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.

Looking to form a posse!!

Discussion in 'General Motorcycling Discussion' started by journeyman, Mar 19, 2005.

  1. Five weeks ago I stopped at an intersection because an ambulance with siren blaring was entering, and was whacked up the arse by a smidsy (Sorry Mate I Didn't See You). Wrote off my bike and did no bloody good to me either. Fortunately the ambos saw the whole thing before stopping and taking me to the Austin - it's only now that the pain is beginning to ease off - after hundreds of dollars of chiropractic stuff that I have to pay (although TAC covers ambulance and hospital, it has a $560 excess on medical and related bills - bastards!!)

    At the time it happened, lying on the road with the ambos doing their stuff, I actually felt some sympathy for the woman who ran into me - she looked so distraught and dismayed by it all. When the cops came to see me in hospital (yes, they really did!) I even suggested that it wasn't intentional so go easy on her! But that was before she received my letter looking for the costs to replace my bike, towing and new helmet. Now, she's gone to ground - no reply to my letter - no answer on phone, and obviously I'm going to have to pursue legal action. biatch!! For all she knows, I could be in a wheelchair - or worse!!



    So how about a Netrider posse to Kilsyth to gently remind her that decent people don't do this! I reckon a knock on her front door with a bunch of bikes revving outside her house may just help her rethink her behaviour.

    But more seriously - anyone got any suggestions how to deal with this (I only had 3rd Party Property on my bike) without the hassle of having to take her to court?

    R/
     
  2. i'll be there - i need to practise my burnouts - cant quite seem to make the perfect figure eight .........



    DACS \:D/ \:D/ \:D/
     
  3. great thought to give her a gentle reminder, but realistically, you have to get some legal representation and send her a letter of demand. Unfortunately, if the Police have charged her, then thats the extent of the criminal/traffic offence option. All other costs will probably lie within your civil right (suing her) but you of course have to engage your own legal representation and meet those costs. Life's a biatch and then you die !
     
  4. Shouldn't your insurance deal with this?

    You were insured, right?
     
  5. Sorry to hear about the accident Journeyman!

    I had nearly exactly the same thing happen to me in late January...a young guy who "didn't notice the traffic slowing down" slammed into the back of me in East Ivanhoe.

    He wrote off my GPZ900R, and I ended up in the Austin too - fractured shoulder blade, and some neck and back trouble.

    The TAC excess is a biatch, ain't it!

    Sad thing is, if you were admitted to the hospital, there is no TAC excess - they then pay for everything. I was in hospital overnight, but because I only went into the short stay observation unit, I wasn't technically admitted :roll: a bit of a con if you ask me.....as a result any expenses incurred by me (physio etc) have to be paid out of my pocket up to the TAC excess amount :x

    Anyway, I was lucky - the guy tried to deny responsibility and I only had 3rd party on my bike, but there were plenty of witnesses, and the cops charged him on site (they visited me in hospital too! ) so the liability question was fairly straightforward.

    Eventually he payed the excess on his insurance and my bike, helmet etc was covered by a cheque from the RACV (his insurer).

    As much as it sounds tempting, I don't think a posse of riders would help the situation.

    I think your only course of action is to find out who her insurer is, and keep pursuing her via (nice) letters of demand - and then if you have no joy seek legal advice.

    I wish you good luck, and hopefully she comes out and does the right thing by you.

    ;)

    Cheers,

    Luke.
     
  6. If you have insurance then just put the whole thing in the hands of your insurer.

    If you don't have insurance and she does then it will be more awkward and you should go to a solicitor and get things started, but it'll probably work out ok in the end.

    If you don't have insurance and she doesn't have insurance then this is going to be a very slow process and you may not get all or even much of your money back! And even if you do it could take a _long_ time before you see the money. The problem is that even if you 'win' a claim against her you still don't have the money. You need to obtain it from her. That can be a slow and expensive process.

    If neither of you has insurance then you _need_ to speak to a solicitor with experience in these sorts of issues.
     
  7. If you don't have insurance, make an appointment with legal aid and get their advice. AFAIK, they'll give you a 30 minute appointment free of charge with a solicitor - they may also prepare the lletter of demand for you. That will get the ball rolling.

    To find your nearest CLC: http://www.naclc.org.au/centres.html#VIC
     
  8. Haha! I'll be in on that for sure, PM me when you wanna do it
     
  9. I'm currently using Carrington and Carrington accident management. Just go online and fill in a claim form and they will take it from there.

    They handle the letter of demand, quotes, insurance companies, solicitors etc etc.

    carringtoncarrington.com.au
     
  10. have you contacted your insurance company? A lot of insurance companies cover you up to about $5000 if the accident is not your fault (even if you only have 3rd party). Check your premium or call the company.

    Apart from that contact a solicitor. They wont charge you anything to go after her (they'll do it on a you win you pay basis, but make sure you're not going to get robbed when you win). Im sure the police and ambo's will back you in court.
     
  11. Yeah - thanks for the replies - wasn't really serious about the posse although would love to rub her nose in the shit she's dumped. As I mentioned the bike was only covered by 3rd party property (seemed difficult to justify $400/year insurance on a $2500 bike and if I blow the money - well that was a calculated risk I guess). What really pisses me off though is some peoples refusal to take responsibility for their actions. And it's more than the dollars - it's also the reality that I've had to have time off work and still wake up early most mornings with hurting bits. Sure - is all slowly mending - but stuffit - if you do this to someone - intentionally or otherwise - then take the responsibility!

    /Off soapbox!/

    My 3rdPP is with AAMI who cover for up to $3K for another at-fault uninsured other party. Problem is that in the absence of any reply, I'm not yet able to prove whether she's insured or not - although her silence would indicate that she's not. Meantime, am continuing with my insurers in the hope that they'll get sick of my calls and do something to help. Solicitors are a last resort at present.

    Richard
     
  12. yes i am slow but does that mean if the tac excess is 2k you have to pay up to 2k of the expenses then tac covers the rest?
     
  13. TAC excess is $560, if you don't have an overnight hospital stay. (if you do, then no excess applies)
     
  14. Sorry, but that's incorrect. The TAC excess only applies to medical services. Treatment for hospital services (inpatient, emergency, casualty, outpatient) attracts no excess and is fully payable by TAC.

    It is the medical services excess that is removed/waived by an overnight stay in a hospital (which constitues 'admission').

    Your Monash hospital 5 hour visit is fully payable by TAC.

    Now if you mean that medical services you receive after leaving the hospital are applicable to the excess, then yes that is the case. BUT, most/all of this excess is covered by Medicare and thus very little, if any, should come out of your own pocket.
     
  15. http://www.carringtoncarrington.com.au/
     
  16. Have you tried to visit the womens house that hit you?

    If not, I would at least give that a try before you start spending heaps of money trying to recover 2 or 3 thousand. Legal bills will start to add up on this.

    Good luck with your pursuit of the $itch...

    Would also be happy to be part of the convoy...
     
  17. Journeyman, good to see you were trying to do the right thing giving way to the ambulance...too bad the lady behind you wasn't looking where she was going. B$#*h. :x Hope you recover quickly!

    Well if she won't pay, and you don't want to go to court, then you have to pretend / threaten to take her to court and hope she comes up with the goods. :?

    I'm not sure if you've written a letter of demand to her yet, if not:
    Even though you have only 3rd Party with AAMI, give them a call, explain you've been in an accident and ask for a copy / example of a letter of demand - they should be able to send or fax one out to you.

    Then just right up a letter of demand, get some quotes (last time I did this I kept the originals and got the copies certified at the cop shop so they had police stamps on them to look more formal) and send it out to her. Should be sent with registered post too. Good luck. :)
     
  18. Yeah Jase - done the letter of demand based on AAMI's form letter and attached quotes etc - that was 4 weeks ago. Required a response within 14 days then figured I'd allow her a little grace - but is obvious now that she's gonna play funny buggers. Intend to harangue AAMI again on Monday, and if they toss me off, then will follow up with one of the legal beagles suggested here as good for motor accident stuff.

    As for this cager being a "lady"? - not the description that I'd use!! :evil:

    Richard
     
  19. I think a solicitor is exactly what you need.. why waste your time being nice to people?

    and get her charged for dangerous driving or something too :p