VIC Uninsured Motorcycle Hit by AAMI Insured Car - What to Do?

[Emmavpeel]

Hi,

Last night I was hit by a car while riding my uninsured motorbike. The people driving blamed me for the car accident and called the police who arrived to the scene, and declared that I was not in the wrong but that the driver of the car was, serving them with a fine.

The driver of the car then filed a claim with AAMI and I have since contacted AAMI to ask how I can move forward with this and ensure that any damage to my bike is paid for under their insurance as the accident was their fault. However, while AAMI was able to tell me that a claim HAS been made under their car registration, they cannot tell me whether it was for the damage done to their car or for my bike and I suspect it is not for the damage done to my bike.

I have taken down the drivers details but I do not have a way of contacting them about this as I did not take a phone number and AAMI has said for me to contact them. I do not know how to move forward with this as I cannot get in touch with them and even if I do, they still believed the accident was my fault so I am concerned that they will refuse to make a claim for my bike under their insurance.

Thanks

 

[Ponala]

You can send the other parties quotes for you damage etc., but if they don't file a claim or refuse to pay etc. then you will need to get a solicitor to act for you and make demands.

 

[Sophea]

I agree with Ponala, send both the other party and their insurer copies of the quotes for your damage. If they don't respond with an agreement to pay these amounts within a reasonable time, send a formal letter of demand (attaching the quotes and any paper work you can get from the police confirming the other car was in the wrong) that states something to the effect: On x date I was involved in MVA with car with x registration. The police confirmed it was X's fault and issued a fine for [X offence] (see attached police report). As a result of that MVA my motor cycle sustained serious damage, which quotes estimate to be "X" amount to repair (see attached quotes). I hereby make formal demand for payment of the amount of $X being damages sustained by me as a result of an MVA caused by [party x]'s negligence. Should this amount not be paid by {x date} I reserve my rights to initiate legal proceedings to recover my damages together with any costs incurred plus interest.

That usually gets things moving along, however if you get no response or money is not paid - you can then send a further "final demand" in similar terms stating that you will now institute proceedings - see if that gets you anywhere and if not - see a lawyer about how much they would charge to file a claim like that for you. I don't know how much the damage is and whether its worth it, but usually that is a fairly simple type of claim.