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VIC Driver hit me with no insurance

Discussion in 'Politics, Laws, Government & Insurance' started by Unfinishing, Aug 18, 2015.

  1. Hi guys, today on the way to University I got in a bit of an accident. I was riding in the left lane on Toorak road and I was coming up to a light, a woman in an SUV on my right swapped lanes quickly with no indicator in order to make the light and in the act clipped the front of my bike damaging and cracking the fairings, fortunately I didn't go down.

    I told her to stop on the side and we exchanged details (I have a picture of her license) and talked, turns out she doesn't have insurance however I called the dealership and asked for how much the fairing would cost, the dealership gave me the wrong fairing price ($140) the real fairing I needed would cost much more. Either way she gave me $180 in cash, however after realising that it will cost me much more I think I need to follow through with insurance.

    I'd appreciate any advice on how I should go about this providing she has no insurance, I checked my policy (mi-bike insurance) and it seems I won't have to pay an excess (excess is 1.2k, repairs will cost less) considering she is at fault and admitted it to me.

    Do I just call my insurance and tell them what happened are there any finnicky details I need to be aware of?


  2. Call the insurance company and let them deal with it, provided you have no excess to pay.
  3. Of course. Isn't it obvious. If you have comprehensive insurance it's to save this ball ache. Call them and advise that she has paid you the amount cash as well as that will be factored in.
  4. good luck
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  5. I work in insurance, so excuse me for sounding like a know it all, but liability and claims is what I deal with every day. I am speaking generally as all PDS's are different from insurer to insurer.

    IF you contact your insurer, you have effectively jeopardised any chance that your insurer has of recovering the repair costs form the at fault party. Yes insurance companies recover from the at fault party. Waiving an excess is at the discretion of the insurer. You WILL be asked to send them the monies she sent you to contribute and they will try to recover the balance from her if they choose too. NEVER accept funds from anyone regarding an accident, under any circumstances.

    However, in saying all that, if your repairs are exactly what she paid, then use that to get your bike fixed and do nothing more about it. As your repairs are more than she paid you, get a quote and head to her place and ask for the rest. If she doesn't pay, then you have to suck it up. If your insurer cannot prove that she came into your lane (by proving I don't mean because you said she did), then your excess will more than likely stay in place. And as repairs are less than excess, your insurer wont do anything and you will have the option to withdraw the claim and get the repairs done yourself.

    If I was in the same boat, I would get the quote and head over and if she wasn't interested, I would cut my losses and get it fixed myself because I know I have created more issues for my insurer and an increase in premium for a minor incident is not worth it for a few years.

    Apologies for being blunt, but I hope this helps you see the reality of insurance :)


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  6. I agree, even with fully comp you're more than likely to wear your excess as the insurance company can't always get the excess from the uninsured party.
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  7. Correct me if I'm wrong...I'm tipping your a learner and your excess is quite big??
  8. Try and get the right quote for the damaged fairing and explain to the driver the incorrect quote given. Just be honest and hopefuly it'l be reciprocated.

    UnfinishingUnfinishing look on the auction site - there's plenty of genuine fairings for those little green things around. You shouldn't be too out of pocket if any.
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  9. She paid you $180 for a taxi ride home out of good-will, that's great.
    Unless she signed a contract excluding her of any further damages then proceed through your insurance company.

    Toorak road is a prick which I use as-well to get to uni (might have seen you a few times), I imagine you were splitting past the parked cars on the left and as soon as a gap opened up she cut across without indicating? See this everyday.

    Claim through insurance, give them all the information including her admission of guilt. If your gear was damaged, remember to claim through that aswell. Any rental cars etc can also be tallied up.
  11. Quite apart from anything else, I would be ripping a hole in the dealer who misquoted you the price of the fairing - they're the real villains in this sorry mess.
    But that's not going to get you out of the hole.
  12. From a person who went through all of this once before I would take this advice!!!

    You are probably going to have to come up with the excess before they will do anything, and you probably wont get it back until they recover it from her. And the real fun thing is that she take her sweet time doing it.
  13. the payment of money alone may have constituted a contract.

    I'd contact her, explain the situation and tell her you are thinking of going through insurance. tell her to come and get her money back. I'd suggest getting a full quote beforehand, so if she wants to pay you more cash, she can. Have it ready to show her.

    Keep in mind that you will be paying excess, if you claim, which you might get back, if your insurance company is successfull in getting money out of her, in 3 years time.

    she, on the other hand will pay more if you get your insurance company involved.

    so it's in both your interests to get it settled now, without insurance companies.
  14. Considering what could have happened and knowing the crazy drivers around that area myself I'd say it definitely could have been worse.
    Good job for keeping yourself and the bike upright.
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  15. Fair call, the advantage of insurance is for them to deal with her if she is difficult and drags her feet when it comes to pay. Calling her first to see if she steps up could save you dealing with insurance.

    Certainly get a full inspection, depending on how hard she hit the subframe may be slightly bent or cracked.
  16. #16 Tiziri, Aug 18, 2015
    Last edited by a moderator: Aug 18, 2015
    FYI what is said at the scene is not admissible I.e. cant be used unless it is verified by independent witnesses. Saying sorry is not an admission. All one has to say is that both parties were changing lanes and both parties will take care of their own repairs.

    UnfinishingUnfinishing .. at the end of the day it is up to you. Happy to help via PM if you want.


  17. Or look on the bright side and stick the $180 in your sky rocket because you'll be dropping the bike again anyway.....................

    DON'T take that the wrong way, and it's not a personal attack. My bike has battle scars down one side from two low sides (I'm crap on right handers apparently), no doubt it'll happen again.
    BUT, when it happens again hopefully someone else will have been responsible for it ;)
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  18. Thanks for the replies, definetely appreciate them. I think what I will do is call her and give her the "oppurtunity" to sort it out between us before I call the insurance company and see what they can do without me paying an excess. By simply calling them and informing them on the situation would that at all affect my premium? Or do those things happen only when I pay the excess?
  19. Your premium will only be affected when you lodge a completed claim.
  20. Also, count your blessings. There's positives here as well. After all, it sounds like you're already $180 better off than you could have been.

    Plenty of people that are less obliging out there that would have lied and fought this all the way leaving you with either an insurance claim (where your excess might exceed the cost of repairs) or paying it all yourself with no compensation at all.

    And when calling her, consider her perspective as well. She doesn't know you. From her perspective it may have already been settled at the accident and she may be wondering whether you're now trying to scam her for more money. Offering to show her quotes or invoices as evidence may help...
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