Insurance payouts?

[Tazz]

Call the popo and report the accident if you haven't already, serve the papers, name and shame, get things rolling man.
Do it before the end of the day.
If you have a lawyer get some serious sounding stuff with their letterhead sent, or make up your own (but I'm not sure about any hot water that could land you in, so research that first lol).
Get it done today, give him till Monday to act. He (hopefully) will be shitting bricks all weekend and there won't be many places open he can consult for advice.
Basically now you're wanting to 'bully' him into doing the right thing and sorting it out via insurance, if not, small claims or whatever with extra claims for lost wages (due to loss of transport), emotional damage, medical expenses etc etc (if you can do that. I'm not schooled up on all that myself)

Put as big a figure on there as you can without going too overboard. You want him to realize things are going to go from bad to a whole lot worse if he doesn't just pay his excess and have insurance sort it for him.

One thing that riles me is people who can't sort out their mistakes in situations like this, especially since he is insured so just has to pay excess and (according to the fact you have witnesses) was completely in the wrong.

Have no sympathy or mercy with the wanker.

Also if you haven't already you want to be getting written statements from the witnesses (I think emails are possibly legit?)

If you have a google you'll find heaps of info on this sort of situation I'm sure.

[nzmikey]

I'm not currently insured. Looks like it might have to go to the small claims court. I'm hoping there's some way to deal with his insurance company though. I didn't think they can just say 'client says no, sorry.'

http://www.consumer.org.nz/reports/d.../how-they-work

[Tazz]

Claim for $4,999 lol (but secretly just aim for the replacement price of your bike and any associated fees of the tribunal)

[Gremlin]

I'm not currently insured. Looks like it might have to go to the small claims court. I'm hoping there's some way to deal with his insurance company though. I didn't think they can just say 'client says no, sorry.'

You're only dealing with his insurance as they are acting on his behalf, ie, he has insurance, so he pays a premium, and they cover him (or her).

As I think someone has said, go after him for all the expenses you've incurred. This is where a track of paperwork, events, timeline etc are important, also the fact he admitted fault, then u-turned. The Disputes Tribunal adjudicator will take the facts from both sides, allow each side to speak and respond to any claims from the other side etc.

At work, we had a client who reckoned he didn't have to pay us, as he thought we owed his employer (we didn't, and also supplied both the company and employee separately with services). Refused to pay, had his chance, we filed and the Friday before the Monday date for tribunal he suddenly wanted to come to a deal. Easy, here's the cost as filed, now plus the filing fee. He started to argue then gave up and paid.

Sometimes people simply want to dodge... and sometimes they're smart enough to realise it's better for them to resolve it. Been to tribunal several times now, all company related stuff and every one has been favourable to us.

[neels]

I didn't think they can just say 'client says no, sorry.'

Unfortunately they can.

I had this with a work vehicle, woman drove into me while I was stationary and at the time said it was all her fault, her subsequent statement to her insurance company was that I drove into her. Despite pointing out that it's pretty much physically impossible to drive the rear corner of my car into the entire side of her car (I took photos at the time), she subsequently died before it was resolved and as that was the only statement they had they refused to pay.

[baffa]

As Mikey pointed out, there are other options, but by and large its tougher without insurance.

You arent fighting the other guy, you're fighting his insurance company, and he pays them money to protect him. I would suggest following it through, because if they determine hes not at fault, then you are, and they will take you to court to pay for his damage.

Mikey: Depends on the scenario, if you are unhappy with their judgement you can use your provider.

[LaggyGN]

Thanks for all the advice guys. This sure is an eye opener into the world of insurance. I suppose it's the downside to being such an bloody good rider and not having an incident for 5 years

If this was going to be the case, I would have started with the disputes tribunal right from the start. By the sounds of it it's impossible to get any money from a 3rd party insurer where their party denies. Looks like I was bashing my head against a brick wall. I launched a police complaint, and due to a grazed elbow they're going to investigate it, fortunately. Sounds like by the end of it, not only will he pay up but also get charged for dangerous driving causing injury. That's if my 3 witnesses and I, plus photos are enough evidence versus his nothing. All for the sake of a $200 excess..

[Tazz]

Good luck with it all man. Sounds like you're pretty prepared. Karma will get the fawker in the future as well no doubt.

[varminter]

If you're laying in bed and get hit by a truck, then the driver swears on a stack of bibles that it's his fault, you can bet your arse the cunt will rescind it next day. Never, never trust anyone to own up.

[R650R]

If you're laying in bed and get hit by a truck, then the driver swears on a stack of bibles that it's his fault, you can bet your arse the cunt will rescind it next day. Never, never trust anyone to own up.

Yes especially anyone in industries where they do high km's and know all the tricks of the trade.

Had a young lady go through a red light at the inside of two lane right hander trying to overtake my b-train before the entrance to her workplace. Not only did she come from behind and hit my second to last axle and toolbox but she also failed to stop at scene.
Had to chase her into her workplace, where she played the innocent bimbo card.
Anyway come into work next shift to find she's concocted a completely different story for her insurance and cops. From there about 3 months of BS and arguing ensued.
Finally it ended when the cop dealing with the case had a meltdown on the phone after I refused to give another statement. Told the cop that my story was truth and there's only one version, doesn't need to be updated like the other drivers.
Anyway the other driver worked for rental car place and new every dirty trick to obfuscate the process.
Yep get your witness statements and deal to it.

[russd7]

I'm definitely going to give them everything I've got. Hopefully for such a small claim it shouldn't be a massive amount of work, especially with witnesses etc, to convince them to pay out. I actually had insurance until the beginning of this year. Having paid out (over the course of years) more than the value of my bike brand new in insurance premiums, I decided it didn't really seem that economical. I didn't realise they could be handy when dealing with other people's insurance companies. When I get my new bike, I'll certainly get a cheap 3rd party contract so at least I can use their legal team.

I'm definitely going to get the witnesses a bottle each when it's all over. Furthermore, I know what to do when I see an accident and someone is at fault. One of my witnesses was a car in front, and could easily have kept driving, but they stopped straight away and approached me with their number. Wrote some awesome statements for AA too. Thank god for people like that.

third party insurance wont help for damage to your bike, only damage to the other persons vehicle so there for your insurance co wont help in a claim for your damage.
you will need to take the person involved to court not their insurance co, this comes from experience from an accident our daughter had and we were paying her insurance. bear in mind that if you do go to court the adjudicator could say you are partially at blame and only rule in your favour for a percentage as was the case with us where we (our insuarnce co) had to pay 60% basically because the other driver had more facts than we did. the more facts you have the better, photos speak a thousand words, cell phones are great for this.

[Vinz0r]

third party insurance wont help for damage to your bike, only damage to the other persons vehicle so there for your insurance co wont help in a claim for your damage.
you will need to take the person involved to court not their insurance co, this comes from experience from an accident our daughter had and we were paying her insurance. bear in mind that if you do go to court the adjudicator could say you are partially at blame and only rule in your favour for a percentage as was the case with us where we (our insuarnce co) had to pay 60% basically because the other driver had more facts than we did. the more facts you have the better, photos speak a thousand words, cell phones are great for this.

Lagwagon555 doesn't have insurance. The other party has insurance. Other party is at fault and but will not admit liability so Lagwagon555 is going to take him to court unless he admits fault so that the other party's insurance company can pay for Lagwagon555's bike damage.

[russd7]

Lagwagon555 doesn't have insurance. The other party has insurance. Other party is at fault and but will not admit liability so Lagwagon555 is going to take him to court unless he admits fault so that the other party's insurance company can pay for Lagwagon555's bike damage.

OP is dealing with the other partys insurance and talking about taking the insurance co to court, he will have to take the other party to court not the insurance co. was also talking about only getting third party on his new bike, was just saying that in this situ third party wont help at all unless the other party is claiming against him which it appears they are not.

[Vinz0r]

OP is dealing with the other partys insurance and talking about taking the insurance co to court, he will have to take the other party to court not the insurance co. was also talking about only getting third party on his new bike, was just saying that in this situ third party wont help at all unless the other party is claiming against him which it appears they are not.

Ah ok, I read that as you assuming that Lagwagon was the one with third party.

As you were

[LaggyGN]

Ah ok, that's interesting. So even third party wouldn't help much in a case like this? Insurance just seems impossible to get anything resolved without tribunals/courts.

The fact that there's now a police investigation might help, since if he's found at fault I'm sure his insurance company will pay out. But the police might hinder, if he's going to be found guilty for some charge then the burden of proof will probably be a very high. I've got three witnesses who are very respectable citizens, so hopefully that will count for something, but who knows if that will be enough.