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[VIC] Insurance Claim

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by DarkyP, Dec 12, 2007.

  1. Gday guys,

    Long story short, I had an accident 4 weeks ago. Click here for the full story. The bloke that merged into the side of me decided he's not at fault.

    Now, I rang Legal Aid, and they talked about filing a complaint with the Magistrate's Court, yet on here people talk about letters of demand. What is the safest way of doing things? I don't need results right away, as I have (just!) enough money to get back on another bike, but I can't afford top lawyers or anything...


  2. no insurance i gather?
  3. The Magistrates Court route is only if he ignores the letter. You then have to decide is it worth this option, allowing that it will cost up to $3,000 in lawyers fees etc. If you won, you could claim some of these fees back, (but not all).
  4. Ring the cops that attended, and request a copy of their report. Tell them that the guy is refusing responsibility. Ask the cops if they would reconsider writing him a ticket, and also ask if they'll give you contact details for the witness(es).
    If you get one of the above, then write appropriate claim letter(s) to the other guy and his insurance company.
  5. Id he serious.. Arsehole needs to shown some responsibility.. :evil:
  6. Hey everyone. Thanks for the advice. Just to clear some things up:
    ~ Have third party insurance with IMR. He's insured with Shannons. Handy! :) But because it's only third party, they won't represent me.
    ~ I've applied for the Police Report, won't do anything until I've got that.
    ~ Already have witness' names & numbers.
    ~ Will try and get in touch with the Senior Constable that attended, hopefully she can help me out.

    Again, thanks for the support and advice. Yes, the kid needs to be taught a lesson, here's hoping I can afford to be the one to teach it to him!

    Will keep ya'll up to date, but please, if you've got more advice, post it!


  7. If you need help writing the "letter from hell" PM me. I agree, the kid needs lessons.
    I would send a letter of demand to him and his insurance company, giving 7 days to respond or you will issue proceedings. The template letters are a sticky here.
  8. Darky, contact Shannons Claims on ph: 13 46 46, and let them know your version of events, and give them a detailed diagram & description of the what accident.
    They will most likely get the same from their client, and then they can work out who's in the wrong. And providing your in the right, then Shannons should be able to assess your bike & pay you a settlement.

    Worth a try & it costs you nothing.
  9. I agree, except that I would make it a formal claim per my post above. They cannot ignore / not respond to a demand and going on the OP's post, the other party has indicated he will be resisting a claim.
  10. Thanks guys.

    I will start sketching up the 'letter from hell', then maybe pass it on to you, tramp, for proofreading (and deleting expletives!!!).

    I prob won't get the Police Report til late next week. I should wait until I get that before I start sending letters, right?
  11. Nope I would send the letter now to "put them on notice" of the claim. When / if they send the standard "go away" letter back, the police report is evidence that you use for the second (slightly nastier) letter. Thats when you have to decide how serious you want to get.
    PM me if you want advice, or I'm happy to give some general advice here.
  12. I can't do PMs, as I have less than 20 posts. If you could PM me with an email addy, that'd be great.

    Am sketching up the letters now, but I'll have to check some details when I knock off work.
  13. It seems like no doubt you are in the right, but unless the Mini driver finds some morals and admits liability then sadly you probably won't win this. The law has never really been about justice it really depends on how deep your pockets are and how far you will take it. VLA rarely fund civil matters so it's up to you.

    I note Shannons are targeting the bike insurance market heavily on TV so maybe a letter of support on your behalf from a motorcycling body may be your best option. ie; Shannons put your money where your mouth is and support motorcyclists with valid claims.

    On a bright note at least you have 3rd party so if Shannons come after you for damage to the Mini (based on the drivers story he told to protect his NC8) you can refer them to IMR.