Noobie Seeks legal type advice

[Lias]

Hi folks.

I've lurked here a few times but only just gotten aroudn to register. Looking for a bit of advice cos I'm a needy bastard like that.

A few weeks before xmas (Dec 16th) I wrote off my lovely new 2004 GN250. Was coming down a straight road, slowing forn for a round-about and some clown pulls out of a shop carpark because he didnt see me. I swerved and missed slamming into him, but still put my bike down and admired the view of the world spinning by as a I kept rolling after the bike dropped. Was only doing 45-50ish thankfully or it could have been worse than a written off bike and 3 fractures in my hand.

Anyways the bloke in the car stopped, checked I was OK, gave me his details, apologised, admitted it was his fault & promised to pay for all the damages. A few people stopped, but left after making sure I was OK.. I was starting to go into shock cos of the shattered hand, and didnt think to get any details off them for witnesses. The bloke in the car gave me his details thou.

It only happened half a km or so from home, so I decided to ride home (that hurt like crap with a broken hand I tell ya) and goto hospital from there. Went to hospital got sorted out, when I got home I rang the cops and the insurance company that night to sort things out with them. I said to both of them I thought I might have just clipped it as I swerved (All the damage to my bike was on the right hand side where it hit the road, apart from a sodding great dent in the left of the gasttank).

Left it with them, didnt hear anything until teh 10th of Jan, got a letter from the insurance company accepting the claim. Next day the cops come around to finally talk to me about it (nearly a bloody month later!), cop says hes looked at the car, theres no damage to it so he doesnt think I hit it. The cop says the guy now says it wasnt his fault at all, and basically says because I said I'd hit him and there wasnt any sign of damage he had to believe the other guy. I'd been told before that in the eyes of the law anyone on a motorbike is automatically at fault, and now I believe it. Anyways a few days later I get another letter from the insurance company, saying on information they've received from the cops the accident didnt involve any other vehicles, and thus my premium goes up , and they wont be seeking any money from the other driver.

I'm starting to feel pretty screwed, but so far I've put ads in the paper (Waikato Times & Hamilton Press) asking for witnesses, stuck some leaflets into the nearby houses, and this morning I stuck a big sign up at the spot of the crash as well. What I'm looking for is advice on three things really.

Can you think of anything else I can do to either find a witness or convince the cops I was in the right?
Does anyone have any experience with the Disputres Tribunual as I'm thinking of trying to get the money out of him that way?
Also whats a good bike insurance company? I'm decidely un-impressed with the Protecta insurance I got with my bike. A $1000 excess on a $3000 bike is not the go.

Feels like I've written half a novell, but if you got this far thanks for reading and I look forward to hearing from you.

Thanks,
Andy

[bugjuice]

might be a long shot here, but does/did the carpark he pulled out of have any security cameras pointing in the direction, or anywhere else that might have cams?

In cases like this, unless a witness fronts up, it's going to be your word against his, and since bikers don't have the best rep at the best of times, at least Protecta are mostly bikers themselves, fingers crossed they'll be on your side with this, but don't forget they have a book to go by and a business to run. Sucks, I know..

Have you got pics of the scene? If you can prove that the reason you came off is because he pulled out on you, else you wouldn't have come off, that'd possibly be a good start. No other reason for you to come off otherwise..
Obviously, going by your story (not saying anything is wrong with it ), he is at fault, and his insurance should pay damages, it's just convincing all the important people that this is the case. Keep pushing it and don't take any crap from them, altho easier said than done..

kudos on riding with a broken hand.. don't know if that'd be the best thing to do, but well done for doing it. Must have hurt like hell.. Can't you claim anything for that? I guess that would depend on him admitting to being the cause.

Good luck with it, and keep us posted at least.. sorry for your loss dude..

[Blakamin]

Cage driving scum
farkin arseholes.....
I cant think of anything else you haven't done but I'm sure someone here with a legal mind will give you some ideas...

[aff-man]

Well if it's your word against his you are pretty much screwed and beacuse of the lateness of the police inspetion he could have got any damage incuured fixed .... hence it looking like you did not hit him.






If all else fails you have his details and there are some friendly people on here with ..... "interesting" ideas aye

[Paul in NZ]

I'm afraid this is typical insurance company shite! They want a nice tidy closure and I'm afraid their rules are based on legalities, not fairness!

I have no idea how old you are etc but if you are at all young and nervous they will try it on. Especially if they think there is no show of getting the money from the other party (which is what this is all about).

I would write to them and ask how saving your own life makes this your fault?

As for the other party, sorry, his insurance company has got to him and once money is involved you can forget fairness.

My advice. Get a lawyer, fast! If you can't afford one ring the local Community Law Centre etc.

Paul N

[aff-man]

I'm afraid this is typical insurance company shite! They want a nice tidy closure and I'm afraid their rules are based on legalities, not fairness!

I have no idea how old you are etc but if you are at all young and nervous they will try it on. Especially if they think there is no show of getting the money from the other party (which is what this is all about).

I would write to them and ask how saving your own life makes this your fault?

As for the other party, sorry, his insurance company has got to him and once money is involved you can forget fairness.

My advice. Get a lawyer, fast! If you can't afford one ring the local Community Law Centre etc.

Paul N

Yip if you back down they will eat you alive.... community lawyers are really helpfull. Play hardball.. only way to do it

[SuperDave]

Hey man and welcome to the site.

I have yet to have a bike accident involving another car yet I did have one in the car about 3 months ago. This women just reversed into me in a carpark and to cut a long story short, despite the fact that I was not moving at the time, the insurance companies gave me shit because she would not accept full liability.

I was just about to give up on my insurance company and go directly to the other driver and try and appeal to their conscience, but I gave my insurance company one more try. So I phoned them up and spoke to them very politely and directly, outlining how unhappy I was with them, and how unfair it was that I have to deal and pay my excess because some other fuck does something wrong. Also supporting my arguement with specific details on where the damage had occured, stating I had photographs to support this.

Well, they decided to waiver my excess and the other party had to claim to cover it. Serves them right. Maybe try just phoning your insurance company again and again, until they give in. It worked for me so maybe it's sure worth a try.

Good luck with it

[Oscar]

I'm afraid this is typical insurance company shite! They want a nice tidy closure and I'm afraid their rules are based on legalities, not fairness!

Why is it shite?
The law is the law, what else are they gonna do?
How would you like it if you had Insurers running around after you because they thought you'd caused an accident. Let's face it, every time insurers pay out un-necessarily , premiums go up and you'd be bleating about that too...

It's a tough world.
Maybe if our friend here had of taken a riding course, maybe if he hadn't of waited so long before going to the cops...maybe.
As it is, (and this is my professional opinion), he is well-fucked without any proof. He should probably take it to small claims, as these things can have surprising outcomes once the referee eyeballs those involved. Maybe our car driver won't be prepared to tell fibs in person...

[Hitcher]

As well as a good lawyer you need better evidence. A witness would be great, video footage even better.

Good luck!

[Frankie]

err... They took a month to go look at the other persons car?

I dont think that there would of been much damage done to the car so Im thinking that it could of been fixed easily in 2 days or there abouts... a month come on

[Lias]

maybe if he hadn't of waited so long before going to the cops...

I rang the cops the night of the accident, and made a written report at the station within a few days.. But they didnt actually DO anything until over a month later.

[Fryin Finn]

Lesson here to be learned. In event of accident where you know you are in the right, lie on the road until the cops come. If you are wrong get up quick and piss off.

[Paul in NZ]

Why is it shite?
The law is the law, what else are they gonna do?
How would you like it if you had Insurers running around after you because they thought you'd caused an accident. Let's face it, every time insurers pay out un-necessarily , premiums go up and you'd be bleating about that too...

It's a tough world.
Maybe if our friend here had of taken a riding course, maybe if he hadn't of waited so long before going to the cops...maybe.
As it is, (and this is my professional opinion), he is well-fucked without any proof. He should probably take it to small claims, as these things can have surprising outcomes once the referee eyeballs those involved. Maybe our car driver won't be prepared to tell fibs in person...

Pissed off with the un helpful tone of your purile reply I typed a long, reasoned response!

Then I researched your previous posts and realising you are probably in the insurance industry and had not actually read or understood what this person originally posted.

I deleted what I had written. Just accept that most of us have extremely unpleasant contact with our insurance companies and it's getting worse. Even in non fault circumstances you often get treated like shit!

Paul N

[Blakamin]

Just accept that most of us have extremely unpleasant contact with our insurance companies and it's getting worse. Even in non fault circumstances you often get treated like shit!

Paul N

Like the arseholes that, justy today, told me I have to pay $100 excess on my claim for $300 glasses... and then will give me $200.... fuckin idiots... "depreciation" they say... I said "they are prescription glasses, they dont even have a resale value!!!, so how can they depreciate????"
FUCK ***!!!!!

[Oscar]

Pissed off with the un helpful tone of your purile reply I typed a long, reasoned response!

Then I researched your previous posts and realising you are probably in the insurance industry and had not actually read or understood what this person originally posted.

I deleted what I had written. Just accept that most of us have extremely unpleasant contact with our insurance companies and it's getting worse. Even in non fault circumstances you often get treated like shit!

Paul N

My purile reply?
I think you set the tone.
I had read what the chap wrote, but I was responding to your drivel about the insurers response being based on legalities, not fairness. How is that helpful? Your insurance contract is a legal document...how else do you propse they deal with claims?

Yes, you are right, I am in the insurance industry. I mainly deal with corporate types on a day to day basis so don't have much to do with motorcycle claims. What I have done (as you may have noticed in your research), both here and in Kiwi Rider, is attempted to assist with subjects like insurance and finance for the average rider where possible.

So, no - I don't accept your assertion about all insurers are unpleasant and treat you like shit. Judging by your initial post, I'll bet you're only getting a reflection of your own attitude...perhaps it's karma.