Knocked off my bike - Insurance question

**Captain Stubing** · 20-06-2006, 09:13 PM

Yesterday, on my way to work, I had the chance to meet a Camira driver. This meeting came about from the driver of the Camira pulling out in front of my motorcycle, and me meeting the drivers door and front guard. I'm guessing my bike's a write-off, but haven't had it assessed yet.

I didn't have insurance on my bike, after 20 years of riding, I let it go 6 months ago... I thought I'd paid enough to them

:

The owner of the Camira has insurance through APIA (Australian pensioners), but the driver (owner's wife) doesn't have a drivers licence (due to her poor eyesight!)

I've yet to contact her insurance, but I'm stressing out that the insurance company won't pay, because the driver was unlicenced.

Luckily I've got no broken bones, only badly sprained wrists, and some missing skin from bitumen surfing, niggly back pains, so there won't be any worthwhile 3rd party injury claim.

Has anyone got prior experience with insurance companies paying up, when the driver is unlicenced?

20-06-2006, 09:48 PM

Your both technically uninsured, It may look like you will be chasing after them personally. You put a statement to the police about the incident?

**Captain Stubing** · 20-06-2006, 09:54 PM

Police, Ambulance and Fire Service attended at the scene. I think that's covered...

MO · 20-06-2006, 10:07 PM

swanny...I think you may have to pursue this on your own...first front the ppl involved and use a bit of bluff they were the cause of you being dumped the driver was unlicenced due eyesight a very good bargaining point.

If you pursue you should get out of court settlement as for your injuries I think you should at least make sure the appropriate ppl have the info for future reference..if anything should ever worsen down the track.

You were on your way to work..correct..workers comp will /should cover it.

Ultimate · 20-06-2006, 10:34 PM

Yep if your not at wrong you have to do it personally. Police statement is there to prove things.

rob351 · 20-06-2006, 10:51 PM

As the lady driving was uninsured (no license) she may have to pay any of your medical expenses out of her own pocket if the licensing board pays you money. The damage your bike recieved usually has to be paid by the the car at faults insurance policy, as the driver was unlicenced that insurance company can claim all money off the offending lady.

As for the lady I would hope you try press charges due to gross neglegience it is stupid people like this that kill people.

If I was in your shoes I would get everything I am entitled to and get that lady charged (although the police might do this anyway)

20-06-2006, 11:54 PM

I have a similair sorry, and will share it and maybe you might be in the same boat.

Happened in brisbane, turning off road to get into on ramp for freeway.. there is a set off lights before the turn of to the on ramp.

My mother was going to work, and was looking right and saw that the traffic lights were red, so she was turning into the road to get to the onramp (via a giveway sign), when some d11ckhead ran the red light, smashed into the back of the car. not only that he abused the cr4p out of her.

Same situation as OP, she had paid insurance for over twenty years, and it lapsed for 6 months, due to on going bills etc etc

now I did everything in my power to get this guy to pay up, at first she would not tell me anything about it, as I literally would have taken a bat to his head for carrying on and swearing at an old lady..

Cops, filled out the paper work, even said he ran the redlight, blah blah blah. they did jack about it. from memory did'nt even seem to want it to go to court

He did not have insurance either, so it would have been a go to court thing, made inquires into it, and he was also unemployed, and it was then suggested that what he would do is pay $20 a fortnight, now that would have taken him 10 years to pay it. My Mother was upset, and let it go...

But I still have his name and address (not that he'll be there now), and one day I am sure we'll run into each other again.

I hope you get what is right. and maybe you'll be suprised at the outcome, I have only ever had someone reverse into my bike, and it dropped and broke a few things, I decided to just ask him to pay... and he did.. mind you could have got allot more, and if he did not pay I suggested that I could take it further and then get him to buy brand new fairings... politely, and he realised this and then was happy to pay..

glad you ok mate, sounds nasty...
out of interest what kind of bike was it?

GT-P 390 · 20-06-2006, 11:56 PM

Swanny - I would consult a solicitor and get some advice. On the facts presented I would pursue an action under the tort of negligence. Depending on your actions/omissions regarding the accident you may well be found contributorily negligent, and as a result not be awarded fulldamages but it will be better thatn nothing. The police can pursue her for driving without a license, however this will be a criminal proceeding that will not sound in damages being awarded to yourself.

Good luck, and make sure you get legal advice before getting involved in any dialogue with the other parties, as it may well predjudice your position.

PH47 · 21-06-2006, 12:23 AM

Follow it through to the end man.. don't let it slide get on everyones backs as fast as possible.. make sure the statements to the cops etc are as detailed as possible, get medical statements about ANY injuries you have, the works.. then take them to court.

goldfire · 21-06-2006, 02:15 AM

Bad luck there mate, insurance will most likely disown the driver..

Quote:

Originally Posted by PH47

You were on your way to work..correct..workers comp will /should cover it..

no they won't, has nothing to do with them.

Yaw · 21-06-2006, 07:34 AM

Well fact is she or the owner of the insurance policy need to make a claim.
Do you know if they have done that yet?
Just because someone is unlicenced does not mean thier insurance will disown them. (hell they may even get a bad claims operator that forgets to ask or just assumes) Worth while persuing that avenue first. Either way though, you are dealing with her. You need to send her a letter of demand along with a repair quote, (to be fair get 2 quotes) she then either tries to lodge a claim or pays it. If there is any injury claim CTP will look after that even if the driver is unlicenced. the CTP is on the car not the person.

merlin · 21-06-2006, 07:38 AM

Quote:

Originally Posted by goldfire

Bad luck there mate, insurance will most likely disown the driver..

no they won't, has nothing to do with them.

I'm pretty sure it does...in NSW anyway, someone from my work was in a car accident on the way to work and have been on workers comp for a while

OLDFORDNUT · 21-06-2006, 08:00 AM

workers comp covers going home as well as going to work,even allows stopping on the way within reason.get onto her Insurance company with repair quotes from two or 3 bike shops asap,dont mention driver to them just registered owners details, not your responsability to dob her in and ruin your claim. just do it quickly .then see a lawer about injuries,

**Captain Stubing** · 21-06-2006, 11:12 AM

As far as my injuries are concerned, I'm covered by Work Cover.

I'm not sure if it'd be worth trying for a CTP claim, as my injuries are not severe (sprains, grazes and aches), so I don't imagine a worthwhile payout would eventuate. I will contact a solicitor on this side, though.

I've just been down to pay the towing bill (Ouch!) and to get it quoted on, but the bike shop I spoke to said they are going to write it off.

The bike used to be a nice Honda VF750C.

I've heard that if a driver is disqualified, or affected by alcohol the insurance company isn't interested, which is as Yaw suggested. Here's hoping!

turboute · 21-06-2006, 12:11 PM

Sorry to hear about the bike being a write off and I hope you are not injured.

The insurance company will find out she did not have a licence - they will not pay if there is a way out, that is what they do.

BTW hope you dont end up getting $20 a week for the next year or more like I did when some idiot ran into the side of my old car.

Olympus · 21-06-2006, 03:26 PM

I thought the insurance company would just apply an extra excess if you claim whilst having no licence. What was the reason for her having no licence anyways? Was it just expired? Or was it taken from her? DUI?

XR8 Uterous · 21-06-2006, 05:13 PM

Quote:

Originally Posted by Olympus

I thought the insurance company would just apply an extra excess if you claim whilst having no licence. What was the reason for her having no licence anyways? Was it just expired? Or was it taken from her? DUI?

He said earlier on she wasn't allowed one due to poor eye sight.

But maybe im wrong :O

Pedro · 21-06-2006, 07:28 PM

Quote:

Originally Posted by GT-P 390

Swanny - I would consult a solicitor and get some advice. On the facts presented I would pursue an action under the tort of negligence. Depending on your actions/omissions regarding the accident you may well be found contributorily negligent, and as a result not be awarded fulldamages but it will be better thatn nothing. The police can pursue her for driving without a license, however this will be a criminal proceeding that will not sound in damages being awarded to yourself.

Good luck, and make sure you get legal advice before getting involved in any dialogue with the other parties, as it may well predjudice your position.

I agree with GT-P 390
Get legal advice first. If the advice is not in your favour you could try a formal "letter of demand".