Taken out !!

[PYGA1]

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.

 

Were you by any chance hit on North Rand Road in Boksburg?

[Gobbo]

I have just been informed by the @#$#%& who hit me insurance company , that they wont be paying my claim as their client says " I swerved infront of his vehicle " I mean really do you think I would be sitting here right now if I had swerved infront of Landrover Freelander travelling at 75+ kmh , he hit me with his side mirror , knocking me clean off my bike , so I contact the #%&%#@ and he says you where riding in the road ! I say I ride a road bike where do you want me to ride it ??? Time to hand over to the pro's.

Let their be justice !!!

[marcfr]

Were you by any chance hit on North Rand Road in Boksburg?

 

Yip that's me!

[slowpoke]

gobbo, take a deep breath and read...

 

they will ALWAYS attempt to deny liability. write them a letter (nice officious wording such as "inter alia" and "notwithstanding" etc) and refer to the case number (please tell me you reported it) and state the facts categorically. just remember that this fight will/may take a long time.

 

it took almost 2 years despite 2 other "victims" and about 3 independant witness statements to get my car crash claim paid out by the #$%^&*s insurance when a navara swung into me without indicating and flipped my car.

 

in a "he says" "she says" argument the method employed by the majority of saffers (colour not being a factor here) is that he who shouts the loudest and longest usually wins...

 

ie don't give up

[GrumpyOldGuy]

Honestly, everybody is quick to use the legal thing.

 

Fact is its a long process and its expensive, if you want to go that route, dont expect anything to happen until 24 months or more have passed.

 

Just claim from your insurance, they will do the necessary if they feel its worth it.

 

If you are not insured, and are claiming against his insurance, they will take his side, this is natural, your insurance would do likewise, if they refuse to pay, you will be obliged to fight the matter, this can take years, so expect to wait for any compensation.

 

If its a small amount (under 5k) my suggestion is just suck it up, pay for the repairs yourself and move on, it will cost you more than that to get to court. Believe me.!

[scotty]

2 years ago i was side swiped from the rear by a furniture truck who's driver failed to allow space for the extended side mirrors. Got a call later from the truck owner claiming his driver said i swerved in front of him and wanted me to pay for the damage, unfortunate for him there were witnesses and amongst them was a lawyer, never heard anything since.

 

On advice from my medical aid i went RAF route, which is turning out to be a long slowwwwww process.

[javadude]

Honestly, everybody is quick to use the legal thing.

 

Fact is its a long process and its expensive, if you want to go that route, dont expect anything to happen until 24 months or more have passed.

 

Just claim from your insurance, they will do the necessary if they feel its worth it.

 

If you are not insured, and are claiming against his insurance, they will take his side, this is natural, your insurance would do likewise, if they refuse to pay, you will be obliged to fight the matter, this can take years, so expect to wait for any compensation.

 

If its a small amount (under 5k) my suggestion is just suck it up, pay for the repairs yourself and move on, it will cost you more than that to get to court. Believe me.!

With old grumpiness comes great wisdom.

[Gobbo]

gobbo, take a deep breath and read...

 

they will ALWAYS attempt to deny liability. write them a letter (nice officious wording such as "inter alia" and "notwithstanding" etc) and refer to the case number (please tell me you reported it) and state the facts categorically. just remember that this fight will/may take a long time.

 

it took almost 2 years despite 2 other "victims" and about 3 independant witness statements to get my car crash claim paid out by the #$%^&*s insurance when a navara swung into me without indicating and flipped my car.

 

in a "he says" "she says" argument the method employed by the majority of saffers (colour not being a factor here) is that he who shouts the loudest and longest usually wins...

 

ie don't give up

Thanks for the advice slowpoke I have contacted my attorney and we will see what happens next

[Trackie]

Don't expect anything in a hurry. I was knocked off my bike over five years ago and the civil case and RAF matter is still ongoing!

[Gobbo]

there is always the "old school" route if all fails

[Arkadion]

I bought a helmet cam a little while ago to take some cool vids of MTB'ing in all the areas we visit.

 

After a couple of close brushes with traffic even on WIIIIDE sand roads around the neighborhood I realised just how handy one of these things could be should something like this happen.

 

Just a thought

[pastapouch]

I bought a helmet cam a little while ago to take some cool vids of MTB'ing in all the areas we visit.

 

After a couple of close brushes with traffic even on WIIIIDE sand roads around the neighborhood I realised just how handy one of these things could be should something like this happen.

 

Just a thought

thought of the same thing, with a small camera mounted to face backwards... record while riding.

They have something on menshealth on cameras used by the Epic(?) guys to record on the bike.

[slowpoke]

gobbo, you could've help off on the attorney thing for now - he's gonna charge you for each letter he writes or call he makes and it's still gonna take ages! but at least you aren't going to let it go - the more people who make the effort to stand up for their rights the greater the chance that one day it might be automatically enforced by the law

[levett]

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 ?

Sorry to hear your 'mishap' - I hope everuything works out! As you said, at least he did the honerable thing in stopping!

Where abouts was it? I cycle to work once a week, and turn out of Sunninghill (Maxwell Drive?) by Megawatt Park and cycle along Woodmead drive, across the M1, and to the Old Pretoria Road - the 'yellow lane' markings are very worn (due to traffic), and the yellow lane is 'just another lane' with many cars and taxi's using. Were you hit further towards Kyalami?

Best wishes for the recovery and the 'repairs' - my guess that you'll feel it most tomorrow, and for the next few days.