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Looking for advice as we are unfamiliar with how accidents & insurance in Australia are handled. My daughter was riding her bike in a designated bike lane when a small SUV cut into the bike lane to make a turn. She was thrown onto the hood of the vehicle and then off onto the road. Fortunately, a nurse was on the scene and drivers, pedestrians and fellow bikers all stopped to assist. Police and medics both called to the scene. She had some difficulty breathing as the wind was knocked out of her. Originally felt battered, but did not think anything broken and she was not bleeding. Police drove her home. She went to the doctor the next morning for a physical and was diagnosed as having a concussion and being very lucky. She has a great deal of bruising to her body. Three days later when she rolled over in bed she broke a rib. Went to the dr. again and he confirmed it is broken and is no doubt related to the hit she took. Her bike is totaled and she missing days of work - unpaid. In addition to lost wages and no longer having a bike, her helmet is unusable and since she cannot ride or walk to work she will need to take a taxi or use Uber - another expense. What recourse does she have? Someone told her that since she did not go directly to the hospital she may be out is out of luck. I understand that there is some insurance that may help with the bike, but it is unknown if it will be the current or replacement value. Any guidance on how to proceed is appreciated. Photos of the bike and SUV were taken. The crash resulted in a broken front windshield and two large dents to the vehicle. This was a hard hit - thank goodness she was wearing a helmet. Thank you.
Still looking for help. Daughter has written three letters to the person who was driving the car that hit her. The worman has basically said she is not interested. Daughter is still seeing doctor for her broken ribs and needs to be compensated for her bike, helmet that was ruined & now unusable. There are witnesses and a police report. What can be done? Australia's system is very different from the U.S. and she is unsure how to proceed.
Where is your daughter living and where is she now?
Where are you located?
Why can't you make these inquiries on the spot (if you are there)? Aren't there co-workers, friends or neighbors who have this knowledge or can direct your daughter to people or agencies that could advise her?
Every registered vehicle in Aus pays 3rd party personal injury insurance (known as a green slip) before a vehicle can be registered (& getting quite expensive thanks to Middle Eastern immigrant organised scams)
Just call a solicitor who specialises in 3rd party accidents & they'll do the rest.
Still looking for help. Daughter has written three letters to the person who was driving the car that hit her. The worman has basically said she is not interested. Daughter is still seeing doctor for her broken ribs and needs to be compensated for her bike, helmet that was ruined & now unusable. There are witnesses and a police report. What can be done? Australia's system is very different from the U.S. and she is unsure how to proceed.
Sorry to hear about your daughter's predicament, but glad it wasn't more serious than a broken rib and it sounds as though she is on the mend.
She needs to send the driver a letter of demand for the damage to the bike. If the driver has third party property insurance then her insurer will pay, if she doesn't then your daughter will need to sue her. There is no point continuing to send the driver letters. She needs to send one letter of demand with the amount your daughter is claiming to replace her bike, with a fixed period for how long the driver has to respond (14 days is typical) and the absolute threat of legal proceedings being commenced. If she still doesn't play ball then file a claim for damages in the local court.
As far the medical bills and lost earnings this should be covered by the driver's compulsory third party insurance. How this is handled will depend on the state the accident occurred in. She needs a copy of the police report or at least the event ID (she'll also need this if she has to take the driver to court).
Here is an example of making a CTP claim in NSW. There is no requirement to have been transported to hospital in order to make a claim.
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