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VIC Test ride crash, cash grab!

Discussion in 'Politics, Laws, Government & Insurance' started by Notahappyrider, Feb 10, 2016.

  1. I took a scooter for a test ride from Yamaha city in Melbourne. Unfortunately I was involved in a collision with a car. The driver admitted fault. Police report also found the drive to blame. I also had writteness who seen the accident happen and also said the other driver was at fault.
    To my surprise Yamaha city in Melbourne refused to return the $1500 insurance excess as the staff member who assisted me assured me.The general manager told me the staff member who happens to be his wife, wrongly informed me and the money would not be returned.

    If I new that at the time, I wouldn't of bothered getting a police report, witness and would of just left the scooter on the side of the road.

  2. That's a first I've heard pre paying excess before a test ride!

    You should not have to pay a cent if the other party is at fault period .

    Did you pay on credit card ? If so try getting a charge back.
  3. #3 Notahappyrider, Feb 10, 2016
    Last edited by a moderator: Feb 20, 2016
    Out of good faith I paid the $1500 on my credit card after the accident and was told it's just procedure and I would get the money back.

    Yes I wasn't thinking straight as I was in shock after the accident.
  4. When did this happen? What did you sign.? Do you have a copy of what you signed?

    They might still return it.
  5. smells fishy to me...
    Ask for a copy of all paperwork for your "solicitor"
    I had to sign that I would pay $2600 excess if I was at FAULT in a prang on Zeddee.
    No pre-payment was required
    You paying -That sounds really off to me.
    JustusJustus may or may not have an idea on the legality of this.
    Good luck
  6. #6 Notahappyrider, Feb 10, 2016
    Last edited by a moderator: Feb 10, 2016
    It happened earlier Jan 16.

    I signed a piece of paper. Not much on it and not much was filled out. It said I would pay I would pay $1500 if the bike was damaged while it was in my care using credit card number, this area was left blank and it wasn't dated. Yes I have a copy of what I signed.

    I got legal advice and have started the process. I'm recovering from injures from the accident and don't need to go though this as well. It's not a very ethical ways to do business.

    Yep, I smell a rat.
  7. I think your $1500 will stay in Yamaha city's Account until the dust settles (Insurance payouts, Yamaha's Excess to the Insurance Co, Court case fees, Admin Fees, Ink for the Printer) If Yamaha is out of pocket $1, then you will get back $1499.
  8. If you signed saying that you would pay if you have a crash not if you have an "at fault" crash I think a lawyer is a waste of time and money.

    You need to get the contract.

    The banks will also take their side if they have that contract.
  9. #9 Notahappyrider, Feb 10, 2016
    Last edited by a moderator: Feb 10, 2016
    ive been told they are not going to refund the money.

    You know what would of be nice. Someone to ask how my recovery is going. I guess says something about there business model.

    I've got what I've signed. It's far from a contract.
  10. This is why you need the contract. It will tell you if you are entitled to a refund after found not at fault.

    So how is the recovery?
  11. Thanks for asking. Slowly. But I'm getting there.
  12. So what does it say about the $1500.

    If it doesnt mention it then dispute it with the bank saying they dont have a contract
  13. Sounds like you need to send a letter of demand for $1500 to the at fault driver. Hopefully the driver is insured and will pass it on to their insurance company and you should be re-imbursed as the not at fault driver.

    And yes Yamaha City are being a dirty pack of ****s if they don't refund an excess for a not at fault claim.

    If I ever do a test ride again I will make sure to check that I will not be up for an excess in the event of a not at fault accident. Most people would assume that to be the case without reading all the gobbledegook.

    • Agree Agree x 1
  14. Wait is that the crash scene in your avatar?
  15. The crash scene in the avatar is the actual accident.

    The picture tells the story.
  16. Creative avatar mate .
  17. Legally I'm with Wheres me BoikeWheres me Boike on this one.
    They won't refund a dime until all the dust has settled and all monies have been distributed. If you are completely not at fault (sometimes insurance companies can apportion % of blame on each party) then they will be reimbursed 100% and you should be entitled to all of your money back.
    If however said dealer decides to keep your funds for admin/printer ink/nescaffe then you should be entitled to register the case within fair claims or whatever its called these days.
    The deceptive behaviour to get you to pay immediately after the accident could also be called into question. Seek clarification from the owner on his wording of "never getting your money back" as it doesn't sound right.

  18. I'm no legal eagle but I think that you have rights beyond the piece of paper (which is undated and incomplete, from what I understand). Perhaps a forum like VCAT would be the best avenue to explore:

    1. Did you know what you were singing?
    2. What was the intention of the parties in entering this contract?
    3. Can the dealer substantiate the sum as an indemnity for damages or loss suffered by them?

    Points 2 and 3 are probably the strongest - if the dealer can't prove that They are out of pocket by $1500 then perhaps them retaining the monies is either unfair enrichment or an unjust fee.
    • Like Like x 1
  19. Is there an opportunity to make a claim to the other dirvers insurance for this cost? It might form the basis of the claim. If the dealer is going to get a No Fault claim successfully processed then they are Not Out of Pocket for the bike at all.

    In my feeble mind this suggests an unethical enrichment, is that a legal thing? I don't know. Does it make it an illegal thing? The matter is more of a civil one than a legal one but the Dealer is looking to benefit twice and that is unreasonable in most civil cases.

    This is something that people can raise with private parking fines and so on. What are the true liquidated damages suffered by the parking company? If it is obviously excessive or a double dip the Judge/Mag is probably going to ping them on it... so long as they are aware of the situation.

    Did you tell the insurance company you already paid some of the cost? They might like to with hold or redistribute payouts. Slim chance but worth a try. Squeaky wheel, don't go quietly into the night, kick up stink for the dealer at every opportunty.

    Get well soon.
  20. I think (I stand corrected) you can put a stop on the payment for up to 30 days or is it 7 ? The sooner the better. Insist on it with the credit authority or threaten the ombudsman. Fkn amazing the dealer is going that way, they have cover for that type of thing & it's cheap & it's statutory (check with the auto traders authority)
    Good your till above the ground :)
    Might be an idea to go with a real bike next time ? Scooters have this habit of falling over given the tiny contact patch with the road.

    Also a case for netrider forum members to actively demonstrate en mass & in solidarity with you. Losing a few dozen sales with a blockade not to mention the publicity might change these assholes mindset pronto. 329 Elizabeth St Melbourne .... just name the day & time !?