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.

OK - now I need some GOOD Insurance Claim advice

Discussion in 'General Motorcycling Discussion' started by doonx, Apr 19, 2005.

  1. I have just rung Vero Insurance who is the Insurer of the guy I had the tangle with last night. I told them that I wanted to make a claim against his policy, they looked him up and said that he has not yet made a claim and until he does, there is nothing that they can do.

    I said that he may not make a claim against his policy at all, he said that himself.

    I'm guessing that I will now have to go through the RACV (my insurer) to get the ball rolling. This will mean that I will be up for the $400 excess.

    He turned in front of oncoming traffic (me), I hit the brakes, lost it and slid into the front of him. His car has minimum scratches on lower bumper bar that he said were already there anyway, and a crack in the plastic. I told the Police exactly what happened, they paid him a visit last night (as he'd left the scene before they arrived), they related the story as I told it and he agreed with it 100%.

    But I don't think that he has actually admitted liability. The Police Officer told me that technically he was in the wrong, but that they were not going to pursue it.

    Any suggestions ?

  2. 1. Was the person across the intersection when you hit him?

    2. Did his car cover a good portion of the lane you were in?

    if the answer to 1 and 2 are correct, you have a case.

    If you get your insurance company to do the chasing, you will not be out of pocket at all.
  3. Ask your insurance company whether they will waive the excess as you have the details of the other driver and he was at fault whether he has admitted liability and made a claim or not.

    See if you can get a copy of the police report that states you called them and that they visited the other driver as a result of a call from the complainant (you).

    If you can do both of these it should mean that whether this bloke makes a claim or not, your insurance company will chase his insurance company for the money.

    Of course this is theory...
  4. If he is insured he is not able to admit liability under the terms of his policy. Thats his insurers decision but given the facts its unlikely they will argue about it.

    I'm not surprised the police aren't doing anything. they would consider it a "civil matter". I guess this is probably due to the amount of money involved and the extent of your injuries. Hope you are OK.

    Best option is to put it through your own insurer. I don't know the terms of your policy but if they recover the full amount do you still have to pay the excess?


  5. 1) yes, I was on the inside lane of a 2 lane each way street. He turned across oncoming (but stopped) traffic and we didn't see each other until it was too late.

    2) I was in my lane, he turned, saw me and stopped suddenly, I brke, dropped the bike and it slid into his car. He had to be in my lane.

    What about my excess ?
  6. I'm with the RACV by the way
  7. As you have the other parties details and he has failed to give way to you then your insurance company should chase his and get all the money out of them. You should not have to pay any excess as it is a not at fault claim. Make sure you get any of your gear that was damaged replaced by his company as well.
  8. If you aren't at fault my understanding is that you don't pay the excess...but ring your insurance company and enquire about what is going to happen if you go through them.

    If you don't like that deal then trying ringing someone like the below mob that will go into bat for you

  9. Did you get his details? He might be waiting for you to get in contact with him so he can pay for the damage out of his own pocket to avoid losing his rating. If you call in your insurance company he'll be up for the excess fees involved from there on in. My recommendation is that you call him pronto and find out how he'd like to progress. Most people are unfamiliar with the kind of repair costs a motorcycle has, so he might think paying for the damage himself might be cheaper than his excess and losing his no claim bonus.

    He'll probably ask you to get a few quotes for the repair and let him know. Once he can judge to costs he'll probably decide whether to foot the bill or get the insurance company involved.

    However, if he tries to shirk responsibility or you think he's going to stuff you around, just call your insurance company and if you've got his details you won't even pay an excess normally. They'll arrange the repair and then take him to court to recover the expenses.
  10. From reading your other posts, it sounds like you parted on pretty good terms with the bloke. I agree with Toodles, your best bet is to ring him up and explain that it would be in everybodies best interests if he coughed up some dough. If he agrees, then tell him you'll go get a couple of quotes and ring him back. That's exactly what happened when the w*@ker Saab driver drove staight up my arse.

    If he disagrees or refuses to co-operate anymore, then yeah, call your insurance. Tell them the sitch and ask what they'll do about it. There's no harm in asking. Prolly they will chase his insurance for the cash.

    If things are still pear shaped, then I'm sure we can get a posse of angry looking bikers at his door in a matter of hours. I'd offer to scare him myself, but I'm in Sydney you see.. :D
  11. Doonks,

    Had rear ender in my car, reported it to my insurer, they suggested I do as the other party requested and give him quotes for repair. They also said if he didn't fix the car and was deemed to be in the wrong they would cover all costs, "eventually" in other words I had to pay my excess and they would attempt to recover from the other party. It all turned out well, after giving the guy qoutes for repair he elected to go through his insurance company....

    BTW. rear bumper on a Magna, we both figured around $500 to $600, quote was nearly $1800.

    Hope you and ya black baby "Z" get back on the road real soon....
  12. Yes. Get a quote (you don't have to get multiple quotes, these days). Send it to him. If he doesn't respond in a timely manner lodge a claim with your insurer. They'll then sort it out for you.

    As for the police not charging him with failing to give way, given that you'd already came off the bike BEFORE you hit him, there may be a case to suggest that he may not be at fault. He might argue that you caused yourself to crash off the bike due to excessive braking, incompetance or whatever.

    Good luck with it.
  13. I agree with Toodles.

    If it ends up going thru the insurance, I hope you don't get the run around that I got when dealing with Vero Marine. (I assume they are part of Vero)
  14. Doonks, do you have his verbal admittance he was in the wrong? And do you have his verbal admittance he was going to self insure?

    OK... If yes to both, then keep it friendly and get a GOOD dependable quote for the bike repair [even two quotes] and show it to him. (Pete the freak suggests doing the quote afterwards... either way is fine) Keep it civil at this stage. Find out how long he needs to get the money. Once he sees the cost, he might go the insurance path.

    If he's still on the self insurance path at this point, get him to agree to either a one off payment and you'll never bother him again, or agree to a payment plan. Keep it friendly.

    If he doesn't cough up, then let him know you're dissapointed and that HIS actions are now dictating your actions. Your preferred action will be to sue him via a traffic matter expert lawyer [like Grace Placenko (?? spelling) the MRAA reco'd lawyer] who'll sue for repairs and all costs [time off work, legal fees, etc etc]- afterall, you don't want to impact your rating either, so you're not going to go through RACV. This might make him run to his insurance, after which you can deal with them direct.

    Unless of course, you do want to go through RACV for a speedy repair. SO tell him, you'll instruct RACV to recover the cost of repairs and your excess and other related costs by suing him directly. This might make him go to his insurance - in that case, you can deal with his insurance directly.

    Bottom line, is keep it friendly and try to get him to cough up. Deal with it one on one, easiest all round.

    I'm on your side, BUT if insurances or lawyers get involved, they'll all argue the toss, and you could be found to be partially at fault. A hard arse lawyer might even argue total negligence. Lane splitting stopped traffic on the left hand side at 40km/h, and not showing due caution riding into a gap in the traffic adjacent an intersection - all could point toward contributory fault. Ouch hey.

    Like I said, I'm on your side Doonks, but a lawyer or insurance on his side could play the dangerous motorcycling card... then it'll become a argument about who was in the wrong... that means there'll be a winner and a loser... usually the winner is the one who can argue the best...

    By the way, I'm not a legal expert, so take this advice as it's meant, just one guys opinion.

    Cheers Doonks. Good luck with it!!

  15. I had a very similar thing happen to me...

    A guy in a car turned into me, making me do what used to be called in oldskool BMX terms, a 'pancake' on my GSX-R 600.

    I was lucky enough to trade details with him, and also filed a police report (as I was injured). They questioned him and two witnesses and ended up laying 3 charges (reckless driving etc).

    He did not admit liability.

    The legal advice I was given (regardless of if you have, or want to use your insurer) is that I had to send him a 'letter of demand'.

    This letter should outline exactly what/why/where etc, and to do this you’ll need to know what you are demanding. What I mean is, get a quote first. Then write him the letter.

    This gives him the option of paying you (or disputing you) and using his insurer if he sees fit. As the comments above suggest, he may just settle. Or he may get a real shock at what it costs to repair a bike, and refer to his insurer.

    In any case, the letter of demand gets the ball rolling. Make sure you include in it the date (a reasonable date) that you need him to settle by. If he doesn’t, then claim against your insurance (and possibly pay your excess which you will get back if he’s at fault in the end).

    Obviously each insurer is different, and so is each state, but that’s how it worked for me.

    It took just over three months before my guy admitted, and lodged with his insurer (AAMI) who were obviously unable to help me until he lodged.

    Good luck!!
  16. I would imagine that his legal costs would be in excess of what his insurance excess will be.

    As others have said, get a quote, send it to him, preferably registered post. If he doesn't act upon it in a timely manner, refer it to the insurance company. After all, that's what we pay them to do...