Motorbike Accident - Other Party at Fault

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

  1. Adrian Nott

    Adrian Nott Member

    4 June 2014
    Likes Received:
    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

    28 April 2014
    Likes Received:
    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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    John R likes this.

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