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

[Ferkletastic]

Ex insurance professional here:

WOF expiry is only an issue if it directly contributes to the loss in some way. The co may try and use it to bluff out of the claim, but legally the only time WOF is an issue if there is something about your vehicle that would preclude it from having a Warrant that caused the loss. Dodgy brakes and you fail to stop in time for example.

So yeah, WOF isn't an issue, don't let the insurer make it one.

The main issue here is the fact that you were lane splitting which isn't strictly legal. However as you were passing a line of stationary vehicles on the right you can claim that you were legally passing in a safe manner.

She will claim you were speeding or not indicating, this is a given (they always always do with bikes), just stick to your guns.

Did you speak to any witnesses to the collision and get details or did the Police attend?

[Jantar]

...
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.

As you are not insured this is the best advice on this thtread. Don't deal with here insurance company, deal ONLY with her. She hit your bike, her insurance company didn't. Natuarlly her insurance company will be the ones to pay up in the end, but if you only deal with the driver then her insurance company has less wriggle room to get out of it.

[imdying]

You guys are funny.

No WoF = fucked.

Didn't cause me any bother.

Apparently it stopped being an effective tactic when the insurance ombudsman was brought into being.

[Oleg]

Ex insurance professional here:

WOF expiry is only an issue if it directly contributes to the loss in some way. The co may try and use it to bluff out of the claim, but legally the only time WOF is an issue if there is something about your vehicle that would preclude it from having a Warrant that caused the loss. Dodgy brakes and you fail to stop in time for example.

So yeah, WOF isn't an issue, don't let the insurer make it one.

The main issue here is the fact that you were lane splitting which isn't strictly legal. However as you were passing a line of stationary vehicles on the right you can claim that you were legally passing in a safe manner.

She will claim you were speeding or not indicating, this is a given (they always always do with bikes), just stick to your guns.

Did you speak to any witnesses to the collision and get details or did the Police attend?

^this definitely makes me feel better. dint have a chance of grabbing witnesses, as everyone just drove away.
yes, I've passed the stationary traffic.
Yes, she bumped me when the lights were red.
Yes, all gear works on the bike.
Indicator was on.

She just gave me a txt saying that the insurance claim has been raised and i need to call them.
Lawyer told me to get an independent assessment done first, so they don't appoint their own assessor.
Whats my next move? anyone knows people who can do a decent assessment?

[oneofsix]

^this definitely makes me feel better. dint have a chance of grabbing witnesses, as everyone just drove away.
yes, I've passed the stationary traffic.
Yes, she bumped me when the lights were red.
Yes, all gear works on the bike.
Indicator was on.

She just gave me a txt saying that the insurance claim has been raised and i need to call them.
Lawyer told me to get an independent assessment done first, so they don't appoint their own assessor.
Whats my next move? anyone knows people who can do a decent assessment?

Dealers are useful. When my vfr got bowled whilst parked it was the local Honda dealer. The insurance company tried to use digital photos taken by their cage beater but in the end got the dealer to quote it. just helped someone collect a suzuki from the dealer that had been taken there for an insurance quote in similar circumstances to yourself, i.e. hit by an insured vehicle but not insured himself.

[Ferkletastic]

She just gave me a txt saying that the insurance claim has been raised and i need to call them.
Lawyer told me to get an independent assessment done first, so they don't appoint their own assessor.
Whats my next move? anyone knows people who can do a decent assessment?

As above dealers are good for this, get them to quote repair and replacement costs.

[Oscar]

Deal directly with her.
As others have said, get two quotes, send them to her and ask what she's going to do about it. She'll soon et sick of it and forward to her insurer to have summat done.

As others have mentioned:

WOF - not relevant. Insurance Law Reform Act deals with this.
Lane Splitting - also not relevant. You were stopped.

[James Deuce]

Didn't cause me any bother.

Apparently it stopped being an effective tactic when the insurance ombudsman was brought into being.

I wouldn't rely on it working. Insurance Ombudsman ruled against us when my wife forgot to put the handbrake on and the car rolled backwards into a bus breaking its headlight. Our WoF had expired the day before. Nothing wrong with the brakes (They passed WoF) either. No damage to the car. Broke an indicator on the bus. $680 indicator lense apparently.

So despite the experts I'm sticking with my story.

[Scuba_Steve]

I had to deal with insurance recently this is the form I had to fill so expect something similar I would assume
UTP CF (2).doc
I choose not to fill out bank account details (for good reason too) as I wanted to know what they were trying to give me before getting it, as it turns out that was a good idea as they were trying to offer less than I could replace the bike for let-alone the gear as well, so I told them to come back to me when they have an acceptable offer (which they did) few hours later

also of note they did send round one of their independent assessors but I also had it in at a dealer where it was sitting since the crash as I thought I'd get the ball rolling with someone I choose to check it out 1st

[Crasherfromwayback]

Ex insurance professional here:

WOF expiry is only an issue if it directly contributes to the loss in some way. The co may try and use it to bluff out of the claim, but legally the only time WOF is an issue if there is something about your vehicle that would preclude it from having a Warrant that caused the loss. Dodgy brakes and you fail to stop in time for example.

So yeah, WOF isn't an issue, don't let the insurer make it one.

Wot he says. Besides...you were on your way to get the bike wof checked at the local VTNZ station weren't you! Not having a wof is like no having a licence. Dosen't mean an insurance comapny doesn't have to pay you out if their driver is at fault.

And I sell insurance and deal with insurance companies all day every day mate.

Good luck with everything.

[Crasherfromwayback]

I wouldn't rely on it working. Insurance Ombudsman ruled against us when my wife forgot to put the handbrake on and the car rolled backwards into a bus breaking its headlight. Our WoF had expired the day before. Nothing wrong with the brakes (They passed WoF) either. No damage to the car. Broke an indicator on the bus. $680 indicator lense apparently.

So despite the experts I'm sticking with my story.

Think you'll find that was because your wife was at fault and the car she was in charge of had no wof. Be different if the bus had rear ended her.

[imdying]

I wouldn't rely on it working. Insurance Ombudsman ruled against us when my wife forgot to put the handbrake on and the car rolled backwards into a bus breaking its headlight. Our WoF had expired the day before. Nothing wrong with the brakes (They passed WoF) either. No damage to the car. Broke an indicator on the bus. $680 indicator lense apparently.

So despite the experts I'm sticking with my story.

Your wife was at fault, what did you expect?

[allycatz]

Wot he says. Besides...you were on your way to get the bike wof checked at the local VTNZ station weren't you!...

At 7pm at night???

[Crasherfromwayback]

At 7pm at night???

What...they don't do a late night?

[pritch]

In my experience insurance companies will use any clause available to them to avoid paying. Since you don't have insurance her company will likely make things difficult for you.

I once had an old car, insurance was fire theft and third party only, it got hit by a truck while parked. Not major but... The claims guy at the truck's insurance compnay was just stonewalling, I couldn't get him to do anything. Until I mentioned that the fleet vehicles where I worked, a bigger concern than the trucking company, were insured with his company. Then it was "OK mate the cheque will be in the post tonight."