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Helmet not covered by insurance?

Discussion in 'Businesses and Service Providers' at netrider.net.au started by ep121, Dec 13, 2007.

  1. Hi Guys,

    I recently got hit by a car that was merging into my lane, driver was great stopped to help me, admitted fault then gave me a lift home, he was genuinly very concerned and upset that he'd done that.

    Anywho, I'm fully covered, so told my ins. (Swann) who are sorting the whole thing out for me but they told me that even though it wasn't my fault and they other guys admitted fault to them, I can't claim my Helmet because it wasn't covered (it's an extra and I swear I can't remember seeing it as an option). Helmet not in bad shape but it did smack the ground fairly hard and the rule is one hit then chuck right? So now I gotta pay for another Helmet!

    Any suggestions?
  2. read the T&C's carefully before singing up for insurance. There are a number of Insurance Companies that do not cover your riding gear at all.

    Your only option is to privately and separately pursue compensation from the driver This may cost you more than the cost of a new helmet however.
  3. Howdy,

    Sucks about your accident. Hope your doing ok.

    Regarding the helmet, it is an optional cover for extras on bike insurance with Swann. However, the driver of the cars insurance will cover your helmet. So if you get in contact with the driver and find out who he is insured with then they will help you out.

    Also they should pay you the full replacement cost of the helmet because of the laws regarding helmets (ie, one drop and you gotta get a new one). Things like clothing sometimes get depreciated, but not hlemets.

    So best thing would be to call his insurer.

    Any troubles then put up another post and i will help as much as i can.
  4. About a year ago I had was hit by a car and had damaged riding gear (pants and helmet) I was uninsured at the time and dealt directly with the car drivers insurer. They covered the cost of repairs to my bike and compensated me for the damaged riding gear.

    I believe that you are entitled to some form of compensation for the damage to your helmet. It sounds like your insurer is just not interested in pursuing this for you as they dont see it as their problem as it wasn't covered in your policy with them (this is poor customer service)

    As mentioned previously, speak to the drivers insurer
  5. There is no law that states you must replace your helmet after a fall.

    Common sense tells you that.

    SWANN are being stupid and I would be screaming at them until their ear drums burst.

    You employ them by paying them a premium.

    Sure your helmet isn't covered so they feel that they do not need to chase the other party for compensation.
    Remind the tards that you contribute to their yearly profits and that you want them to ask for compensation for the helmet from the other party.
    This is why you pay the idiots a premium.

    At the end of the day, you get what you pay for.
    Insurance Co.'s like that deserve to be reamed by MG's huge wang :p
  6. Man I find it annoying that you address everybody as a nOOb... :LOL: but hey if thats just the way you talk...

    Ok what I think slowrider meant to say was that there is a common law remedy available here. Under tort law, drivers owe other drivers a 'duty of care' (that is, they must take care not to hit anybody else on †he road).

    ep121 is able to claim damages if he can prove that the other party breached the 'standard of care' owed to him, then he may be guilty of negligence, and if guilty of negligence, he is liable to make up for any or all loss caused by the breach.

    Basically it is up to the other driver (or his insurance company) to compensate for any loss caused by the other driver's negligent driving. This can also include the situation where you have lost a couple of shifts at work because of an injury or inability to get to work by an alternate means of transport.

    Because I'm lazy I have omitted case references.

    I think people pay a premium because if they crash into somebody else and its their fault, then they can claim new gear.


    Do not rely on any information I have posted here. If you do wish to take legal action, please see a lawyer who specialises in personal injury cases.
  7. ah yeah lol Iti is true though, when helmets hit the ground in an accident, they are no longer effective as helmets (is it legal to wear a helmet that has been dropped?).