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NSW Driver at fault won't make insurance claim, what to do?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Vanny, Dec 10, 2008.

  1. So I was riding home one night in the rain, and as I was about to pass through an intersection a car makes a right turn (into oncoming traffic), I slam the brakes and take evasive action however I was way too close for the driver to be making the turn. I come down on the left hit my head and lose conciousness. The bike hits the back door. The damage isnt too bad, just a fractured neck, scratches and bruises. When I woke up in the ambulance, the ambulance driver told me what a dodgy guy the driver was. He's one of those 'fully sick' guys. There were witnesses at the scene who told the ambulance driver that the driver of the car proceeded to drive up the road and cause more damage to the car. This didn't make sense to me until I was informed by the police that he will be appealing the ticket that was issued to him. He has accused me of speeding (I was not speeding). The damage on my bike would show that it was a low speed collision. I do not have the contact details for these witnesses, only the ambulance driver who wrote me a note which describes their actions.

    When I was discharged from hospital, I went to the police to give my statement, they told me the driver was issued with a ticket, however he would be appealing. I was given the drivers details by the police for insurance purposes as he was deemed at fault.

    Now I've been chasing this guy for weeks and he has been giving me the runaround and Im fed up. My neck hurts and so does my knee. Its tiring. Everyday I would call him up and he would give me an excuse, some muslim holy day, something came up, etc etc any excuse for not making a claim with his insurance company. So today, he finally tells me that he will not be making a claim (he should have done that from the start). I do not have insurance of my own.

    What do I do in this case? Is the only way to settle this dispute in the courts?
  2. Do you know who he's insured through..?? If you do, I'd be on the phone to them yourself. Tell them what happened, give them the police report number etc and see what happens. - just an idea, not sure if this will work or not but worth the try.

    God some people just make you want to :blackeye: the sh#t out of them...!!!!
  3. Yep, that was the first thing I tried. They told me they couldn't do it for privacy reasons.
  4. yeah of course they wouldn't wanna be giving his details as they will be paying for it anyways!!

    i'd be going to a lawyer and calling him up saying to expect a letter in the mail!
  5. Do YOU have insurance?
    If you do, you should get your insurer to handle it for you. If they are even half Ok they will look after you, as the police ticket will pretty much guarantee the driver is held responsible. Normally the insurance companies will settle this between themselves, straight away. I wouldn't expect to be apportioned any blame or have to pay excess, but you'll need to get advice on that. Hopefully the cops got witness details for their case.
    Even if he makes no claim, your insurer should chase him, personally. They will want to see the police report.

    If you are NOT insured, you will have to chase him through the courts. You will probably win, eventually, but it will cost heaps and you probably can't get the legal costs back.

    Edit: just noticed that you said you've got no insurance. You're screwed.
  6. Take the POS to court.

    He's obviously got no regard for other human life considering the way he reacted after the incident.

    Make sure to press as many charges as you can and sue for as much as possible.

    Just reading that post makes me want to shove that Quarterwits head up a pigs ass then proceed to feed it as it sh%ts all over his face :evil:

    People like this need to be deported...

    btw this is coming from an immigrant.
  7. Re: Driver at fault refuses to make insurance claim, what to

    First of all - really sorry to hear about the incident, but thankfully you are ok despite the soreness etc.

    [-X tisk tisk but as this is the case I think you will probably need to either go through the Motor accident commission or speak to a lawyer to see about making a claim against this guy. But without insurance it could become very expensive, very quickly...

    all the best in getting something out of this... :censored:
  8. Sorry to hear that, and its not JUST a fracture neck !!! Please do not down play your injuries and take due care.

    I'm afraid in this situation, only a legal looking document can scare him into submission. and pursue this quick as he can still be pressured into making a claim. There is a certain time limit for making claims after which he cannot even if he wants to.

    This is similar to what happen to a friend. He got $0 back from a bike that was totally written off.

    Please at least have 3rd party. In this situation, you can claim through third party. I'm not sure if you can or not, but you might want to look at a debt collecting agency. You have to let scum deal with scum
  9. You can't force people to make an insurance claim. If he won't use his insurance you'll have to treat him as an uninsured driver. 2x letters of demand (as found here https://netrider.net.au/forums/viewtopic.php?t=30141&start=0 ) then drag the fcuker to court if he doesn't pay.

    You may find that the first letter of demand will be enough to get him to make a claim. It might also be worth sending a letter to his insurance company also, stating your claim against him and offering to allow them to assess your vehicle should he choose to claim on his policy. :)
  10. Call his insurer over and over, tell them you want compensation from someone they have insured, they do have a responsibility to pay if he wants to make a claim or not.

    This has happened to me, i was hit in the car the lady said it was my fault and dint want to claim and eventually her insurance paid my damages against her wishes.

    If your not sure what to do go in to ANY insurance agency and ask advice (make sure you let them know your looking for insurance too) someone who works in the insurance agency will know more then any of us randos.

    But at the very least call his insurer and say your property was damaged by someone they are insuring, give them the details of the person, REGO etc, tell them you have a police report showing him at fault and witness statements and see what they say.
  11. Re: Driver at fault refuses to make insurance claim, what to

    Exactly what is it that you want to claim from him? Medical costs or costs to fix the bike?

    I am not familiar with how things work in NSW as we have no fault insurance down here in Vic for medical cover when involved in a crash. In NSW I thought that they had changed it.

    If it's merely for property damage then get the bike appraised and send him the bill, along with any letter that a solicitor may care to write for you.

    In Sydney Mark Stenberg advertises in Aust. Motorcycle News. Better get on to him quickly, or someone like him.

    Good luck and keep us appraised.
  12. Well first lesson learnt. Have insurance.

    But yeah, if you are claiming for injuries, thats 3rd party, so if he's paid his rego your apples.

    In terms of damage to your bike, the legal threat might be enough to get him to make a claim (if he actually has insurance). But thats the point of having the 3rd party property, if you hit something and can't afford to fix it. Technically he has to pay, weither it be through his insurance or his own pocket. He stuffed up, its his problem to fix.
  13. NEGATIVE!!!

    He does NOT have to make a claim and his insurance Co. is not obliged to pay out just because you want them to.

    If my insurance did that I would drag their arses to court quicker than they can process my premiums.

    They act on my behalf if and when I MAKE A CLAIM.

    Who are you to make a claim against my insurance Co.?

    I may choose to pay you out, choose to repair your bike or choose to ignore you completely, it is entirely up to me.

    However, having said all of that, there was a collision, there were injuries so the police have every right to get involved and issue infringements where warranted.

    You have witnesses and ambos there to assist you in your report to the donut eaters ;)

    Good luck with it.

    Oh, and get yourself some fcuken insurance!!!!!
  14. This is the 2nd main reason to have at least 3rd party insurance on your bike (your insurance company will chase up the at fault driver for you).

    I would strongly suggest getting a letter of demand written up by a solicitor and have them send it to him.

    If your bike is worth a larger amount (harley? BMW? Ducati?) then it may be worth going to court to claim against him, if it's a cheaper bike then you'll almost certainly find it will cost more to take him to court than you'll get in bike repair money.

    And as mentioned above you probably won't be able to claim court costs against him (which is what makes it so hard to take these low lives to court).
  15. Re: Driver at fault refuses to make insurance claim, what to

    Thanks guys for your input.

    Yeh, I want the bike fixed and medical expenses paid for. A visit to the specialist is 300 dollars, which is not covered by medicare.
  16. He's already been given a ticket by the police.
  17. Do you know where he lives or works?

    Before going to court, I would talk to him. Something along the lines of:

    "Look dude, I really need my bike on the road. I don't have my own insurance that I can claim on so they chase you, and the accident was your fault. I don't want to have to take you to court - if you claim on your insurance, I'll pay the basic excess. So it won't cost you anything to help me fix my bike."

    If he refuses, make his life fcuking hell.
    Slash tyres, sign him up for junkmail, report him for child p0rn, do a letter box drop of his neighbourhood telling all his neighbours the situation. He's a muslim? Perhaps your local butcher can help out...
  18. "Third party" insurance covers damage to another (third party) vehicle or object.

    Third party insurance, of itself, does not provide any benefits for you, except to pay your costs against a third party. That is not the case in question here.

    All the best

    Trevor G
  19. When I've taken out third party in the past they have said that if I am not the at fault driver they will cover the repair of my vehicle and chase the other party for reimbursement. Never had to actually put this to the test but that is what I was told by the insurance company.
  20. Better get a Lawyer,son.
    Better get a good one.

    With apologies to "The Cruel Sea"