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I've trashed my bike! Need help dealing with insurer.

Discussion in 'General Motorcycling Discussion' started by dhodgman, Sep 3, 2007.

  1. Hi all,

    I got cut off by a guy who failed to give way to me the other day. Had a nano-second to react, locked up the front and went down. I'm okay but the bike hit the road hard then hit his car. Looks like it is probably totalled.

    The cops said that they *may* charge him with failing to give way but I don't know if they have.

    Bad news is I'm not insured. Good news is that he is, with AAMI. Just wondering if anyone can offer me any advice on how to deal with this and come out of it with the best result.


  2. Look in the leagle and government section. there is a sticky on letters of demand.
  3. if he is at fault and said he was you can contact his insurance and get the process started. hopefully he would of called his insurance to tell them what happened and all that you would need is to get a repair quote for your bike and send it to his insurance. they will then send out a assessor to look at the bike and decide whether its a write off and then give you an amount for the bike.

    thats the way it should happen. i had the same thing back in march and still trying to get money out of the insurance.
  4. Thanks for the advice guys! Much appreciated.
  5. It is HIS insurance Co. and HE needs to make a claim. If he does not make a claim there is nothing you can do that will get any process started.
  6. Which is where you get a suitable legal entity to draft a letter of demand(or use a letter from the stickies) for the damages to your bike. He is not obliged to make an insurance claim, but if he is charged with failure to give way is he is liable for costs of repair to your bike. How he comes up with that money is his get-go.
  7. what you need to do is make a claim but you cant do that unless the guy is charged or the police confirm that the other driver was at fault in writing.

    detail all the expenses and send it AAMI.

    they will send you a letter saying that they will not pay a cent because you were at fault.

    dont let this bother you because they do it to everyone on the off chance the person is dumb enough to fall for it.

    challenge their letter by drawing their attention to what the cops put in writing, tell them that they have 2 options,

    1) you will pay for the bike to be repaired at the service of your choice and have the bill sent to AAMI, or

    2) AAMI can admit liability and have the bike repaired with the service of their choice [which is cheaper for them]

    'Please respond by [insert a day for less than a week after they receive letter]. In the event of non response the motor vehicle will be repaired by my choice of repairer [insert date here for less than a week after the response is due] at the expense of AAMI

    Kind Regards

    so and so
  8. Was your off at the Montrose round-a-bout on Saturday afternoon by any chance?

    Came through there just at the Ambulance arrived...hope you're healing up well!
  9. Nah, it was on Lower Dandenong Rd about 100m east of Nepean Hwy, opposite the Hungry Jacks. I didn't get hurt much, just some bruises and scratches. Another testimony to the value of wearing a full set protective gear.

  10. If he is not charged there will still be a police report . Get a copy and start the claim process with his insurer . If he is not cooperative you still have the court system to fall back to . It will also help if you have witnesses .
  11. +1, good luck.

    (That's why I pay the $110/year for third party....)
  12. Always a good idea to have insurance, then you dont have to wait for them to lodge any claims, you can fix yourself up and then let the insurers battle it out.
  13. And the other party will deny doing anything wrong, and probably claim you could have avoided the accident with better skills etc.
    Don't throw too much money trying to get money out of him, if he is not charged.

    Regards, Andrew.
  14. He is actually liable if he is at fault. charged or not.
    Him being charged just makes life 100% easier as there is "proof" he was at fault.
    Send him a letter cc'ing AAMI, giving them 5 days to respond.