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[VIC] Ughboots needs advice...

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Gilligan, Sep 3, 2007.

  1. MOD: Only because it is an important question did I bother not to lock it, and I put the STATE you are in for you. READ the STICKIES in future!

    OK people, advice required.

    Month and a half back a driver did a u-turn across the front of me. I braked and steered but clipped his car and went down as he left me nowhere to go. No question he was at fault. There were no witnesses (details were posted earlier). Finally hear from his insurance company today after I sent him another letter of demand last week and he has given them a completely fabricated story, the gist being that he was sitting at the side of the road indicating, saw me and waited, I got “a fright†as I went past and spontaneously crashed. Um, yeah....right. Anyway, apparently this ludicrous story is good enough for his insurance company to deny my claim against him. I only had 3rd party on the old Spada so now I’m unsure of my options.

    I have:
    * A stat dec I wrote after the accident
    * His name, address, phone no. and insurance company details (why would I have these if he was uninvolved in the accident and I crashed myself?)
    * His ridiculously implausible story.

    My questions:
    * Is his company able to just deny me like this when his story is so implausible?
    * Is my only recourse legal action?
    * Even if I won will it cost me more than the ~$5400 I am out to get for the written off bike +damaged gear?
    Am I wasting my time?

    Would love to hear any expert opinions or from people who’ve been through similar.

    Cheers all.
  2. Simple, just refer the insurance company to the police report you made of the prang.

    You did report it, right? :roll:
  3. grrr...... i hate insurance companies!!! it wouldn't happen to be CGU by any chance? there have been a few people having this same problem lately, that people are coming up with new stories and insurance companies refusing to pay, or just not fully investigating the case.

    who is your third party with?? give your insurance company a call, if you can provide them with the details of the person who caused the damage to you vehicle they will chase it up (depending on your insurance company). Some companies pay $3000 and you don't have to pay and excess.

    they try to make it so hard that they hope you just give up. but keep fighting.

    good luck!
  4. .........
  5. "Better get a lawyer son, better get a real good one!".....

    Sorry, that's all I have to offer.
  6. As this could be a case of fraud(?) take everything you have to the cops. Ask them, and see what they have to say about your situation. Can they investigate the incident now? It might be that the other driver, when facing investigation, might have a different story?
  7. Get your insurance comapny to take it up on your behalf. Give them as much detail as possible about what has happened to date. You've already paid them for their services so make them work for it! You will probably need to harangue them a fair bit to get them moving (be warned!) If you don't like the result they come up with, then take it up with an insurance lawyer. Take photos of your bike if you can, and the area that the accident occurred. Point out on the photos the impact point between the car and your bike. Make it as easy for their small minds to understand as possible. :grin:

    Good Luck!
  8. If it got to court, the fact that the other driver volunteered his name and address details will be seen as admission of at least some involvement.
    Your best card is that he is now claiming no involvement, which is discredited by his providing you with details.
    Also, your repairer should be able to provide some evidence for you, of actual contact with another vehicle. That would also discredit his version of events.
    Put this together in a letter back to them that firmly states you are prepared to take this all the way (even if you really aren't).
    You might be able to frighten them into conceding.
  9. You said you clipped the car - was there any damage to it? That would be a bit of a smoking gun.
  10. Maybe you should pre order a POV1 device so you can record the next time you have a crash? LOL

  11. Sexy.

    Is the price Aussie or US dollars?

    I suspect you're using one at work? Any good?
  12. Have a word with the the Tramp, Ugh..
    Also...don't cop what the Insurance company says as final...they can only go by the info given to them by the driver of the car.

    Do you have any of his paintwork on your bike or anything else that clearly points to contact with them?..ie...you clipped them on your front left (damage), and dropped the bike on the RHS....

    Write back to the Insurance company with YOUR version of events - they will/should question their driver.

    Otherwise...you'll have to lawyer up, mate.

    BTW...they could possibly not believe their own driver...after all...what sounds feasable...he clipped you doing a yooei, or you just coincidently spontaneously hit the road just as you were passing them?...trouble is...they have to believe what he says to save themselves some dosh
  13. Here's another take.
    If other driver is to be believed why is he not claiming damages againt you? After all he is saying you hit him............

    Reject their rejection. Any hint of which company you are dealling against?

    A legal oppinion will cost more than the claim is worth and they know that.

    Good luck.
  14. would you like my recovery agent to try on your behalf ?,,we have a very very good succes rate ,,pm me for phone details etc ,insurance companies will always side with the insureds,,who is the insurer?
  15. Unless it's free.... :twisted:
  16. also is it possible to get photos of the damaged car off this insurer ,as they are demanding money,,you are entitled to see them ,,and give us a look as direction of impact and resultant damage may well support you and your version instead of them
  17. Correct. Thanks again :wink:
  18. Thanks for the advice all, much appreciated. Many varied opinions!

    I really don’t have time for this hassle but I’m so p%#@#d that an insured driver would do this that I don’t want to let it go and let him walk away from his responsibility.

    In answer to a couple of questions:

    * His insurance company is AAMI.
    * I made the ‘error’ of locking up/steering/laying the bike over, pretty much avoiding his car and only clipping his bumper with my leg. Therefore there is little/no obvious damage to his car. In retrospect my life would have been much easier if I just t-boned him…but that would have hurt more!

    I intend to get legal advice this week so I can figure out whether I should pursue this or just cut my losses. Any recommendations on who to have a chat to (I’m in Melbourne)? I just want a straight opinion as to whether I have a good case and a good chance of recovering some $$$ or whether the costs and hassle will outweigh any potential benefits.

    Cheers all, thanks again for the advice so far. :)
  19. The Law Institute of Vic has a list of "specialists" in motor / insurance law.
    I'd go with one of the big Plantiff Lawyer" firms.

    Most do a free first interview.