Motorbike Accident - Other Party at Fault

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Adrian Nott

Member
4 June 2014
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I had a motorbike accident in September 2013 and the car insurance company for the at fault driver who ran up the back of me at a set of lights have been fighting me all the way. All I wanted was for them to fix it and the cost was $5,261.05.

The insurance company wants to write off the bike and offered $4,867.00. They also wanted to take out $1,210.00 salvage fee and for them to keep the bike. I have a loan on the bike and also they haven't offered to reimburse me for any travel expenses as I haven't had any transport for over 8 & 1/2 months.

Can they do this? It would have only cost them another $394.05 to fix it.

I really need some advice as I've never had an accident before and don't know what to do.

Thank you.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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691
2,894
Sydney
If you have a consumer credit loan for the bike
(such as from a bank, or GE Money or Virgin Money etc)
then probably one of the conditions of that loan
is that you have a comprehensive insurance policy on it.
Perhaps talk to your insurer?

If you have a consumer credit loan for the bike,
but you do not have the insurance required by your credit provider,
then you have a bigger problem, because your are potentially in breach
of the T&Cs of your loan.

And yes, they can make you an offer of the kind you have received.
It sounds like an encounter with the black art of Loss Adjusting.
 
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