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.

SA Release form for private settlement?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by solidsk8, Sep 28, 2016.

  1. Quick question, sorry if it has been asked before but couldn't find anything...

    I was SMIDSYed: other driver at fault. AFAIK the police report states this.

    The damages to bike/property amount to less than her excess on her Third Party Property insurance so she wants to pay me directly. This is fine with me, but she wants me to sign a release form, which states that I would release her from actions for any "damage, loss or injury to person and property".

    I am wondering if this form is really necessary. I am lodging a CTP claim because I was taken to hospital in an ambulance and was admitted, so I expect a bill, or I expect they will seek payment from her CTP insurer, so I'm also wondering if I signed the form if this would affect the CTP claim.

    Is there some other legal form I need to settle this privately or should I just contact my insurer and get them to handle it?

    Any advice greatly appreciated.

  2. I haven't been in that sitution, but I personally wouldn't sign a release or waiver form until everything has been settled.

    Definitely have a chat with your insurance company to try and get clarification, or at least be pointed in the right direction.
  3. Id go through your insurer, if its not your fault let your insurance take care of it.

    You Don't need to do her any favours after being SMIDSYed so don't let her off just tell her its in the hands of your insurance.

    If she don't like it to bad
    • Agree Agree x 2
  4. There is a resource on NR somewhere regarding some proforma 3rd party damage forms. Worth attempting it yourself if you don't want to damage your insurance NCB.
  5. CTP will only cover damage to YOU not your bike.

    Don't sign that release form. If you do she WILL NOT pay you for the damage to your bike.
  6. She is also claiming in the waiver release from actions regarding Injury. I don't believe you have the power to sign such a waiver as it would be a decision of your CTP provider.
    • Like Like x 1
  7. Thank you all for your input and advice.

    I decided to contact her and ask if she will settle without the release form, or, if she is not comfortable with that, if she can just make a claim with her insurer so I can recover the money from them. If she says no I will make a claim through my own insurer and they will take care of it so it should be all good in the end. :)


  8. Wifey had a cage run in recently and the at fault party wanted to settle out of insurance. He was insistent to the point of being annoying. We had dashcam evidence (not required) and an admission of fault so referred him to our insurer. Never heard from him again and claim settled with no cost to us other than inconvenience.
    It is not your responsibility to make it easy for the at fault party.
    • Agree Agree x 2
  9. Do NOT sign this. There is no value/benefit to you for signing this, only the other parties limitation of any additional charges.
    Use one of Letters of Demand - Templates
    If the other party doesn't respond, or refuses, then just go to your insurance. With the police report and the request for you to sign a release form, it should be a no-fault claim for you and thus no excess.
    • Agree Agree x 1