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NSW Need advice: Not at fault accident

Discussion in 'Politics, Laws, Government & Insurance' started by Shori, Apr 17, 2014.

  1. Hi guys,

    I'm hoping to get some guidance from you all re my accident y'day evening 1800hrs.

    I was on Epping Rd with my partner going home after work. A guy in the car in the right lane to me just gave his left indicators and banged into us on my right side. He said he didn't see us. We both are ok. I have sore right knee with some internal bleeding and partner has got some bruises around her waist. The traffic was slow and we got lucky. We were wearing full gears kevlar jeans etc....Police said it was the other person's mistake and we have a few witnesses. I was wondering if you could give some guidance on what approach should I take towards insurance.

    I have been told of 2 options:
    1. Bike will be assessed for damages and repaired if worth it
    2. Bike can be written off and I will get the agreed value that I had with my comprehensive insurance co. Swann.
    I paid $12,500 (this incl. the Twin Brothers exhaust) for the bike and my comprehensive insurance covers it for an agreed value of $13,500.

    Other damage:
    - GIVI V47 top box is damaged (worth $1000 - installed after purchase)
    - tail tidy ($200 installed after purchase)
    - my boots (worth $300)
    - my partner's jacket is a bit damaged (worth $600)
    - both are Kevlar jeans are a bit damaged ($500)

    The issue for me is that, if the bike is deemed repairable it will be hard to resell now. Being involved in an accident.
    If written off, then I will only get $13,500 and I don't think I will find another similar bike for that price with the mods I had on it - Twin Brother exhausts, tail tidy and the top box. Shouldn't the other guys insurance assess the bike for its value now and also take into consideration the other damages listed above?

    I'm going to see the bike now in the towing companies' yard and take some pics. I will post them soon.

    Not sure what to do. Any help will be really appreciated.


  2. report with your insurance company, including all things damaged
    they will usually give you a repairer to take it to, or you choose.
    they will also usually charge you the excess (temporarily) to start up the process (i know, its crap)
    they will do most of the leg work for you

    as far as the injury side is concerned, make sure you have been checked out, as this will create a record
    other than that, i have nfi how to get you guys fixed.
    • Agree Agree x 2
  3. Document everything, photograph everything. Photograph the bruising.

    Make sure you have the witness details and their statements as soon as possible - ie while the incident is still fresh. The cops are involved and it seems it's the other guys fault as they've indicated. That's good.

    Does the other guy have insurance? If so they should cover all damage. As necros says your insurance should start the process and start chasing. Make sure you document everything you want to claim for as you have above.

    If the bike isn't written off it wont appear on the WO register. If it's repaired and back to showroom condition, who's going to know anyway?

    You paid 12.5 with the exhaust, it's insured for 13.5, the topbox was 1K............... so you'd be out $300 on the tail tidy - but you'd get top dollar back on your clothing which i bet you can still use ('is a bit damaged' you said).

    Either way, best of luck and most importantly you're both okay.
  4. If you are not at fault then report it to your insurance, just in case you can't get payment from guilty party, but do not claim at this time. Then get a quote for repairs, ( a couple if possible) and any medical and other bills. Request the cost from the other party and they should pay up or give it to their insurance. Your insurance will not write it off unless you claim from them, the other party should be responsible for all damage done. If you can't get things sorted you can then you can still make a claim through your insurance and let them sort it but then they may write it off in a deal with the other insurance.
  5. Just don't let his insurer block you. The driver is still liable for all your losses whether he's got cover for it or not. Include everything but be sensible or it'll end up in court.
    Get a copt of the police report ASAP.
    • Like Like x 1
    • Agree Agree x 1
  6. This is why agreed value can be a trap. If don't use your insurer I guess it won't matter. He has to make you whole.
  7. #7 Shori, Apr 19, 2014
    Last edited: Apr 19, 2014
    Thanks for all you advice guys. I spoke to my insurer and they said they will act on my behalf and what ever damage there is should be covered by the other party.

    I feel sorry for the car driver. He said that he does not have the comprehensive insurance, as the car was not worth it. I didm't ask him, but I have a feeling he does not have insurance to cover third part damages either. It will turn out to be very expensive for him. Our 2 helmets alone are worth $1500 and then damage to the bike and jacket, gloves, top box, gloves...

    I will try to be as reasonable as I can. I just want the things that got damaged to be paid for. The jeans are actually fine, just a bit of scuffing. So I don't mind that. My jacket was fine, but my partner's jacket is a bit damaged.

    I have been advised by the police that if I have insurance (which I do), I should not contact the other party and leave it all to my insurers. I checked out the bike and it seems (I'm no expert) to me that most of the damage is cosmetic, but the right side Twin Brother exhaust is damaged. To my surprise the bike started and sounded fine. All lights were still working too...There is a leak though, some kind of green stuff...must be the coolant.

    I don't know how the guy will manage. He was a chef and was returning home after finishing his shift. He seemed pretty shaken up w/t the whole episode...

    I have increased the agreed value amount w/t my insurer also by another $1300. I will keep you all posted.

    As always thanks again,

  8. How the other guy "will manage" financially is not your business or concern. He can negotiate a payment arrangement if needed.

    Amending your policy after the incident has no bearing on the existing claim.

    Keep the thread updated (y)

    • Agree Agree x 2
    • Like Like x 1
  9. I know, I just did it to be future proof. My understanding is that if the bike is repairable the other party has to pay for the damages to get it back in the condition it was...
  10. I don't know too much about this,

    But I know that when someone hit me, and we went through the process and the tow truck came to pick it up, he (the tow truck driver) asked if I wanted it written off, or repaired.

    Maybe make a call to where it's being held/repaired/assessed and just ask them if they could just write it off?
  11. *nods*

    s 90 - Assessments as to whether a vehicle is a total loss

    (1) An assessor must ensure that any vehicle damage assessment made by or on behalf of the assessor is made by a person who: (a) has the training, qualification or experience prescribed by the statutory rules for the purposes of this section, or (b) acts on the advice of a person who has such training, qualifications or experience.

    Maximum penalty: 20 penalty units ($2, 887)

    (2) The Authority may, by notice in writing, exempt a person from subsection (1), before the relevant assessment is carried out. Such an exemption has effect only for the time specified in the exemption and if any conditions to which it is subject are complied with.

    s 95 - False Assessments

    A person must not induce, attempt to influence, or coerce the making of a false vehicle damage assessment or a vehicle damage assessment that does not comply with this Part.

    Maximum penalty:
    (a) in the case of a corporation, 250 penalty units for a first offence ($36, 090) or 500 penalty units for a second or subsequent offence ($72, 180), or

    (b) in any other case, 50 penalty units for a first offence ($7, 219) or 100 penalty units for a second or subsequent offence ($14, 436).

    Link: Road Transport Act 2013

  12. Hi everyone,

    Just thought I will give you an update. My insurance Co. contacted the other party and he is cooperating with them. I have been asked to take pics of my gear and send it to my insurance Co.

    My partner's and my helmet hit the surface and I told my case officer that both the helmets have dark graphics on them. Meaning its hard to see the scratches. One has to run the fingers on the surface of the helmet at the back to feel the damage. I'm trying to explain to them that the exterior damage to look at is not major, but the fact that the helmets smacked the surface means we shouldn't be using them no more.

    Anyways, from what I gathered I think he meant some scratches in the pics will be good. So in other word I guess put some on.

    I got my MRI done for the right knee. I have had an ACL reconstruction done on the same knee a few yrs ago. The GP said, its best to check it out for any internal damages. The knee is the only body part (luckily) where I sustained injuries. Basically, the bike fell on the right knee. It got sandwiched between the bike and the road.

    Will go see the GP tmrw to get a run down of the MRI scans and the rpt.

  13. Ok...just saw the doc. Things don't look good inside the knee. Basically, its hanging by a thread. I need to get another ACL surgery done.

    Bike is a write-off, just been informed of that also. It's all getting from bad to worse. Something in the frame on the front has snapped. Not worth or not safe repairing as per the accessor. The guilty party has no comprehensive or third party property damage insurance.

    I have been told I will be get the agreed amount which is $14,700. Thank god I increased the agreed value amount from $13,500 to $14,700. I don't know why, but they agreed to increase the agreed value amount (charged me $80) after the accident and said that's what I will get. I think, I just did it in time before the bike got assessed.

    I asked the insurance Co. if I can remove the top box and the after market exhaust (I think the exhaust and top box are still operational) and they said NO. if you do that you need to replace the parts with the originals. I said, the bike does not come with the damn top box, where do I get the original from. They said they will get back to me. I can understand about the exhaust, but the top box...that's a bit silly.

    If I get $14,700 from the insurance, thats ok. The bike was for $13,500 w/t the exhaust and $1,000 on top for the top box.

    I have taken pics of the gear. You can find them here -- http://postimg.org/gallery/7ll9af3q/
    Don't know if the damage is enough for me to seek compensation. Hard to see the damage on some pics...

    Bike hunting all over again. I was so happy with my damn bike,,,not sure if I will find anything for the price I paid. I guess, got to get my knee fixed first.

  14. Bummer.

    Mate I would be far more upset about my knee. As someone who has has a shoulder reco I would hate to have to go through that again.

    That driver is a goose. Not having third party insurance is crazy. Now he is out 15k instead of $250 a year + excess.

    At least long term everything will work out. You'll be another bike. And it could have been a lot worse.
  15. Totally...thankful to my stars. It definitely could have been worse. My partner smacked her head on the road. When I properly assessed the damage to the back of her helmet today, I was quite surprised to see it was worse then I thought. We both got up and walked out of the accident...well I was limping.

    So yes, not too bad. Will just have to endure another ACL surgery...
  16. Yeah market value will take your accessories into account. You are meant to have accounted for them with agreed value.

    Fairly confident in saying that will be the case for every single insurer, without having to read the pds.
  17. I'm with Swann. If the agreed value is $14,700, my understanding is that that's what they need to pay me.

    I will find out more on Mon.
  18. Really? What are they like for claims?

    And what are the extras that are normally included?
  19. For starters you've not taken into account the unused premium you won't get back.

    No worries.

    Swann ranks up there with worst PDS's I've come across. With it only being 20 pages, there is way too much information not disclosed, sub-standard definitions including cover for new bikes, so if I was a rider, I'd never insure with them regardless of price. All the options they charge an extra premium for is standard inclusion elsewhere. The one positive (if you can call it that) is low excesses, but without knowing the premium, that's iffy as well.

    Page 16:

    "If your Motorcycle is a Total loss and we decide to replace it, or we pay you the Agreed value or Market value, whichever is shown on your Policy schedule, the Motorcycle including any accessory and modification becomes our property. If your Motorcycle has non-standard number plates we will allow you to retain them."

    No idea mate. You need to be insured with them and make a claim. Was only talking about their cover and what they disclose to you.

    Helmet and gear cover.

    And new bikes you only get a replacement in first 12 months of registration instead of 2 years. So if you have a brand new bike it makes no sense insuring with Swann after the first 12 months because you won't get a new bike off them. They'd pay you out the market or agreed value which won't be enough to buy a current model plus 12 months reg which you'd get insuring elsewhere.

  20. Ok here is the update.

    I called up the guilty party's insurance and they told me that his green slip expired a day before the incident. I have been advised to lodge a claim with the Motor vehicle Accident Authority now and they will nominate an insurance to Co. to deal with the claim. I wonder how lone this path will take now....

    Swann mailed me today asking for a 'replacement quote' for my hemet and the gear along with my bank details.
    The helmet and the gear is covered for $2,000. I guess I have to go to a website online and make a cart of the items I want to claim and send them the total quote.

    Thats all for now.