Letter of Demand DIY or Pay Some Lawyer

[Paulie]

Hey all.

Quick question/dilemma. Finally heard back from police regarding my accident the other week re: taken out by semi. The cops said that they didnt find me at fault but also wouldnt say if they found the other guy at fault and were going to book him for it.


Now the dilemma. I need to send in a letter of demand i guess, now what do you guys think? Should I do the letter myself or pay a lawyer/solicitor type person to send it? I mean, would the insurance company be more likely to act faster if the letter was from a solicitor? or what?? what do u guys do?

I also dont understand why they cant tell me if they booked the driver?

[robracer]

Ask your insurance co ... if you have one & see what they would recommend

[MickLC]

Ask your insurance co ... if you have one & see what they would recommend

Nah mate, that's his problem...the insurance company won't pay up cos they reckon he's at fault but the cops said he wasn't.

All I can say is get some legal advice asap Paulie. You'll get plenty of comments her from people who think they know but at the end of the day only someone who knows can tell you what to do.

[robracer]

Yea what he said

[Paulie]

no no

I have third party insurance. NRMA they dont want anything to do with it because its not comprehensive.

The problem is that when i have spoken to the truck company before (few weeks ago) they said they aren't gonna do anything until the police report is done and IF their driver is at fault they will put it through insurance. Because the cop wont tell me if they found him at fault I dont know whether to send a letter of demand myself or get a solicitor to do it.

I spoke to a solicitor the other week and he charged me $330 just to speak to him for an hour and I cant really afford to be paying through the ass just to ask ppl questions. (he was one who advertises in bike mags aswell)

I guess i'm just asking ifyou guys would send the letter of demand yourself or if you,d get it done by a solicitor

I guesss i should ring the trucks insurer again tomorrow and tell them that i was found not at fault and see what they say in response

[mike-s]

Your SHITTING me, they wont lift a finger? how much is/was the bike worth pre writeoff? I have 3pp on my bike and had it on my old car (which i put a claim against.)

You can identify the driver who should be at fault (how the police are refusing to find him at fault i do NOT know), you can prove that you weren't at fault. I cannot see wtf else they would need to take action on your behalf. Speak to the NRMA again, stating that you wish to take out a claim on your bike based on the above criteria. I'd also be chasing the coppers for a copy of the police report "for yourself". so you know exactly what they're crapping on about.

[Paulie]

I asked the cop about getting a copy of the report and he said that you have to apply through police headquaters and answer a whole bunch of questions and pay like $50 or something for the report so that sounds like it would take another few weeks to come through. I just dont know why they cant tell me whether they found the other dude at fault or not.. seems weird

i'll call the trucks insurance and see what they say

[mike-s]

read the appropriate nrma product disclosure statement. They should list there in what event you can/cannot make a claim.

[matchan]

Hi Paulie,

Not sure who you spoke to but I would ring Mark Stenbergs (Lawstop) office asap. You should find his ads in AMCN & Rapid, he is a good guy to deal with and specialises in bike related stuff. I'd be surprised if he wouldn't give you some advice about what direction to take over the phone.

Good Luck

Matt

[mike-s]

and yes if you cannot tell im all for you chasing your insurance company until they give you a word for word specific reason WHY they will not cover you. Then i would check the PDS to see if its there, and even go make an enquiry with the insurance ombudsman to see if thats fair.

Yes you can make a claim through your unlucky buddies insurance co, but really the way it should work is YOU claim against your insurance co, then they chase the truckies insurance co for costs and they adjust their magic internal float levels between companies of who owes who what and the last you should ever hear of it is making your own claim.

However if you haven't got insurance, make sure the truckie has put in a claim (they'll sit on their hands as much as they can get away with otherwise) and get legal advice on if you should make a claim directly with his insurance co, or if you should just fling a letter of demand to him (which he will just send to the insurance company, thats what i did when i binned someone elses car using mine as a blunt instrument 6 years ago :$).

[mike-s]

agreed, Mark is good, he'll at least give you a general direction to go in free of charge.

[Adel]

would the insurance company be more likely to act faster if the letter was from a solicitor? or what?? what do u guys do?

I also dont understand why they cant tell me if they booked the driver?

Absolutely............ And dont get the sheriffs office to serve it for you you'll waste your money,

I had an accident with a cab that was at fault, I had just bought the car
and didn't have insurance at the time so couldnt get insurance to fight for
me so ended up writing letters and what have you and trying to get detail
of cab driver from police cause driver since moved from his premises but
police wouldnt give it to me, they call it invasion of privacy so went to a
solicitor then I got my $ 4000 worth of damage but spent $700 doin it, Solicitors they have lotsa powers, unfortunatly they cost

solicitors, police, sheriffs office, insurances and the law mate they keep each other alive, its a rought

Good luck and keep shoppin for solicitor with a good price I have details of one if you like just pm me

[MrStompy]

heres a link to stenberg incase you havnt found it already
http://www.lawstop.com.au/

[Smitty]

Hi Paulie,

Not sure who you spoke to but I would ring Mark Stenbergs (Lawstop) office asap. You should find his ads in AMCN & Rapid, he is a good guy to deal with and specialises in bike related stuff. I'd be surprised if he wouldn't give you some advice about what direction to take over the phone.

Good Luck

Matt

he is also in TW..and generally gets a good rap
when acting for us riders...

02 9477 1199
email -
mark@lawstop.com.au

hth

cheers
Smitty

[robracer]

NRMA have a leagal DEPT that I have used before.... with good results ... might be worth a try as they specialise in this sorta stuff... they should be on you side if you are a member