Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Gear cover after an accident

Discussion in 'Politics, Laws, Government & Insurance' started by Holster, May 7, 2010.

  1. Hi Guys,

    Quick question. I want to claim some damage to my gear after an accident (not at fault)and I dont have gear cover on my policy.
    Do I need to contact the insurance company of the person that hit me or do I just put the gear on my claim and have my insurance company pass on the cost to the other insurance company?
    If I have to contact the at fault drivers company myself what is the best way to approach them?

  2. If you are claiming through your insurer, ask them.
    If they won't / can't help (they should but....) write a "template" letter to the other guy and his insurer.
    Have quotes attached to the letter!
    Templates are in this thread in a sticky.
  3. I can't help on the insurance / claim side itself, but the first thing I would do is get a written quote or two on the gear that needs replacing, like for like (eg same model helmet, jacket etc).

    It would be worth having a read of some other insurance policies to see what the standard depreciation rate on gear is like... eg a helmet that is 2 years old and cost $1000 might typically attract a payout of $600 (20% depreciation per year), so that you know what the insurers may consider 'reasonable'... that's not to say that's what you should request, but just so you're not surprised if they haggle with you based on the age of the gear.

    Also may be necessary to document (photograph) the damage to the gear that needs to be replaced.

    I'd also ask your insurance company about it straight away, asking what information they need from you to present your claim for damaged gear to the at fault person's insurance.
  4. OK, so my insurance company have told me I have to deal directly with the drivers insurer. I have a quote for the equivlaint boot (as mine are now discontinued).

    I had a look at the templates and the note not to change wording - the issue I have is the other driver has refused to provide her last name or address (so I can not send a letter to her) and the template for the insurance company just states that the letter sent to the driver is enclosed

    is something like this OK:
    Dear [xxxx],

    Re: accident on [date] , at [location].

    I am the owner of the vehicle [bike make, model & rego] which was damaged as a result of a collision with the vehicle operated by [driver first name](last name and address not provided), registration no [XXX 999], claim number XXXXXXXX on the above date.
    I am holding the owner of the vehicle [XXX 999] liable for the damage to my vehicle and motorcycle safety apparel. I have contacted my insurance agency, [Insurance Co Name], claim no [XXXXX] and they will be dealing with you in regards to the cost of damages to my vehicle.
    After talking to your contact centre I have been requested to contact you directly regarding damage to my motorcycle safety apparel and to include a quote for replacement.

    Please find attached a quote for replacement of my motorcycle safety apparel. If you require further information or need to view the damage to the apparel please contact me on [phone number]
  5. Send it to HER insurer. If no response is recieved in 14 days then the only option is court action.

  6. Yeah - Thats where I was planning on sending it
  7. Jeezuz Hols, WTF??? Are you OK? Give me a call when you can and tell me what this retard did.

    How the f**k can she refuse? and get away with it??? I thought it was law you HAVE to exchange details following an accident.

    Have i missed something Tramp?
  8. You are required by law to exchange license number, name, address, and insurance details after an accident.
  9. That's so dodgy! She REFUSED to give all her details? You can take that to court, but prob not worth it. Either or, to the police - I heard somewhere that's it's mandatory to give your details (ie, illegal if you don't!).

    Are you okay Holster?? Coming from another Hols, we can't afford to get hurt! what happened? It's really good you're still with us.
  10. Not entirely true.

    There are 2 things you can, and should do first.

    1) If HER insurance company refuse to cover your gear, you need to go to internal disputes for that company. Try and resolve it with them. Explain that because she is at fault, her policy is an indemnity cover to you (or indemnity conditions), and responds to all costs/payments which SHE becomes legally liable to pay. This is different to if you are claiming under your own policy, which is replacement conditions.

    2) If you are still unsatisfied, contact the FOS (Financial Ombudsman Service). They are the regulator of the insurance company's and have the power to settle this dispute. Their number is 1300 78 08 08

    3) Failing the above, get yourself an Insurance Lawyer.

    Or, you can PM me the details, and let me know which company it is. I have the exact same scenario with one of my clients at the moment....
  11. Keep receipts on your gear. I couldn't claim on a helmet after an incident because I didn't have one nor was I able to get one from the place I bought it from. Lost out a fair bit from that but at least it taught me a lesson.
  12. Good advice KungFu - I recommend keeping the receipts also as I had a claim a while back.
  13. I got side swiped while stopped at a give way