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Posted (edited)

Today I was hit by a car, went over the bonnet as the car crossed my line to enter a drive way.

 

Hit the deck at about 40 kph. Reported the accident to the police, got a case number. Then off to the hospital for a once over and a few x-rays. Leg in a brace, face grazed and lots of soft tissue damage all over. As for the bike, it has a few scratch marks to the stem, saddle and levers plus damage yet to be assessed. My polar is no longer working.

 

Driver has insurance. My damage is in the area of R15000.

 

Any advice on the best way to recover costs of the bike, medical and apparel?

 

Thanks

Edited by BMXER
Posted

I don't know this as a fact, but if you rode into his car, it is implied that you were behind him on the road... Would that not give him right of way and you would therefore be liable for the damage you caused? I'm purely speculating here - assuming we have to follow the rules of the road then the person in front has right of way I would think (if he passed you and then turned then I would guess it is negligence on his behalf which is a different story entirely). Alternatively, I am completely wrong, you were on the opposite side of the road and he effectively hit you head on?

Posted

Medical you can claim from RAF long drawn out process though, if you have insurance claim from them and let them claim from the driver or his insurance otherwise speak to driver.

Posted

I don't know this as a fact, but if you rode into his car, it is implied that you were behind him on the road... Would that not give him right of way and you would therefore be liable for the damage you caused? I'm purely speculating here - assuming we have to follow the rules of the road then the person in front has right of way I would think (if he passed you and then turned then I would guess it is negligence on his behalf which is a different story entirely). Alternatively, I am completely wrong, you were on the opposite side of the road and he effectively hit you head on?

 

I was in front until the vehicle turned into me. Saw the car with no time to stop. Over we go.....

 

RAF would be a long process, I would like to pass the onus to the driver.

Posted (edited)

Sorry to hear ! really dis-like 4 wheels :cursing:

 

Ouch! One big bikes accident. It happened in 2008 in Matamoros, in Mexico at a family bicycling tour. According to newspapers, the driver was on drugs when it happened.

post-36172-0-69575900-1342887846.jpg

Edited by greenlight
Posted

Today I was hit by a car, went over the bonnet as the car crossed my line to enter a drive way.

 

Hit the deck at about 40 kph. Reported the accident to the police, got a case number. Then off to the hospital for a once over and a few x-rays. Leg in a brace, face grazed and lots of soft tissue damage all over. As for the bike, it has a few scratch marks to the stem, saddle and levers plus damage yet to be assessed. My polar is no longer working.

 

Driver has insurance. My damage is in the area of R15000.

 

Any advice on the best way to recover costs of the bike, medical and apparel?

 

Thanks

 

Sorry to hear about your misfortune.

 

Your damages:

 

Medical and related costs will be a claim by yourself via an attorney against the Road accident fund, the driver of the car is not involved here, you have to initiate the claim.

 

The damages to your bike and equipment is a claim against the driver. If your stuff is covered by your short term insurance, you file the claim with them. They will pay you and might try to recover from the driver. If you are not insured, get quotes and send it to the driver and ask nicely that he reimburses you. If he does not pay, you can also see an attorney or you can claim via the small claims court. I am not sure what the maximum amount is that one can claim there, it use to be R 7000.00, but it might be higher.

Posted

Medical you can claim from RAF long drawn out process though, if you have insurance claim from them and let them claim from the driver or his insurance otherwise speak to driver.

 

As far as I know about RAF there are a few options which you can claim for. Loss of life, loss of income as a result of accident and minimum of 1/3 loss of use of limb or bodily function and claim for medical expenses. As for the loss of limb or quality of life they will assess that only 18 months after accident and a doctor of their choice does assessment which you pay for upfront. Short story, its a long drawn out story and unless you came off really bad its pointless claiming.

Posted

Medical you can claim from RAF long drawn out process though, if you have insurance claim from them and let them claim from the driver or his insurance otherwise speak to driver.

 

Took me 7 years and a few court dates to get my medical and injuries sorted out....but it was worth it in the end.

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