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Am I at fault?

Discussion in 'Politics, Laws, Government & Insurance' started by blackjacket, Nov 5, 2007.

  1. Okay, two weeks ago, I had an accident where a pedestrian walked in front of me when I was splitting.

    I was dumb enough to not get the guys details, but I swapped them with the driver of the van I hit.

    He's come back today with a quote of $2000+, (which I'm quite surprised at). He's going to mail me the quote.

    So I'm not sure what to do at this point... Am I at fault? Do I just pay up?

    I paid for my own repairs, just got the bike back too. Slapping myself at not getting the ped's details. :(
  2. Your first stop should be your insurance company, if you don't have one then you probably need some legal advice.

    Have a look in the back of the Australian bike magazines for bike friendly solictors, but remember not to spend to much $ on the legal stuff as it's $2000 you are talking about and that won't go that far before it could cost you more in legal fees than the bill they've sent you.
  3. just a point re the $2000 - that really is not a lot of money for repairing a car these days. Especially if even seemingly trivial damage may require re-spraying a whole panel or something.

    +1 for flicking it straigt to your insurance company to deal with, this is what you pay them for.
  4. No insurance... and I can't get any because nobody will insure someone who has had their licence disqualified in the last 5 years. I got my licence suspended for speeding 2 years ago.
  5. Bottom line is, you hit the other vehicle, you are responsible.

    If the other vehicle was stationary while you were splitting, and you hit the ped causing you to fall off or to swerve and hit the other vehicle, then your the bunny.

    Can't blame the ped, they are long gone.
  6. Who have you tried? I had my licence suspended less than 5 years ago, plus an at-fault insurance claim, and Swann still insured me..(okay so I'm paying $1300 for the first year, but it's better than no insurance.)

    But in your situation, as Tweet said, you hit 'em, you're at fault.
  7. Try writing to Harold Scruby at the Pedestrian Council. Ask him to pay up because a pedestrian caused the accident. The response would be a good laugh I'm sure.
  8. if you do pay it yourself, make sure your receipt absolves you of all further costs - ie what you are paying is for all repair costs asssociated with your bingle.
  9. Given that lane splitting is only quasi leagal anyways, I think you're screwed, but by all means contact a lawyer of some sorts, bugger all harm in trying I reckon.
  10. Very simple matter. Who is at fault here and what could they have done to prevent it?

    Van driver: He was just sitting at the lights, doing nothing wrong. There is really nothing he could've done to avoid the crash.

    You: Were splitting (which is more illegal in Sydney from what I hear) and YOUR BKE caused damage to a stationary van.

    Pedestrian: No doubt he was in the wrong, but seeing as no-one has his details. Who cares.

    Someone has to pay for the damage to the van and seeing as you are the only person at fault here (practically speaking), you're responsible for all the damages.

    Also, it's very easy to cause lots of damage to vans. So if you damaged the panel and paint, $2000 is very realistic.
  11. not this again :shock:

    The question wasnt legality of lane splitting.
    There is no such thing as "quasi legal" or "nearly legal" or "pretty much legal" or "almost illegal". It is either legal or not.
  12. +1 at the end of the day you were lane splitting thus making it automatically your fault in the eyes of the law(lawyer or not).
  13. +1 to this. There are a couple of guys who advertise in Bike Mags, but seriously, you are going to end up paying $2000 + upwards of $500 -$1000 (just a guess). Just pay it. :evil:
  14. Looks like I'll just be paying it. Big items were $1130 for a tailgate, $247 for tail lamp and $374 for labour + painting.

    For next time, If I had the pedestrians details, what would I be doing? Also learnt to take photos of everything with my mobile phone. Gah expensive lessons!

    darkLightBoy: Does Swann insurance have a proper website? I looked at InsurMyRide, Shannons and NRMA. Who are the other motorbike insurers I can try?


  15. Yep, all your fault I'm afraid so you'll have to pay up.

    Wasting money on legal advice would be pointess at this stage so don't worry about that. However, it's not unreasonable for you to ask for three (3) quotes from different repairers and then paying the cheapest quote. It's also worth checking those quotes to make sure there isn't any extra work thrown into it at your expense. :)
  16. Arista is another insurer you can try, particulalry good value if you're 40+ I believe.
  17. AAMI I believe provides a flat rate ($99 per year?) third party property only insurance. many other companies also offer third party property or third party property, fire and theft for significantly less than comprehensive (well, that is unless you've got a good driving history and a beat up old XT600!)