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QLD Insurance and roadworthy question

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Kyba274, May 24, 2011.

  1. Hi there



    My friend just got cut off by a P plater and his bike is a write-off. Ambulance and cops and everything was there and P plater admitted fault on the site. He has insurance and everything should go smooth.
    What happens if the bike is classed as un-roadworthy because of reasons such as having less than the minimal tread requirement on the back tire, and an aftermarket exhaust? Can it be classed as un-roadworthy for those reasons? Would the insurance company then refuse to pay up? That would be pretty unfair...

    Cheers
     
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  2. Good chance that if tyres are unroadworthy they wont pay.
     
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  3. It will all come down to proximate cause and contributory factors to the accident.

    How far past unroadworthy was the tyre? Did the unroadworthyness of the tyre contribute to the accident? etc. etc.

    EDIT: It will also pay for your friend to check his/her PDS and read through the exclusions section very carefully.
     
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  4. Tires didnt affect the accident at all as the P plater was doing an illegal U-turn/drift and the biker didnt even have time to brake before he ran into the guys bonnet.
     
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  5. IF the tyre didn't have ANY effect on the result, the Insurance Co should pay.
    It is a fallacy that they won't pay in the situation described.
    In fact Section 54 of the Insurance Contracts Act covers this issue.
    http://www.austlii.edu.au/au/legis/cth/consol_act/ica1984220/s54.html

    They will however (quite possibly) try to bluff and bluster.
    If they do, don't argue and certainly DONT settle.
    There are arbitration avenues you can use, or court.

    99% of insurance matters get settled.
     
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