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VIC Offender Won't Pay

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Jez79, Sep 11, 2008.

  1. Hi All, 4 weeks ago today I was travelling home through the city at night and did a lane change into the outer lane as a car was pulling up in front of me, when a guy who was parked just pulled out in front of me and I went straight into the side of his car. He apologised, checked if i was ok, and gave me his details. At the time he was suggestingting I take bike to his 'panel beater' to be fixed. I POLITELY declined.. The damage bill is around $2000 and now he's avoiding putting a claim in because his excess is around $1400 (young guy) and now he's avoiding my calls.

    I really want this wrapped up, can anyone offer legal advice or other (apart from suggestions of knee-capping haha)

    I'm really concerned that I'm going to end up with the bill..

    Cheers, Jez
  2. If you have his details have you tried to contact his insurance company?
  3. You could contact your own insurance company and see what they have to say. Your insurance company will take on your claim on your behalf and recover your money... Failing that, you can go to a Community Legal Centre and get them to help you draft up a letter of demand to him and you could try your luck through Small Claims court (Of course remembering the risk that you might have to fork out and not get any money back at all.)
  4. Yeah I tried contacting his insurance but they said he has to lodge a claim first because he may want to settle the matter not via insurance in which case they can't force him..

    Not worth contacting my insurance cos I've only got 3rd party, meaning there's no incentive for my co to get him to pay cos they'll never be out of pocket..

    Have drafted a letter of demand, will see how that goes. But keep the ideas coming!
  5. You should notify your insurance anyway - just in case he denies it and tries to blame you. Some companies will give you some advice as well.
  6. I was under the impression that 3rd party insurance is exactly for this situation... if someone does damage to your bike, you claim it, and your insurance chases the person who did it
  7. no Zilly, it's the other way around. If YOU hit someone, your insurance company (via your 3rd Party insurance policy) will pay for their damages. You are on your own. 3rd party insurance insures you for the damage you may cause to a 3rd party
  8. Its still worth notifying your insurance Co.
    For what reason did you reject his offer to fix it? It sounds like he thinks you're shafting him so take it to "his" shop and prove otherwise.
    It would take a bloody good panel shop to fix a bike but them have a look.
  9. Contact your insurance company and advise them what happened.

    They are still obliged to get involved.
  10. Some in-sewer-ants companies actually give you up to $3000 worth of repairs if you can ID the offending driver/vehicle even if you only have 3rd party cover.
  11. Looks like you are going to have to sue the scumbag.

    I too have been in this situation before, they are nice enough to your face at the time of the incident, even apologetic. Getting them to pay up is another thing entirely.

    Speak to a solicitor, with their costs added it might just force this weed to make a claim.
  12. I think in this case, the insurance companies will only cover up to $3000 -$5000 (depending on insurance) on your 3rd party cover if the at fault party has no insurance at all.
  13. [quote="ISCN"

    I would only change 'some' with 'majority'[/quote]

    I'm all ears, which insurance companies offer this service on a basic 3rd party policy? I'd be interested to hear from people who have used this service.
  14. yeah i had to claim against my own 3rd party when an un-insured driver took out my car

    it was with GIO (are they still around :?: ) covered me up to $3000

    you do need all of the offenders details

    all i had to do was get 3 quotes, send 2 letters of demand (with a 2 week gap between letters)

    when there was no contact after 6 weeks GIO paid me (and i didnt have to pay any excess)
  15. My cage has 3rd party F&T with the RACV and they offer $3k uninsured driver cover. I haven't used it though so I couldn't say what the process was like. :)

    I'd figure they either have it or they don't. I couldn't say what the insurance companies point of view would be but I would hope that after having continuous insurance since 1995 that the RACV would consider failure to use insurance (through choice or inability to pay excess) the same as not having it. I'd be very curious to hear ISCN's point of view on this. :)

    If you really value having the use of your vehicle, then full comp is best. Just because the at fault party has "insurance" doesn't mean that they will get anything done quickley. My car was hit by my neighbour who was "insured" with Budget Direct. They were a pack of lazy, brain dead, lying ****s to deal with (as opposed to my neighbour who is just a lot dopey ansd naive). Having the backing of a reputable insurance company can be very helpful and with FC they will fix it first and chase the cash later. 3rd party leaves you to fight the other person's insurance company (with their lawyers) by yourself. :)
  16. I have heard of this with 3rd party fire & theft but doubt you would get any joy with a basic 3rd party policy.
    I have just been paid out on my comp policy with swann on a total loss, no fault, but was disappointed that the max payout for my helmet was capped to $500. I am left to claim the extra $180 for the helmet plus $80 for my tinted visor directly from the other party's insurer. I was hoping swann would see fit to cover this extra amount as they know they will be paid out by the third party's insurer.
  17. NRMA cover me for upto 2 or 3 thousand if I can get their ID details and they accept they are at fault.

    that's compulsory insurance only too.