Pedestrian struck by motorbike in Belmont (WA) – Now receiving a $5k Demand Letter from RAC. Need advice/reassurance.
Hi everyone,
I’m feeling incredibly stressed and a bit overwhelmed, so I’m looking for some advice or legal insight regarding a recent pedestrian-vs-motorcycle accident in Belmont, WA.
The Incident:
About 3.5 months ago (late January), I was crossing the road at the intersection of Alexander Rd and Robinson Ave. There are no traffic lights/zebra crossings there, so I was using the pedestrian refuge island.
I segmentally crossed to the island. The traffic in the main lane came to a complete stop to turn right, so it was safe for me to step off the island. Suddenly, a motorcyclist travelled along the road edge/bicycle lane to illegally overtake the stationary traffic from the left at high speed and slammed into me. I was thrown about 2 metres, sustained multiple abrasions, and ended up at an Urgent Care centre (had 2 X-rays done).
The Current Situation:
I have an active Online Crash Report with WA Police (which lists three independent eyewitnesses who saw the whole thing). I also have an active personal injury claim lodged with the Insurance Commission of WA (ICWA).
However, today I received a formal Demand Letter from RAC (the rider's insurer) claiming that I am fully liable for the incident and demanding $5,000 for property damage to the motorcycle.
My Concerns:
- Injuries: It’s been 3.5 months, and the deep hematoma/bruising on my leg still hasn't healed. Now that the weather in Perth is turning colder, the leg is constantly aching. I also developed severe trauma-related anxiety and I'm currently terrified of crossing roads.
- Liability: I have already emailed RAC strongly disputing liability, citing the WA Road Safety Commission rules on lane filtering (specifically that lane filtering is prohibited next to the kerb/bicycle lane or when unsafe). I also requested full particulars of their assessment.
My Questions for the Community:
- How can RAC claim I am fully liable when their rider illegally overtook a stopped vehicle via a bicycle lane? Do they not check police reports or interview the registered witnesses before sending these automatic demand letters?
- Should I engage a "No Win No Fee" personal injury lawyer to fight this?
- Will ICWA step in to protect me from this property claim, or are personal injury and property damage handled completely separately? I don't have a car insurance because I don't drive at all. I only got a travel insurance under Medibank that I am a short term visa holder who don't have medicare as well.
Any advice, similar experiences, or reassurance would be greatly appreciated. I’m losing sleep over this $5,000 bill for an accident that wasn't my fault.
Thank you in advance!
