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VIC Crashed, should I claim insurance?

Discussion in 'Politics, Laws, Government & Insurance' started by BeardOWar, Oct 8, 2012.

  1. This arvo after work I was on my ride home, filtering between parked cars on my left and stationary backed-up traffic on my right. This woman in a car made a right turn through a gap in the backed-up traffic across my path. I wasn't aware of the gap (my first big mistake) until she was driving through it and already across my path. I slammed on my breaks, at least one wheel locked up (second big mistake) and my bike threw me off. I wasn't able to stop short of where her car was but she'd cleared the intersection before I got there, so I didn't hit her car; all the damage was to me and my bike. The engine struggled to start initially but after a few goes it seemed to run normally until I got home. My handlebars are bent and I noticed some cosmetic damage to my forks, tank, pipe, brake lever and headlight. Physically the gear did the job, I've got a scraped knee and sore ribs, but nothing that won't clear up in a day or two.

    Now, I don't really know what to do from here. The driver and I swapped details, she seemed cool, was apologetic and not trying to blame me at all. I literally just got my licence yesterday, I can't remember whether my insurance (Swann) said it was automatic at-fault for novice riders or just L-platers. I don't know how me filtering would affect the insurance, or the fact I was in a kind of cycle lane. (Not designated with signs like "proper" bike lanes, dashed instead of continuous line between cycle lane and traffic.) I don't know how much it would cost to straighten the bars and whether making a claim would be worthwhile. Halp!
  2. Think its about $1000 excess if you claim on your insurance. (my son just had to, so we know these things). Get a mechanic to look at it. They can usually advise which way to go. If she doesn't accept liability it might be difficult claiming against her.
  3. Glad you are OK. Probably best to do the repairs yourself as the damage doesn't sound too bad and any claim at this stage will push your premium up significantly. The handlebars can be straightened fairly easily.
  4. cjvfr, the handlebars I would be okay doing myself. I guess my main concern would be whether there's anything wrong with the bike that I can't tell myself. The steering definitely felt funny, maybe loose? I'm not sure if that was just because of the alignment or what.

    I think taking it to a mechanic as per twistngo's advice would be for the best, as long as Swann wouldn't throw a hissy for taking it to a non-approved mechanic or some such.
  5. Ok, often what happens is the shock absorbers move in the triple clamp, particularly if the bars are bent. In most cases you just need to loosen the clamps off and give it a wiggle and it will drop back in to alignment. Maybe take it to a mechanic as you suggested if you are not confident. Your insurance won't mind if you don't intend to claim. If you choose to claim later on they may insist on an approved repairer,
  6. Describe the road to us if you will. I'm picturing two scenarios.

    1) A two lane divided road. Cars parked against the kerb to the left, driving traffic banked up in the right lane (be it stationary or not). If you fit in the left lane and the cars in that lane are parked, this is not filtering. Driver is at fault for cutting you off, causing a crash.

    2) Single lane road, but wide (industrial type). Traffic parked on left, driving traffic to the right. Again, I do believe this is considering filtering. If the traffic is stationary, you are (to my understanding) within your rights to pass on the left. If the traffic is moving however you are not allowed to overtake to the left, and are thus in breach of road law. That being said, she's still cut you off causing a crash, she's not removed from fault because you weren't following the road law strictly speaking. You might cop a fine regardless of who's deemed at fault though.

    I'd personally make the insurance claim, it sounds like it's her fault.
  7. Good to see your ok bud .yes mechanic would be your first stop look at the cost to fix your bike up and see what the excess is on your insurance .

    What state are you in ?? What road was this ??
  8. just for a quote is OK. explain you want to know if its worth putting in a claim.
    we've had to get handlebars replaced and forks straightened and it was around $400. didn't go to insurance. if its an insurance job, the work doesn't get done until Swann approves.
  9. If the damage is worth more than the excess , claim.

    if not source parts/mechanic get it fixed that way.

    glad you're not hurt mate.
  10. How long did it take you to come up that no-brainer? :LOL:

    • Like Like x 2
  11. You need to factor in the effect it'll have on your insurance rating and premiums to come. I wouldn't want to make an at fault claim so early into riding unless it was going to cost me a ridiculous amount more to pay for the repairs myself.
  12. Thanks for the advice everyone. Gave a call to City West Yamaha this morning but they couldn't see me until Wednesday week, so I called Race Replica who can fit me in tomorrow morning. Hopefully they don't mind me bringing in a Yammy :p RR are about 1/3rd the distance from my house anyways so I feel better about riding my dinged-up bike there.

    I called Swann and confirmed my excess. $400 plus $300 for being under 25. At $700 I think I'll almost certainly gonna do this without insurance. At least I don't have the $500 on top of that for being a learner any more! I'll call the driver and see if she wants to help with my mechanic costs, although I know I'm at the mercy of the kindness of strangers here and if she doesn't want to help, tough bikkies for me.
  13. An SR250 will be a cheap repair. If I was getting an assessment from the shop, I'd be very clear with them that I want an assessment only, for the purpose of me knowing what I should repair. In your shoes that might be hard - your lack of knowledge might come through - but my concern is that the shop will see this as a way of making easy money, whether from your insurer or out of your own pocket. Seriously, aside from a possible issue with the forks (unlikely), I can tell - by use of my magic mind - that your bike is fine, your engine is unharmed, and you can ride on. Any other damage is an eBay bolt-off bolt-on affair.
  14. I would look at putting a claim in on insurance anyway and explaining the story of what happened to them. If you provide the other drivers details and they agree she is at fault then you shouldn't have an excess at all. If they still want to charge an excess then you can decide whats cheaper for yourself in the long run. If you don't want to go ahead with the claim then they can cancel it and there is not detriment to you.

    I think its worth going through that part of the process anyway whilst still getting a quote on your bike. Then when you decide you are making a decision with all the information.

    I would be interested to see how the liability discussion went with Swann.
  15. What road was it?
  16. Well, it's in at Race Replica now. I said that I just wanted them to look it over, the guy said he'd call me and let me know what the costs are before doing anything. It was a bit of a dick to start again this morning but that might just've been a cold engine.

    Jack, it was northbound on Wellington St in Collingwood.
  17. Just got your licence yesterday? As in L's or P's? Either way, if you're a noob, don't filter.

    If I was the driver I'd tell you to get nicked, I can't beleive you're even considering hitting her up for money when you were the one filtering..

    Don't get me wrong I dont care if people filter, but be aware of the risks, and don't try and hit up some lady for money when it was your fault.
  18. Licence as in my full motorcycle licence, not Ls or Ps.

    Last time I checked, filtering wasn't illegal and vehicles making a right turn need to give way to oncoming traffic. I already mentioned where I went wrong, but the driver made a blind turn across oncoming traffic. Neither of us are blameless in this situation.

    Anyway, in addition to the bent handlebar, apparently one of the fork seals has popped. They want to replace both seals for $250. Does that sound reasonable or is it something I should fix myself?
  19. There was a good write up about this in AMCN a couple of months ago. Whilst there is no specific rule against filtering per se. Every state in Aus has infringements and offences that basically make it illegal e.g. no overtaking on the left etc. They just don't call it filtering.
    I'm sure Justus can name a couple.
  20. You can't overtake on the left, unless the vehicle you're overtaking is stationary (as was the case here) or is indicating right to make a right turn or U-turn. The law about overtaking on the left would prohibit splitting but not filtering.