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Entitlements after a crash.

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  • Entitlements after a crash.

    I was recently involved in a head on with a Rodeo ute, while riding my Husaberg. This was on the main Lano-Wedge track, about 5kms after the offroad carpark. The other party was on my side of the track, to avoid some ruts apparently and gave me no-where to go on a blind left hander. Rather than become a bonnet ornament, i put the bike down and ended up underneath the other car. The injuries from his sump guard hitting me are fairly major and are going to take some getting over.

    12 x broken ribs
    4 x fractured vertebrae
    fractured knee cap
    fractured hand

    The police attended and are NOT charging the other driver, even though my witness and the marks on the road confirm he was on my side.

    Has any one used the CPT insurance system and is it any good? It looks like i will need to claim on my insurance to cover my bike and gear damage. With injuries like these, i thought there might be something else i can get for time off work etc??
    95 Yamaha Diversion 600, 95 Triumph Trophy, 96 Kwak ZX9R, 97 CBR 900RR, 98 GSXR 600, 99 R1, 2000 ZX6R, 2004 CBR 1000RR. Too many offroad bikes to mention, but mainly orange ones!!

  • #2
    Rather than become a bonnet ornament, i put the bike down and ended up underneath the other car.
    Brave.

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    • #3
      I would start here Motor Vehicle Personal Injury - Insurance Commission of Western Australia

      Your CTP Policy does not give you any entitlement to claim damages for your own injuries. If, as a driver, you are injured and wish to make a claim, you must establish negligence against another driver/owner of a Western Australian licenced vehicle and claim against their CTP Policy.

      The Insurance Commission is obliged by law to meet the claims of injured third parties even though the driver or owner whose negligent driving caused the injuries may have breached the warranties and/or conditions of their CTP Policy, or the vehicle does not have current licence (i.e. is unlicensed and therefore uninsured).
      Being an Australian is not an excuse for being dumb and racist.

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      • #4
        Road Accident Compensation Australia - Yeah i just googled it and this popped up, freecall too. May be worth the read.


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        • #5
          i regularly drive that track and have ridden that track and not know the full info it sounds like you may have bee riding to fast for the conditions? just curious cos almost everytim I have ridden or driven that track people on bikes have flown by around the outside or on their side of the road on a blind corner.
          Originally posted by Rocket
          Hahah yeah, cos if there's one thing that scares the shit out of people, it's a bunch of 60kg computer geeks on GPX250's wobbling into a carpark.

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          • #6
            forget about the insurance commission and all that - just claim on your insurance and leave it at that. your insurance company will chase the other driver if they believe they were at fault.

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            • #7
              Originally posted by shmoo View Post
              forget about the insurance commission and all that - just claim on your insurance and leave it at that.
              A vehicle policy is not an injury policy.
              Being an Australian is not an excuse for being dumb and racist.

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              • #8
                Im not trying to put a downer on the situation, and i dont know the area, but is it a proper gazzetted road? I'm curious to know if laws and regs of traffic accidents are still valid on bush/dirt tracks?

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                • #9
                  So to confirm, this happened on an unlicensed vehicle, off-road? Or is your husky road-rego'd and insured?

                  If you have the other drivers details, I would consider contacting a Personal Injury Lawyer and discussing the situation and possible compensation with them, because IANAL.
                  Originally posted by polonY
                  Don't worry about shitting people off. Unless you ride a ninja 250 or a cbr250rrrrrr

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                  • #10
                    I have ridden that track 100+ times or more and would not say i was going to fast, other than i could not stop in time. I never expected a car THAT FAR on my side!!
                    95 Yamaha Diversion 600, 95 Triumph Trophy, 96 Kwak ZX9R, 97 CBR 900RR, 98 GSXR 600, 99 R1, 2000 ZX6R, 2004 CBR 1000RR. Too many offroad bikes to mention, but mainly orange ones!!

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                    • #11
                      Both vehicles were rego'd, so no probs there. My Husaberg has fully comp insurance, so i still have that route to explore.
                      95 Yamaha Diversion 600, 95 Triumph Trophy, 96 Kwak ZX9R, 97 CBR 900RR, 98 GSXR 600, 99 R1, 2000 ZX6R, 2004 CBR 1000RR. Too many offroad bikes to mention, but mainly orange ones!!

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                      • #12
                        Yep that one is play already. Just waiting for the coppers to supply me the other drivers details.
                        95 Yamaha Diversion 600, 95 Triumph Trophy, 96 Kwak ZX9R, 97 CBR 900RR, 98 GSXR 600, 99 R1, 2000 ZX6R, 2004 CBR 1000RR. Too many offroad bikes to mention, but mainly orange ones!!

                        Comment


                        • #13
                          I belleive the main track to Wedge is a Gazetted road, although i am checking that out.
                          95 Yamaha Diversion 600, 95 Triumph Trophy, 96 Kwak ZX9R, 97 CBR 900RR, 98 GSXR 600, 99 R1, 2000 ZX6R, 2004 CBR 1000RR. Too many offroad bikes to mention, but mainly orange ones!!

                          Comment


                          • #14
                            get all the info from the crash together and contact a personal injury lawyer, the time it takes for them to say there is or isn't something you can claim or sue for is usually a free appointment, most will collect their fee from your settlement so don't stress over cost and if there is a law suit it is against the CTP insurance not the other driver so don't feel bad if you end up chasing a big payout
                            Do you remember the good old days before the internet?

                            when arguments were only entered into by the physically or intellectually able.

                            Comment


                            • #15
                              Originally posted by ozzypatrol View Post
                              i regularly drive that track and have ridden that track and not know the full info it sounds like you may have bee riding to fast for the conditions? just curious cos almost everytim I have ridden or driven that track people on bikes have flown by around the outside or on their side of the road on a blind corner.
                              I have ridden that track 100+ times or more and would not say i was going to fast, other than i could not stop in time. I never expected a car THAT FAR on my side!!
                              95 Yamaha Diversion 600, 95 Triumph Trophy, 96 Kwak ZX9R, 97 CBR 900RR, 98 GSXR 600, 99 R1, 2000 ZX6R, 2004 CBR 1000RR. Too many offroad bikes to mention, but mainly orange ones!!

                              Comment

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