E: A crash course

The incident happened about 6:15 pm, Monday May 1, 2006. Practice is on, but my regular “driver”, my back-up ride nor my coach can take me this day. I therefore ride my bicycle all the way up to Bundoora (30 + minutes from Brunswick where I live). It’s busy traffic, raining and dark, but I have my blinking front lights and tail lights on. I am riding my bicycle along the bike lane, when a white car from supposed to be yielding suddenly cuts across my pathway from a side street. I have no chance at stopping and smashes right in the front. The next thing I remember is tumbling on the ground, head first. The helmet is splintered, but did not shatter. My legs have a line of bruises across, probably from hitting the paved curb, and two bruises are a bit painful. My right shoulder feels battered. My right hand and underarm display abrasions. I am a bit shaky, but not in major pain.

There are two male witnesses there, who make sure we are both all right, hear that the lady driver apologizes for what happens, it was made clear that it was her fault and not mine, and make sure she gives me her details. I also get the contact info of one of the witnesses. Not really familiar with how things work, and probably unwilling to admit that I was in any kind of shocked stage, all I can think about is my soccer practice. I do not seek medical help, but cycle to practice and complete it, although my legs hurt a bit.

When I return home later that night, I realize that my digital camera had been in my bag and is broken. A trip to a bike shop the next day reveals that seat and helmet needs to be replaced and both wheels straightened.

The real story is what happens next. I call the lady Tuesday night to tell her that I am still physically ok, but my bike needs to be fixed and my camera broke. She is happy that I am ok, but says that the camera will not be covered by the insurance, as it’s a personal item (i.e not the vehicle) and they will not pay for it. Then her husband, who was not in the accident, takes the phone and is the communicator from that moment and in the couple of conversations that followed. I am not an easy person to break, but I have to admit that I found his rhetoric intimidating. Although he claimed to treat me “more than fair”, he mentioned insurance fraud and my desire just to want a new bike and a new camera (which, since I didn’t mention right after the crash is probably made up). “What’s next; are you going to say you had a TV in the bag too?” and “If you cycled from the incident, that says to me the bike was fine”. The first night he gives me an ultimatum saying he can come and pay 100 dollars for the fixing of the bike (the quote was more) and be done with it all, or “you have to take it with the insurance”. Unsure how to handle the situation, not wishing to cause trouble and unaware of my rights, I hesitate a bit getting the reply “Oh, you are out of words. I thought you were a uni student”.

The following day I speak to a legal adviser/solicitor at uni to hear my rights. She gives me confidence in that I have all rights on my side, and am entitled to have things restored to the condition it was before the accident. I get a written quote from the bike shop, but did not have time to get to check the camera. The husband on the phone now says he can pay for the bike, but wants to come with me to the shop when it’s turned it to settle it. That implies being over and done with everything. I say that it is fine if he wants to pay for the bike, but still want to wait for a quote for my camera – if it can be fixed. “I don’t care if your camera is 10,000 or 10 dollars, I am not giving you a penny” is the reply. Moreover; “If you want something for the camera, you have to take me to court”. It was not really any sympathy for my damages, just talking of what I could proof, that they mysteriously had some witnesses AND had allegedly been taping the conversation where I admitted I did not take up my camera at the site, in the rainy dark (which is true, as I wasn’t aware that the camera was there at the time).

Thursday I talked to the solicitor again. She says I can settle if I want, but thinks I will at least gett he money for bike if I pursue the case further with her help. We agree that she takes over all communication and proceed in a legalistic manner. I am just happy to not talk or meet the other party, who gives me the impression that I am the guilty one. I also get a camera shop to tell me the camera is not worth fixing and a police statuary declaration describing what happened. To wrap up, a letter will be sent, formally describing what happened, my rights and a claimed for being restored. The reply will determine further action. I will update the matter when the outcome is clear.

What important points to draw from this “crash course” - literally? Firstly, always wear a helmet! And in Australia it is fortunately the law. Secondly, not all people are nice people. Thirdly, in an accident, always get the necessary details and agree on what happened right there on the spot on the spot. Fourthly, at the end of the day it is only money. Things could have gotten much worse, and I thank God I only have economic issues to deal with in the aftermath.