T-Boned

Bastard!

Last night around 17:30. Doing around 60 along Forest Way and this
delightful old gentleman evidently couldn't see around a parked car so
he drove out of a side road and straight across two lanes until he
managed to T-Bone me and the ER5 across into the next lane.

Thankfully the next car in lane three wasn't going very fast and managed
to stop before he ground me out.

Luckily - after six hours in Mona Vale casualty it came down to lots of
gravel rash down one side and bruised ribs (still feels like a break
when I cough or laugh) and the bike is pretty much trashed.

Given that he acknowledged blame ("I'm so sorry - I just didn't see
you") <Grrrr>, that I have a great eye witness and that my insurance is
only third party, fire, theft and propery damage, anyone know the
correct procedure for me to start his exsanguination?

TIA

N/

 

In aus.motorcycles on Tue, 01 Apr 2008 12:18:26 +1100

Get a police report number. That's the first job. They'll want the
witness details too.

Next, get the insurance info from the bod who hit you. You need his
name, address, insurance company, policy number.

Then ring them and find out what they need from you. Probably a form
to be filled in which will include quotes for damage. They may want
to send an assessor round.

Make sure you include your riding gear in the list of damage.

Get the bike assessed by a dealer. Most of them are quite familiar
with insurance work. (add the cost of transporting the wreck to the
cost list)

Once you have your form and quotes sent in, then you wait, and poke
them once a week about it.

Be prepared to have it written off for less than it will cost you to
replace with an equivalent vehicle. This is how insurance companies
make money....

If the blind bod doesn't have insurance, then you have to go to the
Small Claims court.
http://www.accc.gov.au/content/index.phtml/itemId/288087/fromItemId/341320

They have guides as to what you need to do - letter of demand and
such.

Zebee

 

Nigel Allen wrote:
<snip>

Get a lottery ticket while you're at it, your luck might still be
holding (and you're very, very lucky indeed to have come out of it
with such relatively minor injuries).

Hope you enjoy rapid healing, and best of luck for getting the money
out of the insurance company.


BTH

 

Get yourself a good solicitor who specialises in motor claims
it might cost you a few hundred, but worth it in the long run
let him do all the work, he will add his charges to the insurance claim
There are solicitors out there who work for no win no fee

 

Not likely. Unless their insured lodges a claim, all they'll give you
is a burst of dial tone.

The procedure is to obtain a repair quote from a bikeshop (which,
unless they know you, typically costs $50-$60), then phone the guy who
hit you and ask if he's done anything about lodging an insurance
claim. If he has, you get the claim number from him, call the
insurance company and ask to speak to the claim manager for claim
ref.<blah>. Otherwise, if he's being difficult, as they often become
after an initial burst of contrition by the side of the road, you draw
up a letter of demand and get it to them, with Grossy Overinflated
Quote(TM) attached, by registered post or in person. The letter of
demand needs to contain words to the tune of "I hold you responsible
for my material loss and, in the absence of notification of your
insurance details (including a claim number for the incident at hand),
intend to commence legal proceedings against you to recover a quantity
of money equivalent to my aforementioned material loss within three
(3) days."

If the other guy's being exceedingly amicable and ag

Once the other guy has lodged a claim, yes.

 

In aus.motorcycles on Mon, 31 Mar 2008 22:12:22 -0700 (PDT)

Worked for me. I said he was at fault and I was claiming, they sent
me a form.

Zebee

 

Shut up before you cost someone money and inconvenience, George.

In cases like this, where.

a) the at-fault party is not (yet) showing signs of being obstinate.
b) there are independent witnesses.
c) the party which sustained a loss also has some insurance.

a no-win-no-fee solicitor would *love* to get involved, because the
case is a slam-dunk; they'd be risking nothing, and they'd get paid
for doing next to nothing. No-win-no-fee solicitors call themselves
that not because of their confidence in their ability to win cases,
but because they only choose to those clients who have no chance of
losing, ie. those who don't need their services to begin with.

This guy has TPFT insurance on a bike which has now been damaged,
possibly to the point of being written off. In those circumstances,
because they'd prefer that, rather than walking away with the refund
from a cancelled policy in their back pocket, their insured continues
to insure with them and pay them an annual premium, insurance
companies often provide some assitance in matters like this, from free
advice to, in case the other party is uninsured, a nominal payout up
to a certain (low) maximum amount.

If this matter goes south, and either the other party or their
insurance company turn obstinate, then it'll be time to *think* about
getting a solicitor involved, and that's when the no-fee-no-win guys
will lose interest, meaning a real solicitor will have to be found.
Doing it is an absolute last resort. You can try adding the
solicitor's fees to your total claim, but, in practice, don't expect
to see more than about three-quarters of it covered in a payout.

 

"exsanguination"!!!!!!

I love it!!!!
I learnt a new word

( sorry to hear of your accident though )
=====================================

 

We got hit in the rear (I was driving Helen's car) two weeks ago. Not
serious but the Rav4 will need a new back door. The Taxi driver called me a
liar saying the damage to the door was pre-existing and he would contest
strenuously. Called me the next day and said he would sort it all out with
my insurance company and there was no need for me to report it to the
Police. Called me again two days later and asked if I had reported it. I
said, there is a legal requirement to report if damage exceeds $1000. He
hung up. I'm putting in a claim on my (Helen's) insurance. Not my problem
anymore.

Insurance is what you pay for, let them do the work. Personal involvement is
to be avoided. Too many emotions hanging about.

Theo

 

Both Zebee and IK have given good advise. In your correspondence be
polite but firm. Try not to waffle, keep it succinct. Best to contact
the other driver ASAP and find out the name of his insurance company and
thereafter deal directly with them. You don't need to wait till you
have his claim number, as long as you have the model/rego of the car and
probably his name that is sufficient for them to store your
correspondence on file to be linked to his claim when he lodges it.

In your letter to the insurer state the facts of the accident, state
that the driver of the vehicle they insure was at fault, that you have a
witness to the accident who will corroborate your statement that their
insured was at fault and that you shall seek full reimbursement for
losses suffered.

They may insist on two or more quotes, but if the bike is unrideable
don't be intimidated by them, just send them one quote and tell them if
they want more they can arrange to have the bike transported at their
own expense. If any of your riding gear or whatever you were wearing at
the time is damaged obtain quotes for replacements and forward them to
the insurer also with a letter of demand for payment. Online shops are
great way to get quotes for bike gear, just fill your shopping basket on
the website with the replacement items, go to the checkout where it
gives you a total and print off that page to send to off as a quote.

If the bike was your sole means of transport, or your main transport,
(of even if you just say that it is) then you can claim the cost of
replacement transport from the date of the accident until the time that
they settle your claim (this can also encourage them to settle quicker,
if costs are accruing). Most of the car rentals will give you an online
quote so you can print that off and send it to the insurer with an
advise that you will be renting a replacement car or bike if necessary
and that you intend to claim for the cost and that they should contact
you immediately if they intend to dispute any such claim. Also note
that they may only reimburse you for Monday-Friday rental, although I
did successfully recover the cost of renting a motorcycle for 4 days
over GP weekend a few years ago when my bike was involved in an accident
a couple of weeks before the GP.

When you have receipts to send them for reimbursement just write a cover
letter with justification for your claim for the expense that you have
incurred. Keep in mind that you have a duty to mitigate your loss, so
any claim must be justifiable, and reasonable, and in your letter, state
that the claim does mitigate your loss and is justifiable and
reasonable. (Mitigate your loss means that you have to keep your costs
to a minimum, so if you hire a car to replace a bike, you can probably
justify hiring a small 4cyl car but they may not reimburse you the full
cost of hiring a large family size car if a small car is cheaper,
likewise any items of clothing or protective gear should be of a similar
quality and cost of those specific items which have been damaged).

Nev..
'07 XB12X

 

The OP doesn't have comprehensive insurance, so personal involvement is
unavoidable.

Nev..
'07 XB12X

 

This is generally the reason they will balk at the cost of hiring a
motorbike when a car is generally substantially cheaper.

An insurance company lurk that is starting to appear is that they are
attempting to refuse car hire for home to work transport where public
transport is available and (more to the point) cheaper.

It wouldn't hurt to include in your letter why such public transport, as
is available, is clearly unsuitable for the particular needs your
vehicle was meeting.


G-S

 

Fulliautomatix wrote:
[snip]

Me thinks someone is speaking from painful experience.

 

??? as there was an injury in this circumstance, wasn't it necessary that
there be police involvement, and that there was a responsibility of the
driver that he report it to them. This being the case wouldn't their report
then be the guide as to the detail of the accident?
Dunno about in NSW, but from my experience in Vic., it is best to stay in
hospital o'night, any subsequent treatment cost then is covered by the
claim. Leave earlier and it is the injured party's worry.

Rockit

 

Where did you get that information? Looks a lot like bullshit. The TAC
will cover your medical expenses resulting from any traffic accident in
Victoria. It shouldn't make any difference how long you stay at a
hospital or even if you attend one at all. AFAIA the only difference
between immediate and subsequent treatment is that there is a once-off
excess on subsequent treatment while immediate treatment is covered in full.

Nev..
'07 XB12X

 

I'm no expert but I was told something like what Rockit said when gNat and I
were treated after the Eildon prang.
My TAC claim was an out-patient claim so I couldn't claim extra treatment in
the same way the gNat's in-patient claim's follow-up treatments were
handled.

Mind you; I didn't actually WANT any further treatments for the Eildon prang
but it interfered with subsequent claims I made from my 1995 Phillip Island
prang as they kept mixing up the two claim-numbers and disallowing payment!!

 

I had 4 witness', and the cops still couldnt make a case against the
**** who admited "i didnt see you"

 

In NSW, the permanent injuries sustained in a not-at-fault traffic
accident have to exceed 10% whole-person impairment before any
compensation is awarded... for physical injury, that comes to a couple
of knee resonstructions, some excised cartilage, loss of movement due to
nerve damage. Not sure how they scale psychological disorders, but they
send you to be assessed by a psychiatrist if you took a knock on the
noggin and lost consciousness in the accident.

Having just spent the past six and a half years going through the
system, I *would* advise trying it on with made-up injuries or
psychological conditions, but I'd reserve this advice for people like,
say, Bobby... the idea would be that the frustration and the humiliation
of the experience drive him to suicide.

Yes to all of those, though. Get the signed statements from the
witnesses, photograph the scene and make sure you lodge a police report.

 

When you are involved in ann incident where your vehicle is damaged beyond repair or
otherwise,
you don't go the the one who damaged your vehicle with cap in hand saying" please
give me the money to fix my bike"
He has no insurance against damage to his bike

The OP said he had third party fire and theft and property damage insurance only
and that means damage to the other party, He has no insurance for damages to his bike
he has not got full comprehensive, he has got no claim with his insurance company
for damage
only against the other driver, which is why I said to see a solicitor as that
bypasses all the stuff you have to go through before any damages will be allowed.
Read up about third party property damage, fire and theft.
AAMI Third Party Property damage protects you against claims for damage that your car
causes to another person's vehicle or property.

a.. Cover you for up to $3000 damage caused to your car by an un-insured, at
fault driver who you can identify to us. ( read ( up to $3000 )
b.. http://www.aami.com.au/products/policy/car/policy_car.asp

1Cover's Third Party Fire and Theft policy covers you for loss or damage to your car
if it is stolen or catches fire in addition to your liability for damage caused by
your car to other people's property. It also includes a limited amount of cover if
your car is damaged in a no fault accident with an uninsured vehicle. ( read limited
cover )

http://www.1cover.com.au/car/third-party-fire-theft-insurance.html



In short, the bike, because it has third party property damage fire and theft
insurance only,

then he is not covered and will have to claim against the car driver.

Some car drivers, after getting home and talking to friends, decide that they will
try to shift the blame to the rider and not pay for anything, then thr rider has to
chase him through the courts.

By first contacting a solicitor, the solicitor can forward a legal letter to the
driver of the car, which usually gets results

This was the original meaning of my reply to the bike rider, so please don't go and
stuff it up.

If you further disagree, then ask any insurance company how they pay

 

Which is exactly why there is no need to go to a solicitor in the first
place. The threat of going to a solicitor can be just as effective as a
letter from a solicitor, but without the associated expenses of paying a
solicitor to write a letter which you can write yourself for free.

Nev..
'07 XB12X