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SA Bike stolen, thief caught

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Isolationist, Aug 19, 2015.

  1. Howdy guys,

    Last week my (fully comp insured through InsureMyRide) 2011 GS500F was stolen. Two hours ago, I received a phone call from SAPOL; they'd caught and arrested the theif, and I needed to pick the bike up.

    The knobhead theif had painted over my license plate with white paint, and texta'd over a new number (badly); the police took the plate. I was left with a plateless bike with cracked fairings, scratched exhaust, removed stickers across the entire bike, and the ignition, seat and fuel cap locks were all drilled out. He also broke apart my Ventura rack and threw away some parts (???)

    I managed to get it started with a screwdriver and rode it to my work (to leave it in a close - to - city safe location), but I have a question; the person that did the damage to my vehicle is known. Will I still have to pay the excess and have this claim show up in my history? I think that's the way it's going to go, which sucks. The vandals details are known, can't they chase him for the funds?

    The biggest reason I'm concerned is I get off restrictions in four months and having a claim against me is going to murder my premiums moving into a big bike :(.

    Reading through the insurance documents, there's no mention of this situation. One thing worth noting though, is that I just found out I could have had a hire bike covered by Insuremyride, but they never bright it up despite me explaining my primary transportation had been jacked. Grr!
  2. You would assume not but you will need to ask your insurance company. Get the Case number from the Police or a Police report you can give the insurance company.
    • Agree Agree x 1
  3. the bike was stolen and/or damaged, the person at fault is known.
    the insurance company should pay up to you and chase them for the money.
    as above.. call em again

    bugger that they didn't mention hire bike
    • Agree Agree x 1
  4. The claim should only hit your future premiums if it was an at fault accident.

    In this case you may have to pay the excess, and then the insurance company will pay you back later.

    but as others have said, check with the insurance company.
    • Agree Agree x 2
  5. I'd be interested to know what actually happens here. Does the insurance company only pay you back the excess if they are reimbursed themselves?

    If so, I wonder how likely it is that they will be able to get cash from a thief. From what I've heard, in cases like this, even if the courts award against a thief, they just don't pay. As such, I would imagine that the cost to the insurance company fighting this to finally getting cash out (if they have anything of value) may be more than what they'd get back (less your excess cost) so they'd just not worry about it and keep your money?

    I hope that's not the case, but my experience with this sort of stuff is that it seems to favour the crims more than honest people.
  6. From what i can see on their PDS "
    . “excess free claim” means that if we agree an
    incident is not your fault and you can give us the name
    and address of who was at fault, and their vehicle
    registration number, you won’t have to pay an excess.

    Technically as you cannot provide their full details then your excess applies. I would suggest that if the thief is convicted, then they have the option to recover from him, in that case you should get your excess back, whether they choose to recover or not is for them to decide.

    That being said there is no part of the policy that says they need to give you the excess back. An excess is better than getting minimal to no payments from the thief for the next X number of years.

    Also, you can still ask for coverage for a hire vehicle
    "Hire vehicle following theft
    If your bike is stolen, we will reimburse you for a hire
    vehicle for up to 14 days, or until your bike is recovered
    and returned to you in a road worthy condition, whichever
    is the earliest."

    Your bike isn't in a roadworthy condition, so you can still claim your hire bike up untill it is fixed or 14 days. It doesn't say from the date of the theft.
    • Agree Agree x 2
    • Informative Informative x 2
  7. I can't help with the excess question, but the damage you've described will possibly mean a write-off.
  8. Wtf? Seriously? To me, that's ridiculous.....having to pay excess.

    There is a police report stating your bike was stolen and damaged, or should be.

    Obviously not your fault.

    Who cares if the insurance company gets the money back from the theif, that is the game of risk they play and why we pay premiums.

    Why should you provide full details of the theif? Again that is what you pay premiums for.

    Sounds dodgy to me. But I'm no expert, and a little drunk.
    • Funny Funny x 1
  9. It's insurance, it's not meant to make sense to anybody except the accountants at the end of the day. Insurance companies exist to make a profit, as more claims are made against insurance profit reduces, so they seek any possible way to reduce their payout on your liabilities as is possible within law. In this case however the insured party has positively identified the person that caused the damages through the police. To be honest I as a reasonable person would consider this a case where excess does not apply, but most insurance policies do not do this. OP will likely have to pay excess to have the repairs effected and hope the deadbeat has the funds to cover the excess at the very least.
    • Agree Agree x 1
  10. quick trawl found people in similar situation where they had to pay excess up front, then were refunded when either charges were laid, or the ijit was convicted.
  11. Yes, they are a business and are around to make a profit.

    However, an excess is the first portion of any claim that you agree to pay, if it goes over that amount, the insurance policy kicks in and they cover the remainder. The amount of excess that you choose to have on a policy then effects the cost of your premium, higher excess = lower premium. In home insurance policies this excess is (almost) always applicable.

    Motor policies have one caveat that allows you to not have an excess. That's when someone else is responsible and you can provide their full details. Yes, this is based on the fact that the insurer can get the money back that they would spend fixing your property. However, that excess still applies because that is what you agreed to pay when making a claim and had an impact on your premium, in that instance they just waive it for you.

    It's not some shady nefarious scheme.
  12. Cheers for all the advice and thoughts, guys. I've now got more info!

    Guy who was arrested riding it had meth in his system, and meth paraphernalia on his person. He had an upcoming court case this week anyway, so they rolled the pre-existing case in with this one and he's already in jail awaiting full sentencing.

    He's claimed he didn't steal the bike, he bought it from his dealer and refused to name the dealer. Somehow, this means the police are charging him with 'receiving stolen property' absolutely 'illegal usage of a motor vehicle', and aren't pushing the issue.

    The first quote came back today, $5,600 worth of repairs needed. This would be a write-off, but the business that provided the quote wasn't a repair shop, so the insurance company are sending it to their appraiser and then through to another repair-oriented place that will quote based on replacing with second hand equipment and buffing etc. I suspect I'll end up getting back an interesting bike with issues if they decide to repair.

    Insurance have guaranteed that this claim will not affect my future premiums as I'm not at-fault, but state they're not sure if I'll get my excess back due to the one-line "I DIDN'T STEAL IT OFFICER". I'm surprised the law makes this distinction; if a red light camera takes a photo of my bike running a red, I get hit with the fine and demerits unless I point them at the guilty party.

    "I didn't murder this person, someone else did. I'm just disposing of a corpse " is an interesting legal standing!

    I cracked the shits about the lack of hire, and ended up bringing up the point Slowrider raised. I've now got $1500 worth of hire motorcycle until the cash runs out or a decision is made regarding my bike. Best LAMS rental bike I could find was a KLR650 for $170 a day, but that's a hell of a lot better than nothing.

    Check out the damage! My poor bike :( 20150820_091848. 20150820_091838. 20150820_091815. 20150820_091803. 20150820_091754. 20150820_091738. 20150820_091729. 20150820_091715.
  13. He certainly went to town on that ignition lock. Looks easy to replace though, instrument cluster off, top clamp off and then probably two shear bolts like most Suzukis.
  14. #14 Vertical C, Aug 22, 2015
    Last edited: Aug 22, 2015
    At fault claims can increase premiums.

    They dont always get the money back.

    Your decision whether to claim or not. Personally i would ride it round for four months then claim. They will write that off. Your insured amount will be a lot more than market value probably and then you can go shopping with cash on a big bike i would just use a screwdriver and a disc lock in the meantime. Dont put money into that bike.
  15. Jeez that doesn't look like $5600 required!!!
  16. I've already got a 2010 B-King for my 'big bike' once I get off restrictions, that's why I've been so concerned about the premiums (naked Hayabusa & under 30, they think I'm a squid).

    At this point, the first repairer say the insurance company told them it was a write-off, but the insurance company have told me they're sending it to a panel-beater/crash repairer. I'm not keen on the idea of having someone glue the fairings back together and call it a day.

    If they wrote the bike off, I might either offer to buy it back cheap and use it as a two-up/beater bike, or take the cash and buy a sexy 2004 LC4 640 Supermoto that is for sale locally.

    I really don't want a half repaired bike :|
  17. Do they know the extent of the damage. Mine was going to fix mine then I said come look at it and they wrote it off as the forks were broken
  18. How on earth is this supposed to hold up!?! Our law is p*** weak and favours the criminals. He can make a statement, provide no proof to back it up when evidence is to the contrary and they run with it? The law should be if you say you bought it from someone else you should have to provide a name or other evidence, otherwise you should be charged with the theft yourself.

    Seems to work that way for law abiding people. This whole protecting the criminals rubbish is beyond pathetic.

    I suppose looking on the bright side, at least this bloke is behind bars, and your future insurance isn't affected. That's a start.
  19. Don't believe everything on the internet

    And if the criminal was behind bars it means that the money won't be recovered and so insurance will likely go up
  20. #20 oldcorollas, Aug 24, 2015
    Last edited: Aug 24, 2015
    If cops don't have direct evidence, and he knows it, then not much cops can do except press a lesser charge :(

    Its that whole technically innocent until proven guilty thing..
    • Agree Agree x 1