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NSW Accident & no insurance

Discussion in 'Politics, Laws, Government & Insurance' started by NoFearNick, Aug 13, 2013.

  1. Hi all,

    I have a bit of a horror story for you all and would like some advice.

    I got my license around 12:00 today and went riding in the afternoon, then got hit by a driver doing an illegal u-turn at an intersection around 15:00. I was knocked off and my bike fell on me, damaging the fairings on the LHS, bending the gear lever and snapping the brake/clutch levers. I came away with grazes down my left leg and bruising to the knee (which I will see a doctor about this evening).

    The police were called, the lady notified her insurance company and I had my bike towed away to a holding depot.

    I got my Ninja 250R on Saturday and haven't got around to getting insurance or a cover letter. Instead of berating me on what I did wrong, can anyone provide me with some useful advice on how to have her insurance company pay for repairs/replacement of my bike and what I can do in the mean time?


  2. See a solicitor.
    • Agree Agree x 1
  3. Uhh...don't you just get 3 quotes and send her the bill who then passes it onto their insurance company, who then gives you a claim # to give to the repairer to claim the cost on?

    When a lady attempted a u-turn and hit my car, I got 3 quotes and gave them to her. She then got the insurance company who gave me a claim # which I gave the repairer. I never contacted my insurance company.
  4. Just some general advice

    - don't spend your time getting quotes until they tell you to.

    - try it the nice way first, speak to the lady, try to have her lodge with her insurance company since she is at fault.

    - if the police came and decided she was at fault you're home free,
    otherwise if she denies responsibility you'll need to have a witness to back your claim
  5. Who should I contact at the present time? It's likely that the bikes a write off, given the damage. Should I contact her insurance company directly?
    • Agree Agree x 1
  6. Get a copy of the police report from the station NO FAIL. Don't expect this to be easy, plod will fob you off rather than do the paperwork but be persistent. In the past I've even had to pay to get a copy, but you need it. You are lucky that they attended. Try and get the names of the attending police to chase them up.
    If the report identifies the driver as at fault, send a copy to her insurer ASAP and follow up with 2 or 3 quotes for repair. You don't need to use their repairer but they can choose the cheapest. Her insurer should pay the full cost of repair if she is at fault (do not accept a lesser offer).
    If they do not play ball, then get a letter of demand from a solicitor.
    • Agree Agree x 1
  7. Also go to local bike shop and get a written quote for all your riding gear that was damaged and include that as well.
    • Agree Agree x 1
  8. Whose fault was it on the police report?
  9. they write off bikes for some scratched fairings and bent levers now?
  10. Give her a call, ask her insurer & claim number.
    The second she mentions uturn she will be held at fault. they will arrange ur repairs.
    If she's with RACV PM me with her rego & I'll do a claim search for you.
    It's def an upset for u & very lucky ur ok!
    Hope you learn from this unfortunate event for the better.

    Seriously they do, it's weird, most bike claims I see end up as a total loss.
    It seems easier to sign off the register & do a cash settlement than it is to repair. I don't know why but possibly as most auto insurers only have arranged repairers for cars so bikes are free to go to any shop where prices may be inflated due to 'easy' insurance gains? just an assumption, I rarely deal with bike claims
  11. Most importantly don't let all the people saying I told you so about buying a bike get to you. This is a combination of incredibly bad luck and inexperience (even though it was her fault you will learn to predict these things). Eventually you will be going years at a time with out coming close to crashing.
    • Agree Agree x 3
    • Like Like x 1
  12. Thanks for all the useful information guys, I'll contact her insurer today and get the claim number and ask them if they'd like me to proceed getting quotes.

    Quick question, the bike is at a hiking yard presently (near one shop). How am I supposed to get 3 quotes if its unrideable from there? Surely I can't have it towed each time.
  13. go buy replacement levers and then bend the gear shifter back into a usable position with pliers ? well that's what i'd do but i'm a stubborn bastard.....(made it 2 towns over clutchless shifting without having to stop when my clutch cable snapped on me last time ! )
    • Dislike Dislike x 1
  14. #14 2up, Aug 14, 2013
    Last edited: Aug 14, 2013
    My advice...
    Make an anonymous call to any insurance company for advice. Maybe give another couple of companies a call as well and compare notes. It's the cheapest and probably the most accurate option as these are the people who know what to do.

    Do Not.......
    Hassle the lady who hit you. Get peoples backs up and things can change. (usually for the worst)
    Start demanding things from the police.
    See a solicitor. You'll only get ripped off.
    Attempt to fix the bike yourself. It may void your claim.
    Take advice from people who know less than you.
    • Agree Agree x 2
  15. I'd go to police, tell them what happened and let them know of your insurance situation. Then go to a mechanic and have a chat to him, he's probably fixed bikes that have been in similar situations and although not legally involved probably got an idea of what to do from chatting to his clients.
  16. Hi,

    In your OP you say you were "....hit by a driver doing ....." so was there a collision or not?

    What does the police report say?
    Are there witnesses ?

    and of course we all have her email address now......
    • Agree Agree x 1
  17. Gee that was predictable. Now here is what I would have done from the beginning.
    Get a copy of the police report, this will tell you what the police view is of the incident.
    Then I would get a quote for the repairs and any other loss you have suffered and send it to her registered mail with a covering letter explaining that you hold her responsible. The fact that she can't claim isn't your problem.
    This is now where it gets tough. She may say oh well it's my fault and wear it or, and this is more likely, she will dig in and then you will have to lawyer up and the fight begins. This will be costly, drawn out and you still might lose.
    These are the harsh facts of life and why not insuring is a pain in the arse, good luck.
  18. Go to a solicitor, get proper legal advice.
    • Agree Agree x 3
  19. #19 twistngo, Aug 14, 2013
    Last edited: Aug 14, 2013
    Get legal advice. If you're a student the student union might help.
    Seems she now denies hitting you? Suspect there's no marks on her car and her partner has told her to deny it. It happened to me (in a car) but I had an insurance company to fight the battles.
    If you don't want to lawyer up, write letter of demand to her with some quotes.
    You might want to write out your version in case it gets to court.
    • Agree Agree x 1
  20. I don't remember if there was a collision or not to be honest. I'm sure there was because I recall being thrown off my bike but that could have simply been as a result of turning too sharply or applying the brakes suddenly.

    I have to call back at 6PM tonight when the constable who oversaw the incident yesterday will be on duty again. I'll speak to him about this too.

    After I do I will compile quotes for repair/replacement of damaged bike parts and my gear, then send it to her with a letter of demand (including the details you mentioned). I will also note that if I don't hear from her then I will be contacting the financial ombudsman, apparently there is a specific section (caluse 4.2b, section 6) which I can apply for involving incidents relating to non-insured vehicles.