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

[eddy]

 

Your best bet would be to open a criminal case, 

 

 

This is not a criminal matter. What would the criminal offence be ?

[Dirkitech]

Yes you can. I had a similar incident many years ago. My injuries were slight as I was very lucky ( full 360 front flip over car bonnet) but I still succeeded with an insurance claim for some bent bike parts and a RAF claim for my injuries. 

 

Insured or not, the driver of the car is liable and you have a claim for the damaged bike against him, just as if you had been in a car and he caused the accident. You may also have a RAF claim in terms of the Act for your injuries, but these are more limited than in the past due to amendments to the Act.

 

Good to hear that you survived with no broken bones. 

did you submit the RAF claim by yourself or through a lawyer?

I was in a car crash and have been told by several lawyers I have a case, just not big enough for them and they advised me to try it by myself, which is my current situation!

 

Sorry for the mini hijack OP!

[Headshot]

First off: glad you came out mostly unscathed. 

 

Now, sorry to be a party pooper, but you're bike may have been R50k+ when new, but that would not be the case at present (its a heavily depreciating asset). A bike like yours would sell for less than R20k on the 2nd hand market, if you're lucky. 

 

Your best bet would be to open a criminal case, get your J88 completed and start hounding the driver and his insurance for compensation of damages for both your bike and medical expenses, if any. 

No, that should not be necessary. You would have a claim for the replacement of the bike, as new. I didn't get a second hand fork and saddle for my mtb after the fork one was bent in the accident I had, after all.

Edited April 4, 2018 by Headshot

[Headshot]

did you submit the RAF claim by yourself or through a lawyer?

I was in a car crash and have been told by several lawyers I have a case, just not big enough for them and they advised me to try it by myself, which is my current situation!

 

Sorry for the mini hijack OP!

I am an attorney, which obviously helped. Its an administrative procedure and supposed to be more user friendly than ever. I suspect there are forms to download which you could easily complete yourself.

[Robbie Stewart]

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. 

 

Having gone down this road with 3rd party claims before, you need to ASAP get a police case number, as this is a mandatory requirement when lodging a third party claim against insurance.

 

You could try the route whereby you ask your insurance to claim your losses from Outsurance, using your insurance co's legal department. This worked for me, but it took almost 24 months before I got my money back (A truck drove into my car while parked) You will wait a long time, but you should get your money. Insurance co's generally like to mess with each other, rather than take the knock themselves. But then you need to also be sure that your legal council from your insurer is able / willing to assist. (In saying this, they should.)

 

Or you could go the route whereby you claim from him directly, insisting that he lodge a 3rd party claim for your damages (health and bicycle). This could also end up badly if he decides to shirk his liability.

 

I would not leave this pending whichever route you decide on, as it can/will have a detrimental effect on your claim. Also, since your bike is not insured, your better recourse may be to go the direct route, with all it's risks attached. Just don't lodge two opposing claims, as this will get you blacklisted.

 

But first, GET THAT SAPS CASE NUMBER...it was a M.V.A., and by law he is culpable.

[Robbie Stewart]

did you submit the RAF claim by yourself or through a lawyer?

I was in a car crash and have been told by several lawyers I have a case, just not big enough for them and they advised me to try it by myself, which is my current situation!

 

Sorry for the mini hijack OP!

 

My in-laws were in a vehicle accident in 2011 where my mom-in-law passed. The old man literally got notice from his lawyer 3 weeks ago that his RAF claim is successful, and they have decided to settle out of court. It took almost 7 years.

[pedal menace]

Send the letter to him and CC his insurers as he is the responsible party. If he does nothing a summons against him, not the insurance company would be the next step. 

 

You need to quantify the claim accurately and be able to justify each amount claimed - for the bike or if the whole bike, why its a write off and you are claiming full replacement cost. 

 

PM me if you need some advice. 

PM Sent

[Milosh]

My bike is insured on the replacement value and not current market value, would expect you'll be better off with the same.

 

edit: saying this because instead of current market value like a depreciating car, claiming for replacement value is like having your 2013 ford fiesta written off and claiming for a new 2018 ford fiesta, as far as I understand the process mentioned by my insurance broker.

 

off topic , but this is not the case with insuring bikes, you insure for the new replacement cost 

 

I don't personally agree, as i bought mine second hand and would more than likely replace 2nd hand 

[scotty]

Good luck trying to claim from Outsurance. My fiance was rear ended by one of her colleagues (insured by Outsurance) coming out of their workplace who admitted it was his fault. They agreed that she will claim directly from them without claiming through hers. Outsurance refuted the claim stating their client was not at fault as the road was in bad condition and that she should rather take the cost for repairs with the road agency. She reported it to her insurers and viola Outsurance promptly settled it. 

[Rata-tat-tat]

This is not a criminal matter. What would the criminal offence be ?

I suspect it's typing for the sake of typing.

[Odinson]

This is not a criminal matter. What would the criminal offence be ?

 

Reckless/negligent driving with a alternative charge of inconsiderate driving.  

Edited April 4, 2018 by Odinson

[Odinson]

I suspect it's typing for the sake of typing.

 

Mwah! You just love me, don't you? 

[Rata-tat-tat]

Mwah! You just love me, don't you?

https://youtu.be/KOhelSakWNI

[i24]

Slight warp of the thread. Checklist of what to do if you get knocked off your bike:

 

On the scene:

- Check for injuries. Provide first aid, Call for ambulance.

- Get the drivers name, phone number and e-mail

- Photograph hers/his drivers licence.

- Get the car registration

- Photograph the licence disk and plates.

- Get names and contact details for any witnesses. Very important if the colour of a robot is significant.

- Make a note of the exact location, street names, house numbers, etc. Take photos.

- Make a note of injuries.

- Make note of which vehicle was traveling in which direction, where on the road the point of impact was and where the vehicles came to a standstill. Take photos.

- Make note of any skid marks. Take photos.

- Make note of damage to the vehicles, take photos. Also check and photograph condition of tyres.

 

Afterwards, ASAP:

- If you are injured, go to a Doctor and get a report on form J88.

- Report to a police station. Get a case number. Note all the details from above and give them a copy of the J88.

- Contact the other party and get their insurance details, if you do not have them already. Advise them to report it to the police as well.

 

Later:

- Get 3 quotes for damages to your cycle.

- Document your medical costs.

- Submit a claim to the other party, cc their insurers. Attach 3 quotes and claim for the lowest amount. Note your claim is against the driver, but the driver will have a claim against their insurance.

- If warranted submit a 3rd party claim for your injuries.

 

Notes:

- Keep copies of all documents. Scan them and keep them handy as you will likely have to re-submit them many times.

- Also keep the photos, till you need them.

 

Then:

- Phone the other party's insurance, phone them every two weeks or so. Keep both parties in the loop but try deal directly with the other parties insurance. Nothing will happen if you do not keep chasing them.

- Be prepared for them to come back and say it was partially your fault with an offer of a partial settlement. Be ready to argue. The better you documented everything up front, the better position you will be in when it comes to the fight.

 

Please add comments to the above.

 

I have successfully managed to claim for car dents on a few occasions. It is a lot of effort, but generally worth it. If you have your act together, your claim is reasonable and you are persistent, you should get paid out eventually. But it is a lot easier if you have a broker to help you.

 

[pedal menace]

Hi All,

 

Well I spent most of yesterday compiling an encyclopedia of documents and this morning submitted everything to Outsurance as a 3rd Party claim. The evidence of negligence of the part of the driver is overwhelming but as you all said...they will find some reason to state it is not all his fault. Now it is a matter of hoping I get something out of this. Even the driver's wife phoned me yesterday and stated she knows her husband was guilty and she can only assume her insurance company will pay out. Let's hold thumbs! At least today for the first time and can walk around a bit with less pain. Arrghhh..I want to train again! I hate sitting around!!!

[Tabula Rasa]

When i got into Cycling, i just didnt imagine it would be THIS dangerous.

 

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