F#K my life. Another crash. I need your advice.

[Oleg]

FUUUUUUUUCKKKK!!!!!! Just as i got a brand new fairings and a bloody headlight, which i've been hunting for 1.5 years, some very nice lady decided to rear end me. Will make it short:
1. tonight about 7 pm, coming to an intersection during rain. Lots of traffic.
2. Decided not to stay in the line with car, i lanesplit from the right side (as been told on KB many time) straight to the front.
3. at the moment im next to the middle lane next to Nissan Murano. Traffic light is red.
4. Nissan jolts forward, hitting me on the left side, the point of contact is from pillion seat right through my leg and front fairings. The light is still red.
5. This hit makes my drop the bike and roll away.

Pulled it to the curb, the Nissan pulled over as well. She's got insurance and deeply scratched bumper. I got no insurance, decent bruise on the leg and extensive list of broken/cracked/bent stuff on the bike. NOTE: my woof expired 20 days ago.
She said that she will lodge the claim with insurance company tomorrow.
Its first time that i have to deal with insurance claims and etc., so desperately need some advise on what my actions should be. Please help.
What f#ks me off at most, is that i just finished the bike for a track day at puke.....

UPDATE: 1st June - She raised the claim with her insurance, which is Westpac.

[avgas]

It will sound harsh - but will do you good in the long run. We all were at this stage at some point.

- No WOF, no ride. Basically makes you always in the wrong. You wont see it, I don't see it, KB doesn't see it. But in the eyes of a cop and a lawyer.....you should not have been on the road = auto-in-wrong

- Lane splitting is cool and handy if you not going to crash. If you are. Your in the wrong again.

- Never assume that people won't hit you, or run you over. They will and unless you get their attention asap your fucked.

So you pretty fucked. However.

- Claim you only just got the bike back on the road and you were testing things like brakes etc before going to testing station.

- STATE SHE HIT YOU

- STATE THAT YOU WERE RIDING SAFELY AT ALL TIMES

And you might just get away with having to pay for your own repairs.

[jaffaonajappa]

Did she notice your Rego/WOF? They usually dont...

Call her tomorrow, ask what her Excess is.
Add 50 to 100%, and ask her for that figure in cash. - She retains no claims bonus.....you get at least 'something' to help with the repairs.

[Oleg]

Did she notice your Rego/WOF? They usually dont...

Call her tomorrow, ask what her Excess is.
Add 50 to 100%, and ask her for that figure in cash. - She retains no claims bonus.....you get at least 'something' to help with the repairs.

The more i look at whats left, the more it looks like a write off to me. So, by the sound of things I should get rid of my hopes for insurance repair?

[jaffaonajappa]

The more i look at whats left, the more it looks like a write off to me. So, by the sound of things I should get rid of my hopes for insurance repair?

Sorry mate - I know SFA about insurance....wait for tomorrow - bound to be someone around here with an informed bit of advice.,

[Gremlin]

Just watch the insurance company come back to you and claim you were doing something wrong, the driver will have claimed to them that you did something etc... seen it before.

As you don't have insurance, the insurance company will have to deal direct with you. You may need to fill out some forms for them. Did the police attend, and if so, they will come to a conclusion and find a party at fault. This would be extremely handy against the insurance company, as they will most likely try to weasel out of paying...

Be prepared for a few weeks of learning...

[Stormdragon]

I usually stay outta your guys threads since I'm 3000 miles away and working under different laws, but... I can't help myself on this one.


Don't mention the WOF, don't mention the split. State that you were legally stopped at a red, and you were hit. If the insurance company asks, admit to the split, and the WOF, but don't offer the info up front. To my mind, neither of those items are factors in what happened.

And get yourself insured and WOF-ed. That pretty much insures you'll never get hit again. Go ahead, ask me how I know.

[YellowDog]

Did she notice your Rego/WOF? They usually dont...

Call her tomorrow, ask what her Excess is.
Add 50 to 100%, and ask her for that figure in cash. - She retains no claims bonus.....you get at least 'something' to help with the repairs.

I like this one

She may well fall for this to save her own insurance premium from rising.

Let's face it, she did do something really stupid. Maybe she was scratching her fanny or answering a cell phone OR something equally stupid that caused her to lurch forward at red lights and she now feels guilt.

May be she was drunk in charge The point is that she does not know you didn't have a WOF.

I am not sure at what stage anything has to come out about your WOF status?

You are now without a bike and if she doesn't deal with this urgent right away, you will consider involving the Police

Good luck, glad you are OK

[FJRider]

Did she notice your Rego/WOF? They usually dont...

But HER insurance company MAY do ... in fact I'm sure they will ...

[FJRider]

Don't mention the WOF, don't mention the split. State that you were legally stopped at a red, and you were hit. If the insurance company asks, admit to the split, and the WOF, but don't offer the info up front. To my mind, neither of those items are factors in what happened.

And get yourself insured and WOF-ed. That pretty much insures you'll never get hit again. Go ahead, ask me how I know.

Most Insurance Co's wont accept claims on un-warranted / rego'd vehicles ...

[oneofsix]

FUUUUUUUUCKKKK!!!!!! Will make it short:
1. tonight about 7 pm, coming to an intersection during rain. Lots of traffic.
2. Decided not to stay in the line with car, i lanesplit from the right side (as been told on KB many time) straight to the front.
3. at the moment im next to the middle lane next to Nissan Murano. Traffic light is red.
4. Nissan jolts forward, hitting me on the left side, the point of contact is from pillion seat right through my leg and front fairings. The light is still red.
5. This hit makes my drop the bike and roll away.
..

Your WOF isn't an issue as it wasn't a failure on the part of your bike.
Her insurance company is likely to sit back and wait for you to lodge a claim on them. If she hasn't also lodge a claim they wont do anything either. Once they have both claims they will start to react. They will wont a quote for repairs from a dealer.
As she only has scratches to her car the previous suggestion of doubling her excess may be an option. Factor in to this that if the insurance fix your bike there will likely be about a month of 'negotiation' before repairs are started or (more likely) the bike is written off and they take away your pride n joy. Also will double her excess be anywhere near what the write off value of your bike would be? What if it only comes to say 1k?
Now the question. If you were beside her now the hell did she jerk forward and hit you? She must have come at an angle? I am assuming this because of your stated reason for splitting, i.e. not being in the line of traffic so you couldn't get rear ended. Sounds like she has some explaining so may be very willing to settle without involving insurance.

[James Deuce]

You guys are funny.

No WoF = fucked.

[Fatt Max]

You guys are funny.

No WoF = fucked.

Thats how I see it. One way or another that will come out unless you make a direct approach and see if she will settle with some cash then she and the bastard insurance companies will never know.

Tough one mate but it is what it is eh

[Latte]

Spoke to my insurer (ami) about this a while ago, if it didn't contribute to the crash it won't affect the claim (ie if the bike was up to standard I'd be fine). Of course when they sniff an opening not to pay a 3rd party, they'll use it against you.

Deal with her 1st, get 2 quotes for the repairs from a bike shop, and ask for the money from her upfront. The insurance company will take over at some point - stick to your guns, you have rights, small claims etc. Better than folding at the 1st instance and walking away with nothing.

[jack_hamma]

You guys are funny.

No WoF = fucked.

Her insurance company will get to this part of the process that you had no WOF and yep...... they will use that and not pay out as your vehicle isnt road legal.