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Accident - Help [NSW]

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by sih81, Nov 16, 2008.

  1. Can anyone help me..... pleeease!!! I had an accident three weeks ago which was not my fault. The driver of a car pulled out on me (to do a turn in the road) just as my front wheel was half way past her car. I took evasive action, but she still hit me doing just under $2,000 worth of damage to my bike. Not only did she damage my bike but she squashed my lower leg between her bumper and my bike, snapping the footrest off and doing various other damage. I have claimed on her CTP (which has paid) but as I am third party (something that is going to change once this mess is sorted out) her insurance company are claiming my fault. My insurers cannot believe this has been blamed on me. I have been to the Police and made a statement and am waiting for her insurers to give a final decision (it has been escaled up). My question is I have been told to make a Statement of Claim and give her the opportunity to inspect my bike before I get it repaired (I have been off the road now for three weeks as it is unrideable). She however has had her car fixed. Who/what next? I am thinking that I want to get the ball rolling soon as it is taking too long. Do I file the Statement of claim against her or her insurers? My feeling is it should be her (and what I would like to do is take it round tomorrow and hand it to her personally). If the decision from her insurers has not changed then I am going to go to the Ombudsman because she was clearly in the wrong (everyone who has seen the diagram, seen my statement, seen where she hit me has said OPEN AND SHUT CASE so why is her insurer being a bastard? ANY help would be really appreciated. Thanks for reading.

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  3. Is not unheard of for an insurance company to test your resolve to pursue the matter. For them they are risking the cost of one letter which may save them the cost of the repair. Just reply calmly pointing out the clear responsibility for the accident lies with their client and you are seeking reparation for damages from that accident.
    It's up to you, but maybe point out that until now you have not sought the services of legal representation as the case is clear cut, BUT should it be necessary you will also be looking to recoup the legal costs IF you need to engage them - kind of a counterbluff lol.
    If they keep it up theres a legal firm called Drydens (I think) who will examine your case for free and if they feel they can win they will pursue it and only take payment from the court awarded amount I think they mainly do persoanl injury though and you have already settled that part of the claim. I'm not associated with them in any way..just remember the ads on tv
  4. Thought the cops had to attend in event of significant property damage and/or personal injury? If so there should be a statement backing up your view of events.

    I know you said you made a statment at the station - out of curiousity why didn't they attend?
  5. If they had attended I am sure none of this would be happening to me! They would have booked her! Unfortunately the call went out but it was not acknowledged. Paramedics were checking with the Police and they were busy. So they told us we could go but I couldnt ride my bike home as my leg was swollen and wasnt sure it was rideable. So my husband turned up some hour later and insisted I got home and put my leg up to get swelling down (he didnt think the Police were ever going to turn up). I went and looked at bike cos didnt want to leave it where it was in case it got vandalised. Started it and rode home (only 2km). Rang police to say I had managed to get home and was told they were on way so I redirected them to my house. Got to say I was very unimpressed as they did not want to take a statement or look at my bike. Went on to say that it really was a waste of time to report if no injuries. I pointed out my injuries and was told still wouldnt take statement. I had 14yr old who was out at time and needed to get her home which is why I didnt go to hospital (now wish I did) But went to doctor day after. Went on GRO forum and was told to report it which I did - statement taken and other driver reported at another station (but guess what - they didnt inspect damage to her car). I made big fuss later in the piece and went to that Police Station - then to local one where accident happened and made further statement. Now got to check whether she has been given infringement - something I will do tomorrow. It is just a big f*** up. I really hope it all turns out right in the end. She is lying saying that she had already pulled out (but she hadnt).
  6. You need to understand the law and your rights in these sorts of situations. Under no circumstances should you have ridden the bike home, even if you yourself went home. The Police are only OBLIGED to attend if vehicles are damaged to the point of not being able to be driven/ridden away from the scene of the accident. NOW they will say, "well you got it home, so it can't have been that serious..."
  7. Am very sorry to hear about this - sounds like a nightmare.

    All I can suggest is you raise hell until you get a result.

    Hassle the insurance people, the police (and ombudsman if you get no satisfaction from them) and anyone else you can think of to support your version of events.

    $2k is no small amount of money so it's worth the time and effort. Good luck with it all.
  8. Like people said, cops only attend if something is serious or you damage a car without the owner present, the cops speak on their behalf.

    If your only 3rd party unfortunately your insurance company will only help you with templates for letters of demand and possibly advice.

    A woman hit my car, she claimed it was my fault, i kept at it for 3 months and finally her insurance company paid my damages.

    Keep at it, it might take awhile (hoping you give up maybe) but its gonna happen, stick to your story.
  9. If you want a police investigation and a charge laid, hop in an ambulance.

    I strongly suggest doing this if an accident isn't your fault, and you don't have comprehensive insurance.
    Ignore that crap about "Oh don't tie up ambulance officers, there might be another emergency they can't respond to because you're wasting their time".

    You hop in with the ambo's - retard driver gets a charge: and everything gets much easier with their insurance company because of it.

    All you have to do is say "My [bodypart] is sore. I think it might be broken. I need an ambulance."
  10. Sorry to hear about your accident. I work in legal debt recovery. The best thing you can do is write a letter to the insurance company. attach your statement (version of events) any witness statements, quotes to repair the motorcycle and make a formal demand for payment and advise if no payment in 7 days you will be issueing legal proceedings. Also forward a copy of this to the person liable. The only problem you might have is that if the person has not made a claim through her insurance then legally the insurance company have nothing to do with it so you will need to find out if she made a claim first. If she did you have 2 options in recovering your money. first you can go through the magistrates court using a solicitor. You can claim the damage and also certain legal costs( i.e Complaint, judgment and warrant) your legal costs do not include letters or phonecalls made on your behalf. So this may be costly. Your second option is to file a claim with your local small claims court. This is usally $33.90 in VIC but im unsure what it would cost in NSW but im pretty sure it is roughly the same amount. if you need a hand just PM me and i will help you out at no charge.
  11. Hi Cheky, I have given her insurance company all the details, in fact the same as I gave mine. They accepted liability on Wednesday to me and then rejected it to my insurance company on Thursday, citing that their client looked behind her and in her mirrors before pulling out to do her u turn and that I was trying to ride around her (believe me if you saw the photograph of the road if I was trying to do that I would be on a suicide mission) I am now in the throes (after speaking with an insurance assessor) to appoint a solicitor to make a Statement of Claim with small claims court to get my bike repaired and paid for by them. What I am really pissed about is that my bike is at the repairers (a month this weekend) with no real solution for me to get it repaired. I want to get it repaired so I can get back out on it but how can I do this with this dispute? They are just dragging their bloody heels over this because they can. My insurance company are waiting for a response from them (I guess because they want to claim off my insurance). I am waiting for my insurance company to come back to me with some answers about what is happening (it has been escalated to a higher person (her insurance co) but I don't see why I should wait. I want to phone them tomorrow and just tell them that I am fed up with them mucking me about and I will be putting my statement of claim in and getting the bike repaired as they have had ample time to go and look/assess. I am waiting for the Police to get back to me on the state of play with my statement and hers (ie I want her booked). Does anyone know the rule number for U turns without looking? I have 37(a) and 37(b) and I think also 38. I want to cite all this lot when I write to her insurance co. Meanwhile my bike still off road and I am at loss as to how to get back on the road without jeopardising my claim against this lying cow.
  12. I'm so sorry for you. I had a collision earlier this year and didn't call ambo or police. End result me out of pocket1.5k and a scratched up bike still.

    I can't help as I got nowhere with the police. They Cbf doing anything.

    Best of luck.
  13. Even if she looked in her mirrors and you went to go around her she still is at fault. If the police turned up she would have been fined for failing to give way regardless. I wouldnt waste my time anymore and start your legal proceedings straight away. You should try and get the relevant section from the police about failing to give way and state that to the insurance company pointing out her fault and that they accepted the cliam to begin with but now changed their mind. Another thing you can do is a third party property claim where your repairer will fix up the bike and then chase up the insurance company for the money.
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  15. Hi all, I want to give everyone the great news that her insurers have just accepted liability (for the second time) HOORAY!! - it took them long enough. I think it was prompted by Swann Insurance (who I would recommend to anyone looking for motorcycle insurance - they pushed beyond what they should of and most importantly believed me) and also a letter I faxed to her insurers this afternoon. I spoke with a solicitor this morning - she said she didn't do this kind of work but told me to write a letter (and what to put in it) and also said if I needed a Statement of Claim to be issued she would do it for me (I was told it would be better coming from a Solicitor) but that would be about it (which is exactly what I wanted as I intended to take it to court from thereon in myself). I faxed the letter to them this afternoon and within the hour my insurance company rang me to give me the good news. So I should get my bike back early next week (if not before). Thanks all for reading writing and listening to my woes and droning on ... I hope that no-one who has an accident on a motorbike (or car for that matter) where it is not your fault has to go through this crap. WHY cant people tell the truth..... Oh and by the way I am still chasing up the Police on what they are going to do (I hope they are going to issue her with an infringement notice.....)
  16. Thats great :grin:. All the insurance company needed was you to get a bit angry and show them your not messing around with their crap. Hope all goes well and your back on the roads soon.