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A friend's first stack. Advise needed.

Discussion in 'General Motorcycling Discussion' started by Bogus69, Dec 8, 2005.

  1. Hi guys,

    A workmate who has just got his bike and hasn't got it insured yet had a wee off this morning and would like to know what avenues are available for seeking reperation.

    The facts of the accident are...
    -Car pulled out from a driveway into the riders lane 3m infront of rider.
    -Rider crashes WITHOUT hitting the car.
    -Car driver is NOT insured.
    -Car driver has not admitted liability
    -No injuries.
    -Cops NOT called.
    -Details have been exchanged.
    -Repairs will be required to the bike.

    How does he make a claim against the driver when no insurance comapny is involved?
    Is it worth while trying to get the Police involved after the fact?
    Any general advice I can pass on to him?
  2. i had a cage crash years ago and no contact and you cant claim on his insurance or him if there is no contact unless he is charged by police
  3. I dont think there is much he can do but to put it down as a live and learn experience .
  4. Yeah if there isn't any contact you can't claim off his insurance without formal charges.

    Live and learn I'm afraid. :(
  5. Not in my experience.

    My very first "off".

    Travelling down a wet road at night. See car stopped at a side street about 100m up. Flashed the lights just to make sure he knew something was coming even if he couldn't see me, then as I get to about 30m away, when I was in plain sight of him for at least 2 seconds, he pulls out, then sees me, then slams the brakes on and stops his car dead in the middle of my lane.

    The road being wet, and me being a novice rider at the time (1 month on L's), I grabbed too much of a handful of the front brake while attempting a last second desperate turn to avoid t-boning him. Bike went down and the bike narrowly missed the front of his car, and I slid along and stopped just before his back wheel.

    We exchanged details, I told my insurance company (QBE at that time), and they successfully claimed 100% of all repair costs against his insurance company (RACV).

    There was no police report. I did not hit his vehicle. It was his actions that directly attributed to the accident though because he was at a stop sign. QBE told me that it didn't matter that I didn't hit him, he was at fault, and even RACV agreed since they paid the whole amount. I even kept my no claim excess as a result.

    Now in the OP's case, it's a similar deal. Doesn't matter that the driver is not insured, so long as the rider is. If the rider is insured, file a claim, provide a full description of the incident, along with diagrams of vehicle positions, movements, and distances, and let the insurance company sort it out. That's what insurance companies are for.
  6. Cathar, no one was insured in this instance, and the driver is not admitting liability.

    there are only two ways to get any monkeys out of him:

    1) Ask really nicely, or if he's a prick, threaten him. This will only work very occasionally though...

    2) Sue the bastard. Costly, prolly won't win...

    Not much chance unfortunately. As Linenoise noted, Live and Learn, it's all part of motorcycling...
  7. Ah, you're right. Sorry, I missed that statement in there. I was looking at his point format list and didn't see that the rider was not insured in the sentence above. :?
  8. Visit a solicitor immediately, and get a repair quote and send off a letter of demand immediately. Hopefully that will scare the person into paying.

    If not, you friends stuffed. Hope it's not too much $$ for him to fix.
  9. I'd try getting insurance and once paid for the insurance, ask if they can help... Becuase they will chase him for the money, its not like they will be out of pocket.

    I still dont understand no insurance :roll:
  10. Jason's right. Go through the process and hope like mad the person's decent about it; maybe he might pay half, half is better than none. Unless you've got full-comp insurance, you really are at risk.
  11. Thanks a lot guys.
    It's been a great help.
  12. Does he have a witness?

    If yes, then he can probably try to to personally sue the driver - but I suspect that it's a wasted effort.

    Here's the scenario:
    The driver's smart lawyer argues that there was no contact, so the rider fell from his own actions. Therefore no case to answer.

    Plaintiff argues he had to take evasive action due to perceived threat so the driver is the cause of his off.

    Smart lawyer says the new riders lack of skills and/or road surface contributed to losing control. A more skilled rider would have reasonably been expected to avoid the situation.

    The magistrate weighs it up and says that there's some contributing causes on both sides... and no blame is apportioned.

    Bugger of a situation. Midnight is right. Live and learn. Use this as an example for better roadcraft.


  13. Some advice for your mate...
    - insure the bike BEFORE you ride it otherwise be prepared to write it off.
    - tell him to think of it as his "last" stack instead of his "first"..
  14. How much damage? are we talking under or over 1k? try nice, ask for half, then if not try getting a lawer to write a letter of demand. If that doesn't work, is it worth getting deeper into the legal side?

    Hope he has learnt and is currently on the phone sorting out insurance..........
  15. Ashes:
    yes I told him to sort insurance b4 he even picked up his bike!!

    not sure of the cost to fix the bike to a safe condition. prolly a couple of hundred? but to fix all cosmetic damage too would be a lot more.

    he is gonna use it as a lesson and will be getting insurance today!

    hopefully he will register here soon so he can take a bow
  16. Next time, t-bone the car so there's no doubt....

    Or, y'know.... Not....
  17. maybe worth trying to insure it over the phone and paying by credit card ? that way they dont see the bike before its insured then theres the chance this accidental off could become an incident he was only involved in (swerving to miss a dog or something) and this accident happened after the bike was insured ? " whew lucky i got it insured today who knew that dog was gonna run out in front of me "..... not that i reccomend illegal actions by the way ....just a hypothetical statement of course :wink:
  18. The old-fashioned way. You go round and knock on his door with a spiked bat, flanked by four guys who look like spreekillers.

    Anything less, and nobody in their right mind would hand over any money.

    How much time has elapsed since the event? He should've phoned the cops from the scene, then made a beeline for the nearest police station to file a formal report. Never too late, though. Tell him to go make a report asap.

    Then, as per Mouth's suggestion, draw up a letter of demand and hand-deliver it to him.

    In situations where neither party has insurance, though, the only way I've ever seen any money change hands is if the situation is resolved medieval-style.
  19. And not a bad one - unless you hypothetically come unstuck and hypothetically never get insurance again because you hypothetically got caught hypothetically defrauding the insurer.

    But, as a hypothesis, well worth dreaming about.
  20. as sympathetic as I am to your mate , and yes you can go down the avenues of solisitors etc
    but if the damage wasnt to bad , i would tell him to write it off as poor judgement , fix it himself then go and get bloody insurance !
    This is the exact reason why we have it.

    it may sound a bit of tough love but he will now think twice about insuring his bike.
    when i bought mine , i ranfg my insurance company both times from the bike shop and made sure i was covered before I even put the key in the igfnition.