Road traffic injury

When I got injured (I was hit by a car when cycling) I was desperately looking for information what to do. Unfortunately, could not find any useful guide. So, now after having lots of terrible experience I am writing one. I need to pack 9 years of experience, so it will take a while. Please come back later or contact me if you do not find information. Also please keep in mind that this is based only on my experience and the information I was able to find.

Content

The goal of this site is to help other injured people to get better faster and easier than I did. I went through terrible journey that could been much easier and it is still ongoing. Current information can be grouped into two main groups:

resource

there were many resources that can be useful. Finding them might be quite a challenge. So, I list what I found to be useful and what not.

my experience

there is a huge difference between how things were meant to work and what is actually happening. I faced a straight disregard of law, lying and actions that can be explained by corruption (however, I do not think I have resources to prove it) by QBE and their solicitors.

Current information can be grouped into two main groups:

other people experience

in time I also plan to add other people's experience especially to be able to select good solicitors and avoid bad ones.

tool to guide through the process

as I was excellent software developer before the injury, I cannot stop thinking how much I would have benefit from the proper tools. So, as soon as I recover enough to be able to code, I will start working on it. It is a huge investment, but it can help a lot of people and make process very easy. Will I be able to make money of it, that is completely different story.

Everything I write on this site is based on my own experience. I am not a lawyer and I can not give legal advice, nor I intent too. However, after I got injured I was desperately looking for someone who could share their experience and I could not find it. So, now I am sharing mine hoping that it will help someone.

After I got injured I had many questions:

• I was cycling and I got hit by a car, what do I next?
• After the injury I had amnesia and did not remember what happened when I was brought to ED. I was feeling terrible cold in waiting room, so I got my self discharged. However, now at home I am in terrible pain and remembered what has happened. What shall I do?

Stop and exchange details

NSW government site provides short guide what you are required to do after road collision.

The first step is to stop.

Next step is to exchange contact details.

You got injured what do you do next?

The same things apply if someone you know got injured and you want to help them. Actually it is very important to provide help to injured people and for many more reasons than you might first realize. In short, what I have learned and I wish I have done:

1. Get contacts of other people involved in collision
2. Collect contacts of witnesses
3. Call police
4. Call ambulance
5. Look for help/support
6. Follow up with doctors
7. Inform insurance
8. Follow up with police
9. Fill in personal injury form
10. Find solicitors
11. Recover for bicycle damage

Police

The police might be one of the first places where you expect to get help after getting injured. My experience with police in Australia is that it is the place where you have least chance to get help especially if you got injured in road traffic collision. Despite this I do recommend reporting every collision with the police. There are cases when you required by law to report road collision to police.

Road rules are the only thing that protects you on the road. Reporting road collision has way more benefits than just expecting police to take action in your particular case. Do not overlook effect on your mental health as you have been able to take a step to make your self to feel safe for another ride.

When to report road collision

The rules when you need to report road collision are defined in NSW Road Rules. Please check with road rules for accurate information as information on this site and even government sites referenced here my not be correct or up to date.

You need report road collision if:

1. someone was killed or injured
2. vehicle need to be towed away
3. there was more than one vehicle involved in a collision.

Check crash reporting FAQ for more info.

Other road incidents, like breakdowns, that affect traffic flow can be reported on phone 131700.

There are many other sites that provide information and advice on what to do after the road collision. One of them is by LegalAid NSW. While this information may be somehow useful, but contacting them and acting based on this information I found my self being given false hope and left with feeling of complete helplessness.

How to report collision to police

There are 3 ways you can report road collision to police:

1. Call police to place of incident
2. Go to police station after the incident
3. Report online

The way you report collision depends on how serious it was.

Call police to place of incident

You need to call police to attend the scene of collision in case of any of these:

1. someone was killed or injured
2. vehicle need to be towed away
3. the other driver seems to be under influence of alcohol or drugs

Report the incident at police station

If you did not need to call police to the place of incident. If another party involved did not leave their contact details you need to report the incident at the police station. You can report it at any police station. The police may strongly recommend to report at another station, but you do not have to go to another station. If you have all details and there were no injuries you may report collision online.

Online

Crashes should be reported online when:

1. the situation is not an emergency or life threatening
2. you are no longer at the scene of the crash
3. no drivers/riders appeared to be under the influence of drugs or alcohol
4. no persons were seriously injured or killed
5. all drivers/riders/owners have exchanged particulars
6. at least one vehicle involved in the crash had to be towed because of the crash
7. you require a NSW Police Event number for insurance purposes

Report online] at NSW government web site.

What to expect

"Nothing good" - would be a short conclusion from my experience. Doing nothing is the most common attitude towards crime by NSW police bade on what I have seen, including experience of other people. Of course there are rare exceptions and I know some, when policemen did actually investigated crime. However, in my experience these exceptions are very rare.

Police not doing their job

I had to deal with police twice:

1. 2015-03-30 road traffic injury - police went out of their way to make sure that the driver gets away without any consequences. I do suspect corruption.
2. 2024-10-25 traffic offence - police did nothing.

Complaint about police

Before making a complaint you may want to try contacting them again and asking to do their job. Often going to police station is more effecting than calling or writing, but always follow-up with an email with all information.

Station sergeant

You can complain to station sergeant at the police station. You can do it by simply going to police station and asking to speak with sergeant. I do recommend having a witness and support with you as for me it was shocking and disturbing experience. I found complaining to station sergeant counter productive. As later I got a call from a policemen I complaint about. He told me that he called witness and pressured not to provide statement, till she finally gave in and agreed not to provide statement about what she has witnessed.

LECC

You can lodge a complaint about police officer at Law Enforcement Conduct Commission (LECC).

In my case they did nothing. I left Google Maps review: They did nothing. My complaint was assigned to be investigated by a police officer from the same police station. She contacted me to introduce herself and informed me that she will contact me to collect information. But then nothing. She told me that she closed the investigation without gathering any further information when I finally managed to trace her. She told me that her partner was up for promotion (she did not specify what partner means). However, revealing corruption for the officer I complained about would spoil her partner's reputation as he was working together with the policemen I complained about.

Despite this I do recommend making a formal complaint. Maybe in time something will chance. If you do nothing, then nothing will change. Just when you are making a complaint include all relevant information. I think it is highly unlikely that they will contact for any additional information despite their promises. I do not believe that there will be any consequences for the policemen you are complaining about, but there is at least tiny chance that they will investigate your matter that has not been investigated by the original police officer.

There is a 6 month time limit for police to take action for road traffic offences. So, do not delay with complaint. Start preparing as soon as you realise that police is not doing their job you when get police report.

Trauma

The one thing that I was not aware and was not told about is an impact of trauma. There is physical impact that is very easy to notice, however, there is also psychological impact. Together they may make all process exceptionally difficult to deal with. This happened to me. The amount of support you receive may significantly impact how trauma will affect you in the long run. While some people including medical professionals become more aware of trauma and Post Traumatic Stress Disorder (PTSD) in most cases you still can not expect that people will know what it is. I will dedicate way more space speaking about the impact of trauma. However, in short just keep in mind that PTSD is very debilitating illness and it can make it physically impossible to deal with insurance (and especially such nasty as QBE).

Understanding your situation

There is a lot of information available on internet what to do after you got injured. However, it is based on the assumption that everything goes right and that the organisations that are meant to help will help you. In practice it is not the case. This site provides practical information based on experience. However, it still make sense to have a look at other sources here is one simple guide to understand your situation from Financial Rights Centre.

NSW State Library about compensation and insurance also used to have a guide, but page is no longer available.

Here is a list of key information to help you navigate the situation is to keep an overview of it.

Key information

You may need to contact many organizations and people providing information about road traffic injury. It make sense to keep all in one place and have some understanding what information is used more often. A lot of it can be reused in various cases.

1. Summary
2. Timeline
3. Incident information
4. Police reports
5. Medical reports
6. Expenses
7. Financial impact
8. Statements
9. Dispute applications
10. Insurance position
11. Your lawyers position

Finding a good solicitor

After getting injured you may need to deal with two or three institutions:

• police
• insurance company
• previous lawyers

Depending on your situation you may need help with all these problems. There might be same one or you may need two that specializes in these areas. There is some help that you can find to deal with police. However, there is basically monopoly by personal injury lawyers to deal with insurance companies. I have very bad experience working with them. I met only very few who left good impression. Choosing right solicitor will not only significantly affect outcome, but also how difficult fight will be. I am left with the feeling that it is exceptionally corrupt system. I write about my terrible experience with exaggerated legal fees. I am trying to collect more information about reliable lawyers, so far have a little, but if you are interested in references drop me an email.

Advice

I had to engage Personal Injury (PI) for my claim. However, I wish someone would gave me an advice, that my PI lawyers can be a bigger problems than insurance with they lawyers. My lawyers misrepresented me, did not forward the information I provided them despite their promises, lied when giving advice and exaggerated fees. This way I could have looked for problems and maybe I would been able to avoid many painful problems.

The other important advice would been that PTSD will make it very difficult almost impossible to control the process and it would be strongly advisable to have someone to help to manage the process.

Problems

There were some major problems that unfortunately no one talks or writes about. However, it will be the main problem you will face when dealing with road traffic trauma/injury claims. This is just a short list of main problems. However, even this is enough to help you to get into understanding that there will be unexpected obstacles, that should not be there, and you would not expect them in other areas.

Corruption

It seems corruption is the major factor that determines success of your claim. Insurance companies like QBE are in this game and use it as their main tool to reduce compensations you may receive. I just simply have no other explanation for some actions of my lawyers and the tribunal decision I got for my claim.

Personal Injury Lawyers are in the same game

Personal Injury Lawyers are close circle of lawyers who work for injured people, insurance companies and the government organization supervising them. Most of them like the system and refuse to take any steps that can compromise the existing system. So, if you try to get to court you may find it being mission impossible. I have been fighting for it for 8 years and I finally give up. My physical health started deteriorating rapidly and it became very likely that I will not be able to continue fight just because I may not be alive. So, now I am taking some time off, till I know that my health is at the level that I can continue.

Scam

The actions by my previous lawyers, from firm called Law Partners, can be explained only as them running a scam, where injured person (me) is a victim.

Exaggerated costs

Some solicitors push you to settle just to make sure that there is no questioning of their legal fees. While they have legal fees grossly exaggerated.

Negligence

Among all this there is huge level of negligence. Solicitors will not take even simply actions that they should be doing and makes huge impact to your claim. Damaging it further. However, it plays well into corruption and scamming.

Incompetence

I like the rule: do not look for evil intent if you can explain something by plain stupidity. I try to apply this rule to actions of my solicitors. However, very often even very stretched power of stupidity cannot explain their actions and the problems mentioned above come as only possible explanation.

Ways to look and check solicitor

As for any service there are many ways to look who can provide it. I had to look for solicitor for my claim several times and unfortunately there is no good way. I hope to be able to provide reliable information about solicitors so that you can make informed decision whom you want to chose. In mean time here is what I have learned so far while looking for solicitor in all the ways I could think of: getting advice from friends, asking in Facebook groups, various [Legal aid | legal aid]] organizations, searching with different search engines on Web and contacting law society NSW for referrals. None of these gave good results. However, I am happy to share my lessons on how to find a good solicitor. Please write to me to share your experience, both about search and some particular solicitor you worked with.

Legal fees

One of the problems I faced is exaggerated legal fees.