at the end of the street we're approaching traffic lights coming up to a feeder road for the freeway. Said FUCKIN van goes into the left filter lane and stops, I pull up behind him and stop waiting to follow him onto the feeder road when there is a gap in the traffic. Next thing I know his reverse lights come on and he starts reversing.
He hits my bike square on knocks me off and I fall under my bike on the right hand side and am trapped. Stupider person just keeps on going pushing me up the road underneath the bike. All I see is the back and underneath of the truck getting closer and closer and just waiting to get crushed underneath. Not a nice way to start the day.
Anyway I assume somebody got him to stop which he did before I ended up underneath. The Police were there almost immediately as were the ambulance and there were witnesses that saw the whole thing. Damage is mostly superficial but probably fucking expensive as it's a Triumph.

Anyway the reason for theis post is advice on what to do next. A few points that I think are worth noting though:
My bike isn't insured
The truck driver carried out an illegal manouver and I hadn't done anything wrong so am assumng that this is a "not at fault accident" on my part.
There was Police involvement and the TAC are involved.
I've been to the hospital and have been examined, X-Rayed and scanned with little more than minor soft tissue trauma.
I unfortunately didn't get names or statements from witnesses or the number of the truck as I was a bit in shock and then I was bundled away by the ambos.
Being an import I'm not too well versed on Australian traffic law. I'm going to contact TAC and get an "incident" number from the Police but I'm not too sure on what is the best way to handle this. Any advice fellas

Oh and by the way I almost laughed when I got the classic "sorry mate I didn't see you" Scrote.

RevHead
28-12-2012, 01:55 PM
when you get there details ,get a big quote,and send it on to the tool that reversed over you. glad your ok ,

BANDITROD
28-12-2012, 01:55 PM
get in touch with a lawer once you have the tac details and they will sort it all for you mate

stiffsimon
28-12-2012, 01:58 PM
Thanks Pete and Rod. Lawyers had crossed my mind just need to find a crew that are bike friendly

K6Thou
28-12-2012, 02:30 PM
Fuck mate glad to hear you're relatively ok....

What Rod said is spot on...

Heal quick eh.

hooligan
28-12-2012, 08:50 PM
is riding to work still covered by workers comp?
it was in 2006 when i got hit.

RevHead
28-12-2012, 09:57 PM
might be
. Journey claims - For employers, one of the most significant changes is in the area of journey claims, where an employee is injured while travelling between home and work while off-duty. Employees will now only be eligible for workers compensation benefits when there is a substantial connection between the person’s employment and the incident out of which the injury arose. What will constitute a “substantial connection”, however, will depend on the circumstances in each claim. Additionally, workers who are injured in motor vehicle accidents while travelling between their workplace and home may be entitled to compensation under the Compulsory Third Party Insurance (CTP) Scheme.
http://www.performhr.com.au/2012-nsw-workers-compensation-changes/

ALBI
29-12-2012, 06:17 AM
yes i know in nsw you are covered to and from but i dont know about vic ??

The crow
29-12-2012, 08:45 AM
Up here in qld i used trilby misso they are no win no pay .... they handled the whole thing for both a car and motorcycle accidents i have had.. they will do most of the work u just have to give all details and paper work u have and if needed go to doctor appointments and phsiyo as can claim more also... will take up to 12 mths to get money and they just took fees out of my final payout..... Hope this helps and good to hear u are ok

stiffsimon
02-01-2013, 09:17 AM
OK so I've just been to Maurice and Blackburn lawyers and they told me that they specialise in personal injury claims rather than property damage claims. They can pursue a property damage claim for me but they will charge me and I cannot claim legal fees back from the perpetrators lawyers unless it gets taken to a Magistrates Court,
The lawyer suggested that I get a collision report from the Police and then write a letter to the truck driver outlining the amounts I am claiming for and also to get a repair/replace assessment from three different sources to supports claim.
Problem is that the Police will not giver a collision report to enable me to get the drivers contact details unless I speak to the officer involved in the incident and even then there is no guarantee that she will provide me with these details when she gets back on duty tonight at 11pm.
Just off to Peter Stevens to get a quote.
Anybody got any suggestion as this is all new to me and yes I know I wouldn't need to go through all this if I had been insured

Cruisecontrol
02-01-2013, 12:38 PM
yes i know in nsw you are covered to and from but i dont know about vic ??

It depends entirely on your employer.
Post no longer covers employees to and from work.

El_Hefty
02-01-2013, 03:27 PM
The police non disclosure stuff is bullshit.

They have to give you the details as you were removed from the scene and you are entitled to the other parties details. Thats a road rule ie another fucking law. Parties are required to exchange details if the other party does not they are in contravention of the law. So in turn if the police do not give you their details as you were removed from the scene cause your soft, the police have to fill in the missing blanks.

Theres no grey in that

El_Hefty
02-01-2013, 03:45 PM
here you go

http://www.police.vic.gov.au/content.asp?Document_ID=683

fill that fucker out and they have no excuses

p.s. did any of the nurses/doc's/ambo's call you mate?

Redmohawk
02-01-2013, 05:44 PM
The police non disclosure stuff is bullshit.

They have to give you the details as you were removed from the scene and you are entitled to the other parties details. Thats a road rule ie another fucking law. Parties are required to exchange details if the other party does not they are in contravention of the law. So in turn if the police do not give you their details as you were removed from the scene cause your soft, the police have to fill in the missing blanks.

Theres no grey in that


Dead on the money !

EFE 1230
02-01-2013, 07:19 PM
p.s. did any of the nurses/doc's/ambo's call you mate?

if I was a copper and some grungy motorcyclist insisted he address me as "Mr Stiffsimon" I wouldn't give him a fuckin copy either...........

stiffsimon
02-01-2013, 09:53 PM
LOL you two Ha Ha Ha fair enough but when I did walk in and spoke to the police man he did address me as sir WTF