Dinged bike got crashed into (Insurance question)

[ThisSideUp]

Hi guys and gals,

I'm sure you all have things to see and people to do, so I'm just going to try and keep this short.

Bought my first bike for cheap because there was already some pre-existing damage (on the right). Had a pre-purchase inspection done before buying, everything checked out, WOFed nicely, damage only cosmetic.

Here's the tricky bit, I was involved in an accident with the other person fully at fault (pulled out of a stop sign without looking) and there was damage on the left side of the bike (the side that looked shiny)

Their insurer came over to assess the bike, the assesser said they're not giong to cover the tank unless I go halves with them on it because of the existing damage from before looks worse than the one caused by The Biker-Eliminator 9000. Is this right?

Also, they might refuse to cover my kavlar jeans that saved my knee because I refused to walk around all day with massive holes in my pants and stitched it up after the accident (What?)

I am uninsured at the moment, but I get the feeling I'm being shafted here.

Thanks a lot guys. Looking forward to being part of the community here. :)

[G Nine T]

The issue here is you are not insured ! If you where insured your insurance co would deal with the other party's insurance co , so bassicly you will have to take them to court !

[AllanB]

What - typo? You last sentence says you are uninsured.



No insurer will not cover pre-existing damage. Thus the half tank solution, which is reasonable.

Trousers - hmmm interesting. You'll be covered but I am wondering if they were thinking they could just stitch patches or similar over the rips instead of replacing the pants. Or they are questioning if the damage was caused by the accident - did you take any photos?

[ellipsis]

...welcome to the kevlar swallowing, gnashing teeth of KB...you are in for a walloping, bejesus, odin and St patrick can't save you now...

[ThisSideUp]

The issue here is you are not insured ! If you where insured your insurance co would deal with the other party's insurance co , so bassicly you will have to take them to court !

I hear ya buddy... Just gotta deal with the situation I'm in now as best I can. :\


What - typo? You last sentence says you are uninsured.

No insurer will not cover pre-existing damage. Thus the half tank solution, which is reasonable.

Trousers - hmmm interesting. You'll be covered but I am wondering if they were thinking they could just stitch patches or similar over the rips instead of replacing the pants. Or they are questioning if the damage was caused by the accident - did you take any photos?

Nah, not a typo, just an exclamation. Yeah, I sent them some photos of the damage and it conincide with the medical (part of a the whole disputes thing). I was just surprised they would go down that avenue considering it was the person who hit me that decided to drag this on for 6 months.



...welcome to the kevlar swallowing, gnashing teeth of KB...you are in for a walloping, bejesus, odin and St patrick can't save you now...

< puts visor down >

[caseye]

I hear ya buddy... Just gotta deal with the situation I'm in now as best I can. :\



Nah, not a typo, just an exclamation. Yeah, I sent them some photos of the damage and it conincide with the medical (part of a the whole disputes thing). I was just surprised they would go down that avenue considering it was the person who hit me that decided to drag this on for 6 months.




< puts visor down >

Lesson one.
Insure your bike and your gear.
Lesson two.
if you haven't insured your bike and your gear the other guys are going to fuck with you.
'Lesson 3.Take their offer of going halves in the tank repair/replacement, push for replacement.
Don't take any shit about your kevlar jeans, they can't prove they wer'nt ripped in the accident, let them go all the way to court if you have to, but if it does they will lose.
Don't worry about the trolls and the doom sayers here in KB, most of em don't even ride anymore, too scared in case they meet up with cassina.

[Moi]

Lesson one.
Insure your bike and your gear.
Lesson two.
if you haven't insured your bike and your gear the other guys are going to fuck with you.
'Lesson 3.Take their offer of going halves in the tank repair/replacement, push for replacement.
Don't take any shit about your kevlar jeans, they can't prove they wer'nt ripped in the accident, let them go all the way to court if you have to, but if it does they will lose.
Don't worry about the trolls and the doom sayers here in KB, most of em don't even ride anymore, too scared in case they meet up with cassina.

+ 1

The only thing I'd add is: if you can't afford comprehensive insurance, at least have third party

... you don't want to have an accident which is your fault in which you hit someone's new car.

[ThisSideUp]

Lesson one.
Insure your bike and your gear.
Lesson two.
if you haven't insured your bike and your gear the other guys are going to fuck with you.
'Lesson 3.Take their offer of going halves in the tank repair/replacement, push for replacement.
Don't take any shit about your kevlar jeans, they can't prove they wer'nt ripped in the accident, let them go all the way to court if you have to, but if it does they will lose.
Don't worry about the trolls and the doom sayers here in KB, most of em don't even ride anymore, too scared in case they meet up with cassina.

Thanks, man. This is pretty much what I was looking for.

Not sure who cassina is, but I'll keep the rest in mind. Cheers. :)


+ 1

The only thing I'd add is: if you can't afford comprehensive insurance, at least have third party

... you don't want to have an accident which is your fault in which you hit someone's new car.

:niceone:

[avimistry]

I'd say going half on the tank is quite reasonable. I have no idea of the cost to replace or repair, but I'd say ask their insurer for quotes on both so you can decide which to go with. It is your money (half of it) after all.

As for the gear, you should've taken pics of the damage to the pants before stitching 'em up. Ideally, you wouldn't use 'em again as they are essentially evidence. I'd think if you settle on the tank, they might take it as good faith and do the pants.

[ThisSideUp]

Ideally, you wouldn't use 'em again as they are essentially evidence.

That's what I told my boss when I got to work after the accident! But he told me to put my pants back on 'cause the look was "unprofessional". Haters gonna hate.

But in all seriousness though, yeh, I might go halves on the tank. In retrospect, I agree, pictures before stitching them up, but after the crash she said she'd take full responsibility and there would be no issues and I took the liar's word for it.
Grown-ass adult with grown-ass adult kids still trying to get out of responsibilities. Sigh...

FYI for anyone reading this in the future, ALWAYS TAKE WITNESS DETAILS, TRUST NO ONE.

[Mike.Gayner]

On the tank issue, the insurer is being entirely reasonable - sounds like a good offer for both parties. Regarding the pants, just fight them, they'll cave.

[mossy1200]

Take cash settlement for repair based on parts at new price buy good second hand parts and fix the damage yourself. Must be a few hyo second hand tank and fairing sets for sale. I would say a few died engine failures now.

[Akzle]

what the fuck cunt

it's their job to fix your shit to pre-jewing state. if you want your shit fixed do what mossy said.
if you want to stick it to the man, then demand (as your within your rights to do) that they fix your shit. this relies on you being able to prove the state of things before this woman drove into you.
if they have to cut the tank in half and fucking panelbeat only the left side, then weld it together, then fucken make em. (im assuming hyoshits are made of real metal, not some kind of duct tape and metal filing faggotry)
they are obliged to sort out their victim, err, client's fuckups. jeans included.

when dealing with jews, it's not what you know, but what you can prove.

he-said she-said doesn't stand up in court so it doesn't matter if she promised you a blowie and a unicorn ride. unless you got it on tape.

[jasonu]

On the tank issue, the insurer is being entirely reasonable - sounds like a good offer for both parties. Regarding the pants, just fight them, they'll cave.

Don't expect them to pay half the cost of a new tank. They will depreciate it and you will be lucky if you get 25% the cost of a new one.
As for the pants, what a bunch of miserable penny pinching jew cunts! I guess it is a NZ thing.

[nzspokes]

Take a look at Hysung parts in Aussie. Chances are a new tank will be much less than the repair.

Then insure your shit.

[Mike.Gayner]

Don't expect them to pay half the cost of a new tank. They will depreciate it and you will be lucky if you get 25% the cost of a new one.
As for the pants, what a bunch of miserable penny pinching jew cunts! I guess it is a NZ thing.

You don't understand how insurance works. I wouldn't expect you to, mind you, being you're fucking stupid and all.

[jasonu]

You don't understand how insurance works. I wouldn't expect you to, mind you, being you're fucking stupid and all.

Do you have sand in your vagina or are you just naturally unhappy?

[Mike.Gayner]

Do you have sand in your vagina or are you just naturally unhappy?

I would ask you the same thing, being you seem to bitch and moan about every. single. thing.

[WristTwister]

That's what I told my boss when I got to work after the accident! But he told me to put my pants back on 'cause the look was "unprofessional". Haters gonna hate.

But in all seriousness though, yeh, I might go halves on the tank. In retrospect, I agree, pictures before stitching them up, but after the crash she said she'd take full responsibility and there would be no issues and I took the liar's word for it.
Grown-ass adult with grown-ass adult kids still trying to get out of responsibilities. Sigh...

FYI for anyone reading this in the future, ALWAYS TAKE WITNESS DETAILS, TRUST NO ONE.

You have a motorcycle accident and still went to work?

Good luck getting a witness btw, that is one reason why many bikers get helmet cams.

[avimistry]

That's what I told my boss when I got to work after the accident! But he told me to put my pants back on 'cause the look was "unprofessional".

Your boss clearly has no sympathy! Btw, do you use your riding pants during work?


but after the crash she said she'd take full responsibility and there would be no issues and I took the liar's word for it.
Grown-ass adult with grown-ass adult kids still trying to get out of responsibilities. Sigh...

FYI for anyone reading this in the future, ALWAYS TAKE WITNESS DETAILS, TRUST NO ONE.

A person's word means absolutely squat in these situations. As soon as she spoke to her insurance they would've told her NOT to ever admit/deny anything. That's insurance claiming 101. You should get as much detail as possible at the scene, even if it means recording the scene and verbal exchanges. Even get the cops involved, or at least make a police report asap.

And forget bout witnesses. Your phone/cam is your witness. These days it's becoming more and more common to see riders with a cam on their helmet.

[ThisSideUp]

You have a motorcycle accident and still went to work?
Yep, t'was but a flesh wound...



Your boss clearly has no sympathy! Btw, do you use your riding pants during work?
Word. Yeh, they're just kavlar jeans, might try slowly pushing it till I eventually end up sitting at my desk in a one piece and helmet on. But one step at a time.



that is one reason why many bikers get helmet cams.

Your phone/cam is your witness.
Believe it or not, it was the first time I forgot to charge the helmet cam, sucker ran outta juice as soon as I left the house. Irony.

[local]

I'm assuming the "unprofessional" comment from your boss was about working in your undies? My work frowns on it too, that turned it into quite a long lunch break.

Tell them you will be lodging your claim with the disputes tribunal if it's not satisfactorily resolved soon. You don't have to deal with the other driver's insurance company, your claim is against their client.

As mentioned previously you're better off cash settlement based on half a new tank, and claim new pants (along with whatever else that's damaged on the bike).

Just remove the stitches you added to the pants and take pictures then. I'd claim that besides the visible damage, they have likely been stressed in areas not identifiable from visual inspection. This is similar to the way vehicle insurance policies generally cover replacement of child car seats - even if not directly impacted.

[nzspokes]

http://www.hyosungpartsonline.com.au/index.php?main_page=product_info&cPath=4&products_id=158

[The Reibz]

Looks like you own a hyosung and are more than willing to admit it. Perhaps suicide would be a easier option for you than insuring a Korean failed abortion of engineering?

[Madness]

Looks like you own a hyosung and are more than willing to admit it. Perhaps suicide would be a easier option for you than insuring a Korean failed abortion of engineering?

Welcome back. I see you've been working on getting in touch with your softer, feminine inner-self these past six months you've been away. Good on you bro :grouphug:

[The Reibz]

Welcome back. I see you've been working on getting in touch with your softer, feminine inner-self these past six months you've been away. Good on you bro :grouphug:

I'd post on here a little more but ive been seriously busy with shit that isn't the cancer of NZ motorcycling. Nice to see you are still alive though, good cunt that you are

[Madness]

Kiwibiker, the cancer of NZ motorcycling.

Fuck, that's deep.

[avimistry]

Word. Yeh, they're just kavlar jeans, might try slowly pushing it till I eventually end up sitting at my desk in a one piece and helmet on. But one step at a time.
Lol, bet your boss would really appreciate that.. 324124



Believe it or not, it was the first time I forgot to charge the helmet cam, sucker ran outta juice as soon as I left the house. Irony.
Damn, that sucks!



Tell them you will be lodging your claim with the disputes tribunal if it's not satisfactorily resolved soon. You don't have to deal with the other driver's insurance company, your claim is against their client.

As mentioned previously you're better off cash settlement based on half a new tank, and claim new pants (along with whatever else that's damaged on the bike).

Just remove the stitches you added to the pants and take pictures then. I'd claim that besides the visible damage, they have likely been stressed in areas not identifiable from visual inspection. This is similar to the way vehicle insurance policies generally cover replacement of child car seats - even if not directly impacted.

Good points here, though I'd leave the stitches and explain the reason behind it. It's more than valid from where I stand.

[ThisSideUp]

Lol, bet your boss would really appreciate that.. 324124

:rofl:







Good points here, though I'd leave the stitches and explain the reason behind it. It's more than valid from where I stand.

Yeah, that's what I did and frankly if they say otherwise I wouldn't hessitate to call them out on it. Just gave them another call, apparently everything's gonna get looked at today and I'll hear from them before the end of tomorrow. Fingers crossed. :)

[avimistry]

Yeah, that's what I did and frankly if they say otherwise I wouldn't hessitate to call them out on it. Just gave them another call, apparently everything's gonna get looked at today and I'll hear from them before the end of tomorrow. Fingers crossed. :)

Just remember, she is the guilty party here and has to pay the excess. Providing she as full cover, her insurance is obligated to attend to her vehicle and yours. From your side, it's what you present and how strongly you present it. Hope it goes in your favor..

[ThisSideUp]

Just remember, she is the guilty party here and has to pay the excess. Providing she as full cover, her insurance is obligated to attend to her vehicle and yours. From your side, it's what you present and how strongly you present it. Hope it goes in your favor..

Thanks for the advice, dude.

It's settled now, they're going with a cash settlement for everything with a depreciated value (I felt this was bs, but it wasn't enough for me to care). Thanks to everyone who helped!

[MarkH]

+ 1

The only thing I'd add is: if you can't afford comprehensive insurance, at least have third party

... you don't want to have an accident which is your fault in which you hit someone's new car.

While that makes sense it wouldn't help in this situation, you would still have to deal with the other person's insurer when they are at fault and since you are not their customer they don't have to nice to you to keep your business - so they will try to fuck you over.

Get a quote from these guys before going elsewhere: http://www.kiwibike.co.nz/
Also - never give bank or CC details to youi just to get a quote, if they say they need those details tell them to forget it then (there is a thread somewhere that gives details of issues).