We are encouraged to commute on the roads with our bicycles. Q : What happens if you are involved in an accident with a motor vehicle, it’s not your fault and your bicycle is damaged? Bicycles these days can costs thousands of dollars!
First you should always exchange details with the driver at fault and ask if he/she has property damage insurance.
Second obtain a quote from a bike shop for the repairs required to the bicycle as a result of the collision.
Third send the driver at fault a letter with the quote for repairs requesting payment.
Fourthly if you don’t receive payment or a response you may need to commence a proceeding in Court to try and recover the cost to repair or replace your bicycle.
You will need to prepare and file a statement of claim (SOC) in the Local Court of NSW. The SOC will set out details of the accident, the damages claimed and the amount you are suing for.
Once you file the SOC in Court, you will need to have it personally served on the driver at fault. The Local court can serve the defendant for you. The defendant has 28 days in which to file a defence. If no defence is filed you can apply for default judgement. You can then enforce the judgement.
We are experienced lawyers working in the area of property damage claims and we can assist you recover your losses.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice beforetaking any course of action.*
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