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Gobbo

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Yesterday while on a ride minding my own businessat 10:15am cycling from kyalami towards woodmead , having done 99km the f%#*en chop in a freelander wacks me on my right arm so hard the bike goes from under me , sideways , I go down on the tarmac :( Then I look down the road only to see a toyota speeding toward me , had to jump out the road :(

Thankfully I only have some bad bruising and swelling on my right arm and a little bruise on my right ass (that is slightly padded) .

Went for xrays etc all looks ok :) , dropped bike of at LBS to go over :(

The chop stopped thank goodness and now the procedure of claiming for everything starts :( had to report the whole thing etc :(

 

What are my rights etc ?

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Dang, that sucks. That's probably my biggest fear; to get knocked over from behind.

 

Just glad you're all good and respect to Mr Freelander for stopping.

Hope you get the bike sorted.

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Glad you are (mostly) OK.

 

Did you ask him how or why he hit you?

 

I think you are within your rights to return the favour i.e. stick him on a bike and buzz him with a 4x4.

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Dunno what your rights are, but at least you're OK. It amazes me that a) people don't know how wide their damn cars are, and B) why ****** like the Toyota can't brake - they think their hooters miraculously spirit any dangers / victims out of the way. PS: Use Arnica for bruises.

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Did you manage to get the licence plate? Either way, lay a charge of hit and run at your nearest SAPS. You could also claim from the road and accident fund. Need to do this all asap though.

 

My bad, didn't read the entire post properly ^_^

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It is crap you got hit.

Good thing is the freelander stopped.

I don't think you have much in terms of rights, just claim from your insurance

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in terms of the freelander hitting you - your rights are that he was negligent and as such he is liable for all your material damages (ie bike and kit etc). contact a 3rd party attorney as you are also within your rights to claim all medical expenses from the road accident fund as well as for pain and suffering if you have any permanent damage. in other words your rights are exaclty the same as if you were in a car.

 

very glad that you are ok.

 

as to the toyota - karma will get him - out of decency he should've stopped if he saw the accident and if he had caused any additional damage he would've been in trouble too.

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contact a 3rd party attorney as you are also within your rights to claim all medical expenses from the road accident fund as well as for pain and suffering if you have any permanent damage.

 

 

Very important point. Contact you medical aid now too. They may, like with what happened to me, refuse to pay anything until you have contacted a lawyer and given them an undertaking that their bills will be repaid.

 

Good luck.

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It won't really be a hit and run because he stopped.

 

You can claim medical expenses from the road accident fund but since you medical expenses are not likely to be high enough to be worth it.

 

As for damages to your bike you could claim from insurance or if they don't want to pay then the driver of the 4x4.

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If you are insured, then all will be well as regards your bike.

 

If you are not insured, then you need to lay a charge of Reckless And Negligent Driving against the Freelander driver. Once he is convicted (or pays the admission of guilt fine), you need to proceed with a civil case for damages.

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If you are insured or not that is seperate from the charge of reckless and negligent driving. So lay the charge with the police in any case.

 

Then do the lawyer thing with the RAF-don't hold ur breath and they will pay but very little-it depends on the extent of the injury.

 

If u or he has insurance then get the bike etc sorted and let him pay.

 

Glad you are okay-anything like that, that one can walk away from is a relief.

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Very important point. Contact you medical aid now too. They may, like with what happened to me, refuse to pay anything until you have contacted a lawyer and given them an undertaking that their bills will be repaid.

 

Good luck.

 

well that's crap! the medical aid should get the lawyer, in that case - good grief!

 

good luck dude, get well & back on your bike soon.

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Thank you all for all the advice and well wishes :)

I seem to be getting better and went for a folow up visit

today and the doc is happy with my recovery , LBS inspected the bike and say it is 100% (whew) so i plan to be back on the road by the weekend :)

Take care and happy safe cycling :)

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Yesterday while on a ride minding my own businessat 10:15am cycling from kyalami towards woodmead , having done 99km the f%#*en chop in a freelander wacks me on my right arm so hard the bike goes from under me , sideways , I go down on the tarmac :( Then I look down the road only to see a toyota speeding toward me , had to jump out the road :(

Thankfully I only have some bad bruising and swelling on my right arm and a little bruise on my right ass (that is slightly padded) .

Went for xrays etc all looks ok :) , dropped bike of at LBS to go over :(

The chop stopped thank goodness and now the procedure of claiming for everything starts :( had to report the whole thing etc :(

 

What are my rights etc ?

 

In 2007 I was knocked over by a completely drunk driver. Broke both my legs, my right arm and dislocated my shoulder. Four operations and 18 months later I started mountain biking and am still too nervous to get back on my road bike, although my original road bike now fits in a box a little bigger than a shoe box.

 

The state prosecuted and driver and he is now serving a two year sentence. I am busy claiming from him for my bike in a civil case but the case still continues. The driver is unemployed so cannot pay for the costs. My claim with the road accident fund is also continuing so it can be a long process.

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