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Morning peak hour traffic, I was riding my bike ready to…

Morning peak hour traffic...

Morning peak hour traffic, I was riding my bike ready to turn left into my customers place of business when a passenger in a car opened his door and I drove into it.My insurance company has

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: What steps have you taken so far?

My insurance company has stated I'm at fault. I an bloody ropable because I want my excess back as well as retain my perfect driving record.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

None so far but have threatened legal action

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Answered in 5 minutes by:
3/21/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,892
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon

You mention they say you were in the wrong?

Have they given you any details?

If you cannot show that you were not at fault you cannot get your excess back unless you withdraw the claim.

Does your claim include damage to the car?

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Customer reply replied 4 months ago
They say I was cutting in between traffic.

Good Afternoon

but if you are in the left lane and about to turn into a driveway how is that cutting in between traffic?

Was the door that opened on the passenger side or drivers side?

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Customer reply replied 4 months ago
I was turning into the property to pick up stuff to courier elsewhere. Claim value was issued by repairer
Customer reply replied 4 months ago
Their car was in the middle lane. The Passenger opened his door to exit. I rode into the door.
Customer reply replied 4 months ago
They say I was riding in between traffic
Customer reply replied 4 months ago
Their passenger was the door I rode into.
I'm glad you can see the logic.

Good Afternoon

From the diagram it appears that the other vehicle was not even parked when the door opened.

I would challenge this finding.

You have ask them for an internal review.

Section269(3) of the road rukes

http://www5.austlii.edu.au/au/legis/nsw/repealed_reg/arr210/s269.html

(3) A person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or getting off, or out of, a vehicle.

If they refuse to reverse it then you can take it to the ombudsman.

It appears to me the car was in the wrong they opened the door when in the middle lane even though stationary and failed to check.

If you were close and could not stop it is their fault.

The ombudsman website is as follows

https://www.fos.org.au/

You were not you were turning left into a driveway and in the far left lane.

I do not agree with them.

You have options and they will not cost you anything as you do not need a solicitor to do this but make sure you refer to the section.

The ombudsman can overturn their finding and they have to do what they say. You have nothing to lose, apart form your time.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,892
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you. I will do as you say. You have been a good help.
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