ACCIDENTAL CYCLING

It’s better, of course, not to crash in the first place. To a certain extent, this is in your hands:

• Obey the road rules wherever possible - if you’re unsure what these are, there’s a code written specially for cyclists (“The Bike Code” available from Whitcoulls).
• Ride predictably and considerately.
• Be assertive, but avoid confrontation with other road users.
• Wear a helmet - it will offer some protection and if you suffer head injuries while not wearing one, this may affect the outcome of a court case. This doesn’t mean it’s OK for a motorists to run over helmet-less cyclists, but your failure to wear one may be a mitigating factor for the motorist if your head is injured.
• Be visible - use lights and light-coloured clothing at night and reflective gear at all times.
• Keep your bike in good working order - an estimated 10% of cycle accidents are caused by mechanical failure.
• Report major hazards for cyclists (obstructions on cycle lane, potholes, dangerous gratings etc.) to the authority responsible for them so others don’t get hurt.
• Cycle defensively - don’t assume other road users have seen you.
• ACC covers many of the costs associated with personal injury, but not property damage. Give serious consideration to insuring yourself and your bike. You can’t assume others will have third party insurance - it’s not compulsory (but it should be). Cheap cycle insurance (including third party) is available to CAN members from the Cycle Safe Club of Australasia. Contact CAN for details.

But just in case...

• Get name, address, telephone number, vehicle registration number/make/description, and insurance details of the driver of any vehicle involved in the crash.
• Do not admit fault on the spot. If you’re shocked or injured, you may say the wrong things.
• Get names and addresses of witnesses if you can. One is enough, but the more the merrier. If no witnesses stop, note the registration number of a passing vehicle if you think its driver saw the accident. The police will follow this up.
• Ask bystanders if they have a camera with them - this is a long shot, but a photo of the crash scene, damage and injuries will be useful in settling any disputes.
• If you are injured go to the doctor or outpatients if in even the slightest doubt about your condition (get a receipt for any expenses). Get a full medical checkup: you may not be aware of the full extent of any injuries, and a medical report might be needed in pursuing a compensation claim.
• If you are injured or your property is damaged, get the Police to turn up (or go to the Police station if they don’t). This is important: cycle crashes are vastly under-reported. The police and those providing for cyclists need a clearer picture of the nature, location and causes of accidents to design and target cyclist and driver education, alter road layouts, provide cycle facilities, and change laws where necessary. Better reporting will provide impetus for better police enforcement (of both cyclists’ & motorists’ behaviour. Report a crash even if it was caused by a hazard like a pothole, especially if you intend claiming compensation.
• At the police station, fill in an accident report form. Tell the police what you want them to do about it. Even if there were no witnesses to the crash you can still ask to police to take action (e.g. visit the guilty party at her/his workplace to issue a warning). The officer on duty has no authority to decide whether the police will pursue your case, so persist. Ask the police to contact you to tell you what they’ve done.
• The Land Transport Act 1998 places the same obligations on cyclists and motorists to stop after a crash, ascertain if anyone has been injured and, if so, to render assistance, and to report property damage to the owner (or failing that, the Police). This includes crashes that don’t involve a motor vehicle (e.g. crashes between two cyclists, or a cyclist and a pedestrian).
• At the crash scene, check your bike over thoroughly. Take it to a cycle shop if you’re unsure if it’s safe to ride. If your helmet hit anything with any force, replace it - don’t use it again.

Who pays?

• Write to your or the other party’s insurance company with a claim for damages: this could include bike repair costs, postage & toll calls, cost of public transport or taxis needed while you recover or your bike is repaired, any medical/physio costs not covered by ACC, legal costs. Keep receipts for all these things. If you disagree with a settlement offered to you, say so. Get alternative quotes. Don’t put up with being told where you have to shop for replacements.
• If your crash was caused by a hazard such as a pothole or a drain grating, find out who is responsible for it (e.g. by ringing the Council). Give the exact location of the hazard (photograph or measure it if you can) and the circumstances of the crash. Cyclists have been successful in obtaining compensation from local authorities and utilitiy companies for crashes caused by their negligence.
• If the police don’t take enough action, the other party is uninsured and refuses to pay or their insurance company won’t pay up you can pursue a civil claim in the courts. This could be expensive if you aren’t eligible for legal aid - check how strong your case is with a solicitor, at your local Law Centre, or with Citizens’ Advice.
• If the amount you are claiming is under $3 000 you can go to the Disputes Tribunal (in phone book blue pages under Courts Department, Tribunals Division). This will cost you $10 (which you won’t get back) but if your claim is rejected you don’t pay any costs and you can appeal to the District Court.
• If necessary, get the assistance of a solicitor. Some local advocacy groups offer a free legal consultation to members. Contact CAN for details.
• If you caused the crash the police may charge you with “careless use of a bicycle” or issue you with an infringement notice (e.g. for failing to comply with a traffic light). The requirement to report to the police a crash that causes injury or damage now applies to drivers of motor vehicles and cyclists. You may have to pay for damage to property - if you have household insurance, check that it covers this. Alternatively, take out Cycle Safe insurance (available through membership of the Cycling Advocates’ Network) - this includes third party cover.

This article was written by Cycle Aware Wellington and supplied by Cycling Advocates’ Network, PO Box 11-964, Wellington, Tel/Fax: 04-385 2557, e-mail: secretary@can.org.nz, www.can.org.nz