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View Full Version : What to claim when you get taken out



Raelynn
15th June 2011, 12:07
Recently I had the misfortune of destroying my motorbike in a combined effort of slamming my neck into it then throwing it on the ground - leaving me with a nice scar and a heap of twisted plastics and forks that used to be my Suzuki FXR

Briefly - A woman did a U-turn in front of me on Great South, she was in the left lane and me in the right - I slammed on the picks so hard when she cut in front of me I came over the front (stopping myself going completely over the top with my neck vs wing mirror) and then dropped the bike onto the road. The ambulance came and got me and gave me a day in hospital, a general operation and 6 stitches.

Her lame excuse of "oh, I indicated" hasn't held up and she's due in court in a few weeks to face dangerous driving charges - admittedly I didn't have insurance on my bike because it's only worth a couple of grand but the cops said all I need to do is make a list of things I want paid for so they know how much they need to go after in court.

I just wanted some advice - what do I need to claim for in this situation? So far I've claimed on the average market value of the bike given it's KMs, my helmet, my boots and my phone (which suffered more road rash than I did thankfully!) - what else should be on the list? Any and all suggestions are welcome :D


FYI I know I was bl**dy lucky to escape with a mere flesh wound given the situation - I was traveling at 50km and there's a lot to be said for obeying the speed limit when the poop hits the fan... I probably would have ended up in the side of her car or flying over the bonnet if I'd been going much faster!

Str8 Jacket
15th June 2011, 12:14
My suggestion - get yourself on a riding course ASAP. That'll help you deal with and be able to identify other errant road users.

Glad you OK, hope you get yourself picked up and on a bike again ASAP!

Stirts
15th June 2011, 12:20
but the cops said all I need to do is make a list of things I want paid for so they know how much they need to go after in court.


when the poop hits the fan...

Claim costs for the cleaning of your undies.
P.S - sorry to hear about your off.

neels
15th June 2011, 12:57
Claim for absolutely everything that you are out of pocket from the experience, including cost of doctors visits, time off work etc.

We did this a while ago when we had a coming together with another vehicle, the other party disputed some of the costs for doctors etc, but the police attitude was that we were being more than reasonable and told them to front up with the money.

Spearfish
15th June 2011, 13:07
Claim for absolutely everything that you are out of pocket from the experience, including cost of doctors visits, time off work etc.

We did this a while ago when we had a coming together with another vehicle, the other party disputed some of the costs for doctors etc, but the police attitude was that we were being more than reasonable and told them to front up with the money.

+1
Don't be shy about the Dr fees if any, meds, time off work etc they are often forgotten as a real cost.

Bald Eagle
15th June 2011, 13:20
Don't forget the emotional trauma. Hit and run offender who took me out 6 mths ago was ordered by the Judge to pay $$$ for my wifes emotional stress, as well as my gear etc.

That looks like fun
15th June 2011, 19:02
Get a full appraisal of gear bike etc and claim everything. Drs, meds the works any loss of income etc. No dont try for emotional harm :bs: Be aware there is a big difference between being awarded costs and recieving any money :(
Now go on a riding course, get a new scoot and get back out there :ar15: :2thumbsup

neels
15th June 2011, 21:29
Be aware there is a big difference between being awarded costs and recieving any money :(
True that.

We were lucky there because the guy was being offered diversion, and one of the conditions was he paid our expenses, so I guess he was sort of blackmailed into paying us by the police in order to avoid a conviction.

akkadian
29th June 2011, 18:37
Having done a couple of 'riding courses' recently, I'm not entirely sure how completing one is supposed to save you in an incident like this. That aside, write everything up re costs and give to Police. Contact VA at courthouse and get a statement done. Get Police to do a VIS too if they haven't already.

It's great to get a reparation order covering all your costs but please be aware that just because you have an order doesn't mean you have your money. You don't get it until they pay it to the court which can take YEARS...

Safe riding buddy and good luck

EDIT: Oh, someone already mentioned waiting for the cash. Great minds think alike!