Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

Motorbike Accident - Other Party at Fault

Discussion in 'Insurance Law Forum' started by Adrian Nott, 4 June 2014.

  1. Adrian Nott

    Adrian Nott Member

    Joined:
    4 June 2014
    Messages:
    1
    Likes Received:
    0
    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.
     
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    2,293
    Likes Received:
    522
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    John R likes this.
Loading...

Share This Page

Loading...
gt;