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NSW Bike busted, truckie no insurance

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by mav, Aug 15, 2011.

  1. So i walk outta the office this arvo after 5pm, the street is completely empty, except that there is a semi-trailer parked across the width of the street, and the truckie is out of the cab inspecting my bike.

    Long story short, gouges in the road, and damage to the left hand side of the bike,
    bent handle bar
    bent left indicator frame
    bent headlight frame
    cracked rear indicator light
    forks are not aligned, mudguard skewing off to the side is a dead giveaway, scratches and gouges on the front brake caliper
    bent sidestand
    scratched rear vision mirror / headlight casing / bar end
    scratching on the wheel

    The missus owns the bike, its registered and comprehensively insured in her name.

    Can we make a claim through insurance? (i know there's like a $500 excess fee)...the truckie didn't want to give his insurance details but i got all his other license details and checked it was current (date).

    My mechanic says that cos its insured under the missus' name we can't claim because I had used it to get to work (hence she wasn't riding at the time), but a couple of mates AND the police reckon that as long as its insured we can claim. I wasn't at fault, the bike was parked, and the truckie admitted to hitting it.


    oh and estimation to return the bike to new condition is $3500. '05 VTR 250 in clean unmarked condition until today. Would a write-off be a consideration considering the value of the bike?
  2. I guess it depends if the insurance specifies her as the ONLY rider or if it covers others...

  3. Even if she was the only nominated rider on the policy, normally there would only be a higher excess.
    However as he's not at fault, I think he should be able to get his excess back when the insurance company recovers the money from the driver. I might be wrong but this is the way I assume it should work.
  4. no excess if not at fault, but him not having insurance is a problem
  5. Jeez some people should stick to their day jobs.
    If the bike is insured, it's insured. Even if she is the only nominated rider she can ellect to let someone else ride, in this case the insurance company will automaticaly ask for the basic excess and maybe the non nominated rider excess.
    Once the truckie admits he cleaned you bike up, all excess will be waived.
  6. what if a claim gets put in and say she was the rider on the day? truck driver wouldnt give a rats would he?
  7. don't lie to the insurance co, they do investigate sometimes and if they even sense that something is not as it seems they won't ask further q's they will just refuse the claim and it will cause you a whole lot of pain in getting any sort of payment plus trying to get insurance in the future even with another insurer (anyone remember the q have you had a claim refused by another insurer?).

    As mentioned you are likely still to be covered and in any event where possible the insurance co will look to recover what they can from the driver.

    Make your claim honestly and you should be fine - it shouldn't effect your no claim bonus and although they may ask for the excess up front (until fault has been cleared/admitted to) it shouldn't really effect you in the long run.
  8. The reason you are covered is because you have an insurable interest in the bike. Unless you are expressly excluded as an insured (example, under 18yo on a policy which excludes under 25's) then you are covered.

    Look up the Insurance Contracts Act. It's all in there. Just put the claim in, don't lie about anything. Give all the truckies details and they should waive you're excess and you're good to get the bike assessed/repaired.
  9. Apparantly nobody was riding the bike at the time, it was parked so why should the insurer care who rode the bike earlier that day?

    An insured bike was hit while parked. I can't see anyway the insurance wouldn't pay (unless the bike was insured only for weekend use)
  10. I'd worry about what anyone who would spout this claptrap might do to my bike...

    Talk to your insurer about your policy. (As others have said, you should be fine)
  11. thats the values i can remember off the top of my head, (i own a vtr and look up parts for it when ive got nothing better to do at work) insurance will go genuine parts, as it has to be restored to the condition it was before the indecent. in this case id say they would write it off. but its in a gray area
  12. I cant see why insurance would deny it, it wasnt your fault and you two should be around the same age right?

    Good luck with everything Mav and Mrs Mav, hows your cutie little bobble head going :) lol?
  13. This one is actually pretty simple. Your bike is insured, full stop. No-one was riding at the time. Doesn't make two diddly farts difference who rode it earlier that day, no one was riding at the time. No-one who is on the policy caused the damage. Therefore, it's a not at fault claim, get your missus to give all the details to your insurance company and away they go.

    If they try the old "you have to pay the excess until we can prove you're telling the truth" trick tell them no way. You're not paying a cent.
  14. if you are married or living together you are covered by the wifes insurance, there is no need for you to me named if you only ride the bike occasionally (you only ride it occasionally dont you?)

    As you (or your wife) does have insurance you should claim. It doesnt matter if the truckie is insured or not. It is up to the insurance company to get money out of him.... NOT YOU

    Thats the nice thing about insureance, you pay a premium, they take the risk, it is their problem not yours.

  15. (i) Your covered unless you are specifically excluded. (Not licenced, under 25 etc)
    (ii) The bike being parked means diddly squat, it's still insured.
    (iii) There may be an issue with excess (if the truckie won't pay up), but this depends on the policy. For example you may need to pay it then get it back later.

    (iv) You need to stop listening to mechanics....
  16. Aah How the **** does a SEMI run into a parked bike???
  17. Is it possible that the mechanic/insurance broker was saying that YOU couldn't make the claim, only your wife can because the policy is in her name (rather than a claim can't be made because she wasn't riding). Just trying to find some vaguely sensible reason for his/her comments.
  18. well thank you all for such informative stuff

    however i feel a little guilty having asked, also maybe have wasted y'all time a little...went home and checked the policy...it's CTP only...faaarkk.

    so guess i'm going to run around, get 3 quotes, and see how much i can get out of the guy. i;ve got his license, ph number details etc

    and FYI for those who don't know, i tried to submit a police report, but the cops said they dont do these anymore. they dont take an interest (or care) unless

    (i) someone was hurt
    (ii) any vehicle had to be towed
    (iii) a driver was under the influence of drugs / alcohol

    early estimates by the mechanic using genuine parts is $3500 total
  19. Shit Mav. Talk to legal advice, if the truckie wont cover the cost of the bike.

    Was there any company name on the truck? Could give them a call.
  20. I was told similar mav, bloke at blacktown station told me to give PAL a ring and you can do it over the phone (131444).