Ok so I had an accident over the weekend

[GrayWolf]

Glad you are ok and no serious injury........as they say...... lesson learned.

[SMOKEU]

Just to clarify, this doesnt mean you can run around with no wof and expect insurance to pay out. If your wof has expired recently, and your vehicle is still roadworthy, then typically insurance wont be an issue.

However if it can be shown that the accident could have been avoided had the vehicle been roadworthy (for instance it had bald tyres, so skidded when good tyres wouldnt have caused the accident), then potentially your claim can be declined.

Even if the WOF is 30 minutes old, then you can still be declined an insurance payout if the vehicle does not meet WOF requirements as described in the VIRM. Plenty of people illegally modify their vehicle shortly after a WOF, such as lowering a vehicle, putting on a noisy exhaust, or putting on bald tires.

[caspernz]

Shame to hear about the incident, but at least you and the wife didn't get badly mangled. Hope you both recover quickly and get back on two wheels again.

BTW - We've all had incidents like the one you bravely described, sometimes we get away scottfree and other times it hurts. It's all part of becoming a more experienced rider.

[sleemanj]

Even if the WOF is 30 minutes old, then you can still be declined an insurance payout if the vehicle does not meet WOF requirements as described in the VIRM.

Only in so far as the non compliant item can be shown to be relevant to the reason for the claim.

"Your exhaust is too loud to get a WoF therefore we won't pay out on your accident" isn't legal because a loud exhaust just isn't going to be in any way relevant.

"Your tyres were bald causing you to lose traction and run into another vehicle, so we won't pay out" is legal.

[YellowDog]

I think we're missing the point here:

My experience on the roads tells me that a large percentage of drivers use their indicators as a signal as to what they are actually in the process of doing, rather than as an indicator to be applied at least 3 seconds prior to the manoeuvre.

I'd go to court and question the driver as to the driving standards they follow and the Police officer over his own experiences.

And the moral of the story is: Always get a witness (if you can).

Glad you are OK.

[awayatc]

And the moral of the story is: Always get a witness (if you can).

.

Never to late............

for a witness to come forward.....

[baffa]

Only in so far as the non compliant item can be shown to be relevant to the reason for the claim.

"Your exhaust is too loud to get a WoF therefore we won't pay out on your accident" isn't legal because a loud exhaust just isn't going to be in any way relevant.

"Your tyres were bald causing you to lose traction and run into another vehicle, so we won't pay out" is legal.

Not always. Claims can be declined due to nondisclosure. If the vehicle has mods that the client didnt tell his insurer about, they may decide to decline the claim, and/or cancel their insurance.

[sinfull]

Glad you and ya Mrs are ok


Fool !

[DODO``]

Yeah the most important thing is that you are OK, although your bike and gears would need to be replaced (or parts at least).
just out of curiosity,, would insurance replace your gears too??

[G4L4XY]

Yes I have gear replacement cover in my policy up to $1000.
My boots are a lil scratched but are ok, helmet is screwed as is the jacket and pants and the gloves have gone missing

I'm not sure if they will replace anything the mrs needs replacing, im sure it's just the helmet actually, all her gears are fine!

My WOF is current and nothing aftermarket has been added to fail a WOF, it's just the rego that was out by 3 days

[ac3_snow]

What he said. Lack of current vehicle licence ("rego") or WoF is not reason enough to deny cover, under the law (Insurance Law Reform Act 1977), your insurers won't even mention it for a rego, for a WoF they might have tried it on hoping you'd be a push over.

I read through the act...http://www.legislation.govt.nz/act/p...est/whole.html

I can only see one section (11) that could potentially be applied to a wof/reg situation.

Certain exclusions forbidden
Where—
(a)by the provisions of a contract of insurance the circumstances in which the insurer is bound to indemnify the insured against loss are so defined as to exclude or limit the liability of the insurer to indemnify the insured on the happening of certain events or on the existence of certain circumstances; and
(b)in the view of the court or arbitrator determining the claim of the insured the liability of the insurer has been so defined because the happening of such events or the existence of such circumstances was in the view of the insurer likely to increase the risk of such loss occurring,—
the insured shall not be disentitled to be indemnified by the insurer by reason only of such provisions of the contract of insurance if the insured proves on the balance of probability that the loss in respect of which the insured seeks to be indemnified was not caused or contributed to by the happening of such events or the existence of such circumstances.
12

curious as to other peoples experiences or interpretations..

[DODO``]

...and the gloves have gone missing

How??

and your hands ok?

[G4L4XY]

Think the ambulance stole them lol, I had them on before the crash. I took them off but dont remember what happened to them after that.
I was left at the scene after everyone left waiting for a ride to come with a trailor and I didn't see them laying around.
I've contacted the hospital and they're on the hunt for them.

[DODO``]

O I c I c.. I thought it flew off as you were hit! Sort of like a un fastened helmet in crash

[brumax]

wot pisses me off is, they dont charge the car driver, arsehole over here ran into the back o ma bike , i was just about stopped as traffic in front was all slowin down, when i was getting checked out in hospital, cop came and said ill just put it down as an accident coz of conditions, it was raining, FFS its scotland we are used to drivin in the rain, dont think they want the paperwork,

as i was talkin to the ambulance guys, i said i woz fn angry, one o the guys said, Yeh, but your alive and angry.
that kinda put it straight, bikes and us can be mended, your only dead once,