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Help needed with civil claim/ update found witness!/ WE WON

Discussion in 'Politics, Laws, Government & Insurance' started by chickibabe, Dec 5, 2006.

  1. well here is the situation,
    last thursday mr chickbabe with involved in a bike accident, here are the details.
    mr chickbabe is going straight through a roundabout, he is about have way through it when a car from the left pulls out onto roundabout, he take evassive action and brakes hard so not to go into her car door, so the bike came out from under him. There is no damage to her car. He did a quick look over bike and thought there was only about $700 damage, but had a quote done and there is about $2000 damage. :evil:
    at the scene she stopped and gave mr chickbabe all her details and said she wanted to go private not through insurance.
    We have reported it to the police. They said she was in wrong for nort giving way to traffic already on roundabout.
    But now she is saying that she only stopped to be a good simaritain.
    what would you do? go through the insurance company and hope they don't drag it and dispute it or do a civil claim against her.
    Cheers Lou

    just wanted to add that he has no insurance on this bike
  2. yeah m8 go through the insurance .. if your excess is not more than the damage quoted go for it... if you go through civil court the cost for this can sky rocket .. good luck in your battle i hope you win the war
  3. Go through your insurance.

    1. File it as a not-at-fault claim, and attach police report. If your insurance comes back and won't honour the not-at-fault, then tell the insurance to fix anyway and pay your excess ... you could get it determined as not-at-fault 12-18mths later and get your excess back.

    2. Speak to the officer you filed the report with and let them know that the other driver is now claiming they weren't involved .. ask the officer to speak with the driver and ask for their occurance of what happened and their involvement ... reminding them that making a false statement to police could get them in a lot of trouble.

    3. If you don't have insurance, send the other driver a letter of demand. Did you get their license details .. if so, this is pretty much an admission of guilt since you wouldn't provide license details if you were just a samaratin.
  4. Hand it to your insurance company, WORST you will pay is excess, if you have a no blame policy probably not even that, did you make formal police report? if not go and make one and give copy to your insurance company.

    We dont use insurance policies enough we pay them so we can claim.

    Civil can cost BIG $$$$$$$ even if you win, then you have to hope the other party can pay.
  5. sorry forgot to add mr chickbabe's bike is not insured, so we will be putting a claim against her insurance which we are a member of on our other 3 vehicles.
  6. Definitely let Insurance Co' do what they do. That's what you pay your premium for every year, make 'em earn it this year for a change!
  7. Seeing as insurance isn't an option... :roll:


    Unless there's a written or recorded statement from her, you'll be wanting a witness.
    If you have a witness, then you can inform her you have one and police can charge her etc, which places her at fault and her insurance company can pay (assuming she is insured).

    No witnesses?
    Well, you have her details... I presume this includes her address?

    I hate to suggest standover tactics, I think a candid talk with her would be good. Explain how you can't afford the repairs etc.

    "Look, we aren't looking for anything outrageous here - here are 2 quotes to repair the bike and this one's the cheapest. We'd really appreciate if you could arrange a cheque for us, or if you could pass this onto their insurance company for them to sort out."

    Failing that... well, I have fairly 'out there' ideas as far as social justice goes. Let's just say 'give her the impression you may take matters into your own hands' if she doesn't make good on the damage she caused ;)
  8. Just as everyone else said, court isn't a good option. The only court option I'd consider is to go through the Small Claims Tribunal (that's what its called in Qld.... not sure about other states). However, based on my 'loss' there, you have to have things in black and white (preferrably a signed police report). If the other party turns up and blatantly lies (which is what happened in my case... and they got a written and signed opinion from one of their regular clients to use as evidence) and its your word against theirs then you will get nowhere. It cost me something like $60 to have my side of the story heard by a magistrate.

    If the police ask you if you want to get them to issue a ticket to the driver for not giving way, take them up on it. Someone with a ute once clipped my dad's car and sheared off a small part of the back corner. The young liar who was speeding in the carpark tried to do a runner then gave my dad someone else's details as well as one incorrect number on the number plate. My dad didn't take full notice of the number plate (bad move). The police asked if they'll issue an infringement notice and he said not to. In the end, it was insurance or repair it himself. He repaired it himself as the cost was a lot less than the excess. The young guy got away with it and only had scratches and small deformation to the corner of his aluminium tray.

    When people lie about things (like the other motorist did in this case) then they will be prepared to lie about other stuff to get out of it. Don't even consider playing nice and screw them worse than they are trying to screw you.
  9. Bottom line, she was in the wrong, make her pay. Chase her & go through her insurance. Thats why we have CTP, & any other insurance we take out.
  10. If Chickbabe doesn't have insurance on that bike, then she or her partner will have to send a letter of demand direct to the car driver. It usually has more impact if it's on a solicitor's letterhead. They don't charge that much.

    The other person's insurer isn't going to talk to Chickbabe. They either ignore any correspondance or they'll simply say to talk to the person direct. They have no reason to do otherwise.
  11. Sorry to say, but unless you hit her, you haven't got much hope.

    Write a letter of demand to her. She will have to forward it to her insurance company.

    They may pay, they may not.

    The problme is they could argue that there are two seperate traffic vialations here.

    1. Her for not give way on roundabout
    2. You, for neg drive.

    Her vialation didn't cause the damage to the bike, yours did.

    Seen it before. Car driving down the road inthe wet. Another car pull out on him. He takes evasive action and hits a telegraph pole. The other car fails to stop and he doesn't get a number plate. Cops show up and give him a ticket for loosing control of the car (neg drive).

    Sorry mate, I think she should pay up, if all was fair in the world, but I think it may not turn out that way.
  12. My 2c

    Thats actually incorrect. If an insurance company receives a claim they have no choice but to process it. They may deny it, but they must look at it.
    I would agree that the letter of demand is a good idea, and would recommend it. If you can't afford a lawyer approach the local "legal clinic" (often attached to a Uni). PM me ands I'll shoot you some names / addresses. Most times they would advise you free, especially if you are low / no income.
    There is a case that the drivers negligence caused the accident, and they are liable. It is irrelevant (largely) under insurance law what the rider did, the cause of the event was the actions of the driver. If you can convince an insurance company that it is not going to "go away" they are surprisingly accomodating!

    Witnesses and or a police report would obviously be good too.
  13. This is exactley why here in NSW we MUST have & paid for CTP to show the RTA even before we can register or registeration renewal.

    So every registered vechile in NSW does have something.
    But as the other driver is @ fault, then it comes from them.
  14. That is not what CTP insurance is for.

    CTP is for injury to a person and every state has it, it's just that it's part of their rego. In NSW it's seperate.

    CTP doesn't cover damge to a vehicle. If you think you are covered, you better do some homework and go out and buy some Third Party Property and Damage insurance.
  15. Re: My 2c

    How do you figure that?

    If you hit me and cause damage to my vehicle and I have no insurance, are you saying that if I write to your insurer then they'll act on it????

    I have a good idea as to what the insurer's reaction will be, and it won't be polite.

    This is from my own personal experience.

    The insurer's duty is to its client, not to the person lodging a claim. In the first instance, it's between the two parties (you and me in this example). It's then up to you as to how you'll proceed from there. You can lodge a claim, or in the case cited above, you would most likely deny any liability. From there it gets nasty.

    The woman who supposedly caused the rider to crash will probably deny that she did anything to cause the crash. When there is no contact between vehicles it becomes extremely difficult to prove fault. You can only hope that there were witnesses.

    On a bike it's too dangerous to "prove beyond doubt". In a car, if the speed's low enough I'd have no problems in helping determine that proof, by not trying to avoid a collision if it means that the result would be a worse impact, with a pole or a parked car or whatever.
  16. Re: My 2c

    Yes usually the way to go is lay a letter of claim / demand on th driver. I'm sorry I was not clear enough. As you said it may need formal letters...etc... that is true. But the important thing is to formally lodge a claim against the OP's insurance and get it moving.

    As I said witnesses help.....:)
  17. You can't make a claim against another person's insurance company, only they can do that.

    You make a claim against the other person (at first instance by sending a letter of demand, at second instance by suing them), who may or may not decide to refer it to their insurer.
  18. Ibast I think charmed put up that post before I realised that I had not put in there was NO INSURANCE ON BIKE.

    Ktulu: well mr chickbabe rang her to get insurance detail and said nicely to her ( in the nicest voice he could come up with) that If she didn't want to go private that is fine, but I need your insurance details, she refused and hung up,
    then with in 5 minutes we had the police ring us stating that she had made a complaint that he was harrassing her. Mr chickbabe explained the situation, and the cop said I see do, you have her number, we gave it to him and he said he will get back to us. Well within 5 minutes he rang back and guess what he had her insurance details.
    So we rang the insurance company she had only informed them friday afternoon but stated that it happened friday morning not thursday morning. They have informed us that we need to send all quotes to them but they would find it hard to prove that she is at fault as it was a roundabout and no damage to her car.
    So get that one.
    Plus even if we do send info on to insurance they will only process once she has paid her excess.
    We have report it to the police. You now have to ring a number and do statement over phone and they will give you an event number, which we have.
    Just what to do? it just stucks. So would you send it to her or insurance company?
    Cheers Lou

    Oh thanks for the advise
  19. Sounds bloody curly Chickbabe. The fact that Mr Chickbabe did not hit the car is the major sticking point here I think. Without contact it will be hard prove it was her fault. I reckon (and I'm no lawyer) that your best bet woudl be to proceed with the police side of things. It sounds like the police already are siding with you on this, so if you can convince them (with a witness or two - were there any indep witnesses??) that she should be charged with something, that might help convince the insurance company that you have a case. Without some sort of corroborating evidence that she acted in the wrong (ie police charges against her) then it's just Mr Chickbabe's word against hers - and she sounds liek a conniving biatch who would sell her own mother...

    Just my 2c, but good luck with it all.

    BTW... Does Mr Chickbabe knnow you refer to him as that?? I don't know if my ego could cope with that, he must be a bit of a dude...
  20. PTF: I got sick of calling him hubby. He is not being blown away with all the tickets yet . He's a cool dude but must be i've put up with him for 13 years . :LOL: Plus when I joined I missed the i in chickibabe. :oops: . I think he should just join and I don't have to do this :LOL:
    I know it is real sticky and she is being a real b##ch about it. That is what makes you even more angry. There was a guy that stopped to help him pick up bike but didn't get is name. :facepalm: .