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Thread: Insurance - admitting fault

  1. #1
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    2nd October 2017 - 16:41
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    Insurance - admitting fault

    I recently got rear-ended. The third party was apologetic and admitted fault to me in person; we exchanged details etc, then when my insurance company gave him a call he said he never admitted fault and that I fell on my own.

    I know you can't get a police report for a non-injury accident, and a phone call to the police where you get the third-party to admit fault on the phone can't be used in court.

    So how do you avoid this? Currently, my insurance company is battling with his/him because he won't admit fault.

  2. #2
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    6th May 2012 - 10:41
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    wtf are you talking about?

    failing to stop short is a legislated offence. get the police to charge the cunt. then point the jewsurance company to that.

  3. #3
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    Always take photos of the accident scene without moving, if possible. But always take photos of damage to both vehicles. It saves a lot of headache later on. Get details of any witness around.

  4. #4
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    If the other party does not fully cooperate with you re supplying details etc, just call the cops. Seems a bit extreme but makes things so much easier later on.
    Only a Rat can win a Rat Race!

  5. #5
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    Quote Originally Posted by Laava View Post
    If the other party does not fully cooperate with you re supplying details etc, just call the cops. Seems a bit extreme but makes things so much easier later on.

    They wouldn't dispatch anyone because "there were no injuries to any persons."

  6. #6
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    4th May 2017 - 10:23
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    Don't see what the problem is. Insurance company pays you, after that it's their decision as to whether they pursue the other party to recover their loss.

    Claim, get it fixed, ride on.

  7. #7
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    Quote Originally Posted by Ginge09 View Post
    Don't see what the problem is. Insurance company pays you, after that it's their decision as to whether they pursue the other party to recover their loss.

    Claim, get it fixed, ride on.
    Problem : excess, no claims bonus, higher premium.

    Biker Rule 35b. If you get collected by someone and it's definitely not your fault ( that bit is important) , ALWAYS "be injured". One benefit from the motorcycle= death trap mentality of the public is that if you say you think you're injured, it will always be believed. You feel unsteady, right?. Might have knocked your head, eh. And an accident doing any appreciable damage to the bike, likely you'll have at least a few bruises or grazes. So, don't be the tough guy. Call it in, car versus motorcycle, rider injured. They'll send an ambo, who will check you out on the scene, tell you you are fine ( if they don't then it's just as well you called, eh) . Costs you nothing (ACC) , but now it's down on the records. And as an injury accident, the cops must investigate. But, obviously, don't do this if you are at all to blame
    Quote Originally Posted by skidmark
    This world has lost it's drive, everybody just wants to fit in the be the norm as it were.
    Quote Originally Posted by Phil Vincent
    The manufacturers go to a lot of trouble to find out what the average rider prefers, because the maker who guesses closest to the average preference gets the largest sales. But the average rider is mainly interested in silly (as opposed to useful) “goodies” to try to kid the public that he is riding a racer

  8. #8
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    Quote Originally Posted by Ginge09 View Post
    Don't see what the problem is. Insurance company pays you, after that it's their decision as to whether they pursue the other party to recover their loss.

    Claim, get it fixed, ride on.
    Problem is that if they can't blame the other party, o.p. will be deemed to have been at fault and will have premium and excess increased. Would also have to pay the excess on this claim rather than the at fault party's insurance company.
    Grow older but never grow up

  9. #9
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    Quote Originally Posted by Ixion View Post
    Problem : excess, no claims bonus, higher premium.
    Ixion! Now there's a name I haven't seen for a long time. Glad you're still around man.
    Grow older but never grow up

  10. #10
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    4th May 2017 - 10:23
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    Excess doesn't always change just because you claim. Nor do premiums necessarily. Depends on the insurer. No claims bonus might but you consider that when deciding if it's worth claiming.

    As long as you record on your claim form that the other party admitted fault you start the evidential background for the insurer to progress recovery.

    Of course the other party will change their story. If they admit fault they breach the terms of their own policy and potentially lose their insurance cover.

    Of course your insurer will refer back to you because the other party changed their mind. There's a discrepancy in your version vs the other party now. Some insurance boffin has to make a decision and recommend or decline a pay out and they won't do that until they have a good idea of who is telling porkies.

    Keep arguing. If no joy then use the Ombudsman.

    Anyway, it's a nose to tail. Fairly good chance the vehicle at the rear will be presumed at fault. Following too close, failure to stop within prescribed distance, driving with undue care etc etc.

  11. #11
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    Quote Originally Posted by kawa64 View Post
    They wouldn't dispatch anyone because "there were no injuries to any persons."
    Shoulda told the pigs your back was injured (at the time of the prang).

  12. #12
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    Quote Originally Posted by cassina View Post
    Surely the nature of damage to the rear end of the bike would not be consistant with a simple fall off I would have thought.
    Depends on the accident. I know of riders who have been hit from the rear while stopped at traffic lights - shunted forward, bike falls over, other than rear wheel alignment nothing to show it was a hit in the bum.

    You should know this the amount of times you have fallen off.....

  13. #13
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    2nd October 2017 - 16:41
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    I still had the original number plate/indicator lights fender, so there was no damage to the rear of the bike apart from a slightly bent corner of the license plate. There is a bunch of scratches/cracks on the side fairing, bent bar end, broken brake lever, front indicator light.

    As for pressing charges in order to get a police report, I gave him the benefit of the doubt because he was such a nice person initially. Turned out to be a cunt though

  14. #14
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    Quote Originally Posted by jasonu View Post
    Shoulda told the pigs your back was injured (at the time of the prang).
    Didn't need to be distracted by paramedics, he would've taken that time to run

  15. #15
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    Quote Originally Posted by kawa64 View Post
    I gave him the benefit of the doubt because he was such a nice person initially. Turned out to be a cunt though
    This always happens once people realise they are goi g to be raped by the others insurance company... I’ve been hit from behind three times and the worst occasion (legalwise) was this pretty twenty something in a miniskirt who kicked up a minihell tale of merry bullshit later in the day while I was sleeping (nightshift linehaul).
    Not only did she run a red light (it was a short phase that time of morning and my truck would only just get through halfway from standing start), panic brake and slide into 2nd last b-train axle as she tried to overtake me through the twin right turn lanes... And she had to pass me as her workplace that she fled the scene from with out stopping was 200m up rd on left.... Rental car co so she knew all the dirty tricks...
    Long story short it all ended when a police officer rang my cell several months later trying to get a new statement while I’m driving with load of hazardous goods out of Wellington. Lost my cool and told cop the truth doesn’t change so I’m not making another statement. Cop lost her temper too and said case closed and I got a letter from them to that effect too!
    Never ever trust the other party, it’s war out there...
    Failing to take corners and life seriously since 197X

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