Accident..What are my options? Legal or otherwise!

[pedal menace]

Hi All,

 

I would like some advice from all the hubbers out there (even better if some of them can offer legal advice). Yesterday morning I was on my usual morning ride in the Centurion area in preparation for the Sani2C. As a note, I have a Ryder light up front (1000 lumens) as well as a really bright rear light. Safety first! As I crossed an intersection (my light was green BTW), and elderly gentleman decided he was simply going to turn right at the intersection and me as the cyclist was interfering with that decision. I got hot by his car in a big way. I do not remember much, only me being hit and then flying through the air. Needles to say...the car won and I lost..badly. Ambulance was on scene very quickly. Miraculously I suffered no broken bones. Paramedic could not believe it! Just one severely bruised body with roasties as proof. And the person who hit me simply said..sorry it is my fault I did not see you. I have eye witnesses that saw everything. One lady even hooted at the man as she saw him coming and that an accident was imminent. Alas, I was in his way! However, there was one casualty! My R50K+ bike is in pieces. History! Pictures will be attached. Here is my question! Do I have options here to address my loss? My bike is unfortunately not insured (well not outside the house). The driver who hit me does have insurance (Outsurance). Is there any way I can claim from this man? In any way? It is his fault 100%. I have not yet been to the police to open a case...been pretty much on my back since yesterday.  Should I even? Any advice will help. Kind Regards to all. 

 

 

[Rudi Pollard]

I had a similar incident in December. The driver also admitted guilt on the scene and promised to reimburse me for all my losses either through his insurance or personally.

 

First option is for him to admit guilt to his own insurance and have him claim for your losses through third party. In my case they made a ridiculous offer to cover about 15% of my damages.

 

Since then I have had to get lawyers involved as the guilty  party is not very keen to part with R115k. I have sued him in his personal capacity for all my damages. The bike was a write off along with my helmet and cycling kit. I added my medical expenses to the claim as well.

[V12man]

Glad you are in 1 piece - could have been worse.

 

If you intend (or might intend) to sue him for damages, then make sure your medical team completes (properly) a medico legal form - obtainable from a police station, and some hospitals also have them.

 

The form you want is a J88 - make sure the practitioner completes it fully and legibly - and don't wait long after the accident before getting it done. - 3 days max - because bruises and aches fade quickly.

[pedal menace]

Hi Rudolph..thx for the feedback. Should I contact the person who hit me and ask whether he registered a claim for my bike as well? The question though is...what are the chances of success should you sue in you personal capacity? Lawyers are not cheap and unless you have a very high chance of success this could turn into an even bigger loss for you as you will sit with all the legal costs. 

[L46]

Step 1: Open a case at the police station.  I think you have 24 hours to do that.  If you don't have a case number your claim will go around in circles and the lawyers at the insurance firm will bounce on that.  Even if the other party admitted it was their fault, open a case and state that in there.

[pedal menace]

Hi V12Man..this may sound strange but I am willing to forego the medical expenses. Right now with some rest I should recover fully. Thank God for that. I am more interested in addressing the loss of my bike. Yeah I know us riders tend to worry about our bikes first, body second. What are my options there? Thank you so much for your feedback and best wishes!

[Bateleur1]

As L46 said.  Step one report the case to the police asap.  Step two would to get a lawyer just to draft the statement you attach to your police report.  They tend to close many loopholes that the insurance can try and bite you on later.

 

Follow up with the witnesses and ask them wether they would be willing to make statements and testify should it come to that point later.  Save their contact info.

 

Reality is that you will not get any futher assitance from the police so you are 99% sure to lawyer up and then try and claim from his insurance and if that fails put a direct claim against him.

[Bateleur1]

** double post ** 

[Rudi Pollard]

Hi Rudolph..thx for the feedback. Should I contact the person who hit me and ask whether he registered a claim for my bike as well? The question though is...what are the chances of success should you sue in you personal capacity? Lawyers are not cheap and unless you have a very high chance of success this could turn into an even bigger loss for you as you will sit with all the legal costs. 

yes contact him directly and let him speak to his insurance company. In the meantime take your bike to your LBS and get a full damage and replacement quote.

 

The lawyer I used is a personal friend. Obviously there is costs involved but that was included in the 115k claim. I am still busy with my claim against him as we have jumped through all the loops and gave the other person more than enough time to either settle or defend himself which hasn't happened. We are now waiting for the default judgement against him...

[V12man]

Hi V12Man..this may sound strange but I am willing to forego the medical expenses. Right now with some rest I should recover fully. Thank God for that. I am more interested in addressing the loss of my bike. Yeah I know us riders tend to worry about our bikes first, body second. What are my options there? Thank you so much for your feedback and best wishes!

I think having it done just helps your case if you do land up in court - but I am not a legal person at all - just filled in lots of those forms over the years.

[GrahamS2]

You have 3 options to recover your losses: First is to get his insurer to pay - since it's Outsurance the odds of that happening successfully, or in full, are very low. The second is to claim from him in his personal capacity, in or out of court. The third is to claim from the Road Accident Fund, which will take some time but they do pay out. A J88 form is vital for this option.

 

There is also the option of a combination of any of the above. RAF tend to cover medical costs well, while the other 2 would focus on the material losses (your bike). Either way, open a case, get the medical done and build a strong case against him.

[dirtypot]

I think having it done just helps your case if you do land up in court - but I am not a legal person at all - just filled in lots of those forms over the years.

 

Legibly?    

[Rudi Pollard]

The RAF will only cover your medical costs. I spoke to RAF lawyers and their advice was that if your medical cost is below R10k, it is not worth the effort as they take a portion, and to lodge the claim costs in the region of R3k. So under R10k you will not really be getting much back for your time and effort.

[GrahamS2]

The RAF will only cover your medical costs. I spoke to RAF lawyers and their advice was that if your medical cost is below R10k, it is not worth the effort as they take a portion, and to lodge the claim costs in the region of R3k. So under R10k you will not really be getting much back for your time and effort.

Medical costs and loss of income.

[Sitting@89]

The RAF will only cover your medical costs. I spoke to RAF lawyers and their advice was that if your medical cost is below R10k, it is not worth the effort as they take a portion, and to lodge the claim costs in the region of R3k. So under R10k you will not really be getting much back for your time and effort.

The RAF is there to cover your loss in terms of earnings (past and future) which in this instance sounds like none. General damages (for pain and suffering) which in this case again will be negligible, and lastly medical expenses.

 

The other portion of the claim would be a material damages claim, ie your bike there are attorneys out there that will take on cases like this against insurance companies and recover their costs from the third party insurer.

 

My advice willing be to get a J88 completed as V12 suggested, even if you have no intention to recover medical expenses it will help to prove your case.

 

If you would be interested pm me and I will send you the details of an attorney that will take on your case.

[Stoffel76]

Have your bike assessed by a bike shop and get them to give you a written report that states the extent of the damage and if the bike is repairable or not and then also a quote to either repair or replace with nearest equivalent model bike. 

 

Then write a letter of demand to the driver who hit you that includes the following:

- Time, date & place

- That you're holding him liable for your damages

- That you're not insured for your damages

- The cost to repair replace

 

He should then forward your letter on to his insurer.  They will make you jump through hoops and ask for other info and documents, but should then sort you out.  Although expect them to find any and every reason to pay you less and it will take time to sort out... 

 

If you want, PM me your email address and I'll send you a fill-in-the-blanks type letter of demand that you can modify.