Insurance payouts?

[LaggyGN]

Yep, although to be honest I'd be happy getting a badly scratched up bike with scuffed up chrome if it only cost $700 to repair, I wouldn't want any more. I don't mind if my mirrors are chipped, as long as they can pass a WOF.

I don't know why the guy is contesting it. I've let him know how many witnesses I have who are all really supportive of my side of the argument. If it goes to the tribunal, instead of him paying a $200 excess he'll be paying a $1500 replacement bill. I don't think this is going to end well for anyone.

[Gremlin]

Yep, although to be honest I'd be happy getting a badly scratched up bike with scuffed up chrome if it only cost $700 to repair, I wouldn't want any more. I don't mind if my mirrors are chipped, as long as they can pass a WOF.

This doesn't happen with any insurance involved. The item is repaired to previous condition, or, if uneconomic to repair, it's written off. You do have the choice at that point to ask to buy back the write off, and you can repair yourself. Insurance jobs will often use OEM parts etc.

So, at this point, the bike is already at a dealer, assessed and the values are known (the company does seem to be moving pretty quickly I would say). You can now tell them, repair or replace with suitable, or value thereof. If they want to play games, tell them you're going back to the other party and dealing with them. You can also inform him you're not getting a satisfactory response from his insurance so you're dealing with him directly.

He has x number of days to resolve (7 should suffice) or you're taking him disputes tribunal and he will bear the cost thereof. Application fees are cheap, $50 or so. Value up to $14-15k, so plenty for you. No lawyers are involved, you represent yourselves (a cheap resolution service).

[LaggyGN]

So looks like repairs are out of the question. I've been asking around Suzuki dealers, and I have it in writing from 3 of them that the value is $1400 or $1500. I'll be completely satisfied if I get that. Looks like it's going to have to be a fight to get it though...

I'll wait for that call from AA, then if they say no I'll start the disputes tribunal process right away. He's already made it abundantly clear he's going to contest it. I now have three witnesses (the passenger of the one of my 2 witnesses has joined in), and they even say they'll show up to the tribunal for me. Absolutely awesome people. I just hope it doesn't need to go to that level.

[Gremlin]

Remember the good saying, the squeaky wheel gets the oil. Big companies will often chance their arm, hoping someone is naive enough to be an easy pushover. As soon as you prove it's not going to be the case, things get a little more real. However, understand that from the company's end, their customer (not you) is saying he's not at fault, so they wouldn't pay out for a customer that isn't at fault. Partly why having insurance is handy so you can let the companies play their game (to a degree).

Get a position from the company, what's holding them up and how will they move, or won't move. Appreciate that for you it's obviously a big event, but for them it's just another daily occurence. It's a game and there's a process to follow, so simply treat it as a good learning experience of how it works. You're very lucky to have excellent witnesses, so it will work out, but may take a little time (don't forget to thank them).

Also, remember to document all contact. Facts and figures will be required for Disputes and makes your case strong. Is there a police report? This would help on the insurance side (and they usually want it for a claim).

[LaggyGN]

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.

[Gremlin]

I may as well put it here, for reference.

Don't fully depend on the insurance company either. My boss had a situation, almost brand new car, working in the city one evening. Idiot jumps on his bonnet (he thought it would be funny) denting it. Initially tried to weasel out of it, but finally came up with insurance details, boss got all his details, forwarded to insurance etc. From his side, boss had completed everything required from his end. We found out several months later it was still on his record as unresolved, as the insurance company hadn't got all the money from the other party.

So as I said, let them deal with things (if you have insurance etc) as they're used to it, but also keep an eye on it.

[nzmikey]

Ask Drunkenmistake .... he knows how to get pay outs

[Old Steve]

Was this accident reported to the Police, if not report it now (I don't know how many days you have after the accident).

The insurance company is acting on behalf of their customer, I think it's called abrogation, they take over the driver's rights. But that doesn't stop you claiming directly with the other driver, he then would probably pass that claim on to the insurance company. So send him a bill for the replacement value, attach the valuations and include reference to you having three statements from witnesses, and copy the insurance company. State in your letter to him that you are having problems dealing with his insurance company so are prepared to take him to the small claims court where, with 3 witnesses prepared to appear or make statements, you are convinced you will be successful.

I'd also ask the insurance company to confirm all matters in writing in future as you have found their phone agreements to be worthless. That might not help you, they could delay writing letters, but it'd make it clear what you think of them.

Best of luck.

[baffa]

You're probably not gonna read this, but if you dont want to get fucked over by other insurers, GET INSURED.

If you're in this situation, and someone hits you, their insurer will liase with yours, and have to pay you out on the terms you agreed upon with your insurer (basically you claim with your company, and they claim off the other persons company).

Dont really have any sympathy for people who complain about what insurance pays out for their bikes/cars if they dont have insurance of their own.

[baffa]

I may as well put it here, for reference.

Don't fully depend on the insurance company either. My boss had a situation, almost brand new car, working in the city one evening. Idiot jumps on his bonnet (he thought it would be funny) denting it. Initially tried to weasel out of it, but finally came up with insurance details, boss got all his details, forwarded to insurance etc. From his side, boss had completed everything required from his end. We found out several months later it was still on his record as unresolved, as the insurance company hadn't got all the money from the other party.

So as I said, let them deal with things (if you have insurance etc) as they're used to it, but also keep an eye on it.

Of course, once the insurer receives compensation, they will reinstate your bosses ncb and excess.
But the dumbass jumping on the bonnet is probably paying $20 per week, so it could take some time.

If he had somehow accidentally damaged the car, beleive it or not he could claim under the liability portion of his contents insurance to cover the damage.

[LaggyGN]

You're probably not gonna read this, but if you dont want to get fucked over by other insurers, GET INSURED.

If you're in this situation, and someone hits you, their insurer will liase with yours, and have to pay you out on the terms you agreed upon with your insurer (basically you claim with your company, and they claim off the other persons company).

Dont really have any sympathy for people who complain about what insurance pays out for their bikes/cars if they dont have insurance of their own.

Yep lesson learned. I was insured for many years, as explained, and cancelled in March this year. I never had an incident and didn't know the advantages of having an insurance company act for when you as a legal team, I only looked at the financial side of it. Even after this crash I'd still be financially better of if I never had insurance. With hindsight, that's not a good enough reason not to get it.

[nzmikey]

You're probably not gonna read this, but if you dont want to get fucked over by other insurers, GET INSURED.

If you're in this situation, and someone hits you, their insurer will liase with yours, and have to pay you out on the terms you agreed upon with your insurer (basically you claim with your company, and they claim off the other persons company).

Dont really have any sympathy for people who complain about what insurance pays out for their bikes/cars if they dont have insurance of their own.

I call bullshit on that
My missus was T boned 2 months ago and our insurance company did not give a shit and told us to contact the other party's insurance which I did .... I took it to a pb to get photos done then the other person's insurance company called me ans told me that an assessor would come over and give me a value as the repairs we going to be in excess of 75% of the market value ( car was valued at 4200 ) a week later we got paid out to our account . Phone our insurance and ended our policy got a refund for the rest of the term ( till the end of the year ) . 4 weeks and 6000 later we have a new car .


Either way good luck and have fun . Outa was a cut and dry case with no one trying to pass the blame .

[LaggyGN]

His insurance company just rang back, and said the following:

"Sorry but our customer still isn't accepting responsibility, so we have to act on our customers behalf. Therefore we can't pay your claim. Sorry".

Great.

[nzmikey]

His insurance company just rang back, and said the following:

"Sorry but our customer still isn't accepting responsibility, so we have to act on our customers behalf. Therefore we can't pay your claim. Sorry".

Great.

So call your insurance company ... or inquire about small claims

[LaggyGN]

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.'