Non-fault accident, and the kerfuffle afterwards

[Sly_guy]

Ok, where to start this one...

Last Tuesday, on my daily commute from the top of the shore to CBD, I'd been splitting, then the speed got above 65 - 70kph, so I went to lane 3... a few seconds in that lane, and a bird in a White Galant decided it looked cozy, and thought she would join me ! Managed to slow to about 40 - 45, but locked up the front trying to avoid her (It had just been raining..).... so off I go, sliding down the hard, wet black stuff...

Long and the short of it, a trip to North Shore General (very good standard of care there I must say!) bruised and slightly cracked ribs (ouchie)..

Ok.. so, I'm fully insured, with State, tell them about the incident, they get in touch with the other party, who initially denies liability, (and i'm looking at $850 excess), but then after a bit of digging, she admits fault... Bike's taken off for assessment.

Turns out there is just shy of $3k's worth of damage to the bike (muffler, foot brake, tacho, indicator, mirror, 1 fork etc). However, it's apparently going to take 4 weeks to get some of the parts from Japan / Korea...

I spoke to state about some kind of courtesy vehicle etc, and they say it's not covered, I can "attempt" to claim back costs from the other party, but nothing is guaranteed... (i.e. I could end up with a VERY big car hire bill not being paid..)

So, here I am, 4 weeks without a bike, and I'm going to have to use public transport (yes, it pains me greatly !!!), apparently I "Might" be able to claim back the cost of my bus tickets, but again, no promises...

Is this normal ?, that Insurance companies only replace the actual losses, not the cost of inconviniences too ? Or am I just being a winging(sp?) git ?

Have you guys got any tips on how I might handle this differently? or am I just stuck with the situation ?

I've got gear (all that got replaced withing 3 days...) just no bike.

[Laxi]

standard practice, they make more money by charging extra for rental coverage

[Sly_guy]

standard practice, they make more money by charging extra for rental coverage

Apparently not even an option in their bike policies.... and even on a car policy it's a 14day max hire, WHILST the vehicle is being repaired (i.e. not waiting for parts)

:blank:

[sparky.scott]

Ok, where to start this one...

Last Tuesday, on my daily commute from the top of the shore to CBD, I'd been splitting, then the speed got above 65 - 70kph, so I went to lane 3... a few seconds in that lane, and a bird in a White Galant decided it looked cozy, and thought she would join me ! Managed to slow to about 40 - 45, but locked up the front trying to avoid her (It had just been raining..).... so off I go, sliding down the hard, wet black stuff...

Long and the short of it, a trip to North Shore General (very good standard of care there I must say!) bruised and slightly cracked ribs (ouchie)..

Ok.. so, I'm fully insured, with State, tell them about the incident, they get in touch with the other party, who initially denies liability, (and i'm looking at $850 excess), but then after a bit of digging, she admits fault... Bike's taken off for assessment.

Turns out there is just shy of $3k's worth of damage to the bike (muffler, foot brake, tacho, indicator, mirror, 1 fork etc). However, it's apparently going to take 4 weeks to get some of the parts from Japan / Korea...

I spoke to state about some kind of courtesy vehicle etc, and they say it's not covered, I can "attempt" to claim back costs from the other party, but nothing is guaranteed... (i.e. I could end up with a VERY big car hire bill not being paid..)

So, here I am, 4 weeks without a bike, and I'm going to have to use public transport (yes, it pains me greatly !!!), apparently I "Might" be able to claim back the cost of my bus tickets, but again, no promises...

Is this normal ?, that Insurance companies only replace the actual losses, not the cost of inconviniences too ? Or am I just being a winging(sp?) git ?

Have you guys got any tips on how I might handle this differently? or am I just stuck with the situation ?

I've got gear (all that got replaced withing 3 days...) just no bike.

Wow glad to hear that your still alive and kicking.

Getting gear and assessed in less than a week is impressive, mines been off the road for two weeks now and hasnt been assessed yet, and i have no means of transport at the moment.

On the courtesy cars front i think most times the panel beater/bike shop or whatever loans out the vehicle, probably of not much use to you i know but i thought might help you out.

[fireliv]

Apparently not even an option in their bike policies.... and even on a car policy it's a 14day max hire, WHILST the vehicle is being repaired (i.e. not waiting for parts)

:blank:

Yeah we recently had a chick run into our car which put it in the shop for 2 weeks. Unfortunatly we dont have rental cover (which I dont remember them asking about) so were a bit stuffed for our trip to blenheim the next day, but lucky my sister took us. We were also lucky that we had the bikes to transport us round till we got the car back.

No one around you willing to lend you a car or carpool?? Good luck getting it sorted

[Winter]

I've taken a claim to disputes tribunal for a vehicle prang - other party at fault. The had to pay me out for the cost of repairs, towing, storage, and alternate transport costs of my own.

If the other party has admitted liability, I would put it to them they they need to pay for a rental car. The disputes tribunal would likely be on your side.

Still a gamble tho.

[Laxi]

Apparently not even an option in their bike policies.... and even on a car policy it's a 14day max hire, WHILST the vehicle is being repaired (i.e. not waiting for parts)

:blank:

dodgy as, wouldnt ensure the cage under those terms, its amazing how quick they fix things when they're paying for a rental car:clap:

[Mully]

They aren't writing it off??

See if you can pick the repair company - you might be able to swing a courtesy bike (do bike repairer's do that???)

[Sly_guy]

They aren't writing it off??

See if you can pick the repair company - you might be able to swing a courtesy bike (do bike repairer's do that???)

They've already allocated Spectrum motorcycles in Takapuna... (I had the crash a grand total of about 2k away ! :)).. no loan bikes ! :(..

[Sly_guy]

What has surprised me over here is the fact that the american, sue everyone, system hasn't arrived (yet...)..

In the UK, the last time I had a non fault accident (and we're going back 10 ish years), I was asked about 400 times id I'd suffered whiplash, as I could claim compensation... (i'm not saying it not being here is bad thing by the way!!!!)

[Ragingrob]

Just curious... Did you move at all or just brake? There is plenty of room to move to the side to avoid being hit. Had to do just that twice last week! Swerved and on the horn as soon as they moved.

[Winter]

Talk to the bike shop, ask if they can get you a rental car on the sly, and bill the insurance co for it under something generic like 'motorcycle parts'

tee hee

[Winter]

By the way, kerfuful is such a greatly underused word. Love it :)

[Sly_guy]

Just curious... Did you move at all or just brake? There is plenty of room to move to the side to avoid being hit. Had to do just that twice last week! Swerved and on the horn as soon as they moved.

I was moving, to try and go to the side of her (the central reservation side), however, I braked slightly too hard for the conditions and lost the front wheel and kind of went to the side of her... I do strongly believe though, that I was either going to hit her or come off..

(yes, practicing emergency braking in the wet is TOP of my priority list when I get the bike back :) )

[Sly_guy]

By the way, kerfuful is such a greatly underused word. Love it :)

My aim in life is to use that word at least once a day..... usually followed by something equally as eloquent.... "cock" !

[CookMySock]

You can order stuff from korea and get it in three days, so I would be looking at repairing it myself and they pay me for parts. Tell the insurance company what you want them to do, not the other way around.

Steve

[The Stranger]

I was moving, to try and go to the side of her (the central reservation side), however, I braked slightly too hard for the conditions and lost the front wheel and kind of went to the side of her... I do strongly believe though, that I was either going to hit her or come off..

(yes, practicing emergency braking in the wet is TOP of my priority list when I get the bike back :) )

So you locked up and hit her then. Doesn't that make the accident your fault?
I sure as hell wouldn't be thinking of going to small claims - you may be in for a nasty surprise. I'd be thankful she admitted liability and leave it at that.

[PirateJafa]

So you locked up and hit her then. Doesn't that make the accident your fault?
I sure as hell wouldn't be thinking of going to small claims - you may be in for a nasty surprise. I'd be thankful she admitted liability and leave it at that.

No it doesn't.

He says that she changed into his lane in front of him, from the sounds of it going a lot slower than him. That's her lookout - you can't pull in front of someone and expect them to be able to magically slow down to your speed within two metres (unless they're Skidmark, of course).

[MSTRS]

....being a winging(sp?) git ?...Whinging.


By the way, kerfuful is such a greatly underused word. Love it :)
That it is.
Personally I'd like to see kerfuffle used more often...

This post brought to you, in the interests of education and amusement, by the BDOTGNZA

[Sly_guy]

So you locked up and hit her then. Doesn't that make the accident your fault?
I sure as hell wouldn't be thinking of going to small claims - you may be in for a nasty surprise. I'd be thankful she admitted liability and leave it at that.

Maybe I worded things badly... but, no, I managed to avoid her, and in doing so, I applied too much brake... and lost front grip.

I'd not stated anywhere that I was looking at small claims either... just that I was surprised the suing culture hadn't hit these shores yet...

[MSTRS]

I'd not stated anywhere that I was looking at small claims either... just that I was surprised the suing culture hadn't hit these shores yet...

The state has given us the Disputes Tribunal (small claims court) and ACC. The state reserves the right to sue almost exclusively for itself.

[xwhatsit]

When somebody changes into your lane, I don't always hit the brakes. You said you were lanesplitting only a little while before -- so you should know there's already room for your bike to fit inbetween two lanes. When somebody changes into your lane, there's enough room to move right the way over into a lanesplitting position -- all the while of course mashing your horn hoping they'll wake up out of their snooze.

[EJK]

:( That sucks.
When I had my single vehicle accident (my fault), I didn't get any loan bike either for the reason "I caused the accident". I think you could get a loan bike under insurance claim but like they say, it's highly unlikely.

Well I had to walk/ take bus for about just over 2 months.

[Nasty]

I spoke to state about some kind of courtesy vehicle etc, and they say it's not covered, I can "attempt" to claim back costs from the other party, but nothing is guaranteed... (i.e. I could end up with a VERY big car hire bill not being paid..)

So, here I am, 4 weeks without a bike, and I'm going to have to use public transport (yes, it pains me greatly !!!), apparently I "Might" be able to claim back the cost of my bus tickets, but again, no promises...

Is this normal ?, that Insurance companies only replace the actual losses, not the cost of inconviniences too ? Or am I just being a winging(sp?) git ?

Have you guys got any tips on how I might handle this differently? or am I just stuck with the situation ?


The cost of inconviences if you want them need to be accounted for in the insurance that you pay - so if its not in your policy you don't pay for it.

Its really simple - so yes - you are just whinging for nothing.

[xwhatsit]

I had a non-fault accident (well, if I'd tried to steer around him there wouldn't be an accident, I just hit the picks instead, so partially my fault -- he failed to give way), and Holeshot offered me a loan bike, they did the work. In the end though I got an offer I couldn't refuse from GiJoe1313's Custom Super Motorcycle Hire and blatted around on various two-strokes until legging it overseas and flogging dad's TRX850. When I came back my RS was ready to pick up :)

You can choose which repairer you want. Ring around first and ask if they'll lend you a bike.

In fact, since it's not your fault (i.e. you don't have to pay anything to them) there's no need to go through your insurance at all. You could just deal directly with their insurance (as I did, as I don't have insurance) and demand you be reimbursed for transport. You don't have a policy with their insurer so none of their policy rules (or your policy rules) apply.

[CookMySock]

@xwhatsit, two great posts!

Steve

[Weaver]

Did the police stick there nose in at the time? If the did, don't be surprised if they appear on your doorstep in a couple of weeks.