What will happen to my bike after a smash ....

[Kwakka Kilt]

I had a smash on my 1996 ZX7R in the city today, a car did a U turn over double whites, and I smashed trying to avoid him.

Anyway, the guy driving the car was from Queensland, driving a rental car.

He accepted full responsibility / liability, and gave me his details.

I didn't touch the car, as I had already lowsided and slid down the road behind him as he was still going down the road.

How does it work in doing the claim then ??

The rental company won't give a shit because their car is untouched.

The guy said something about the claim will just be processed on his licence, and he then said he is with QBE - But I don't think he meant the rental car insurance company.

The bike has a dented tank, small dent in the frame, snapped rearset and plastics scratched, down the left hand side.

The side panels weren't on the bike, as I was repairing and servicing the bike the night before.

What do you all reckon, the (small) frame dent means a write off ??

I can get a 1999 model Black framed ZX7R chassis with clear title and rego papers for $300, might be a good thing to buy my bike off the insurance company, and put all the parts onto the new frame ??

If they decide the bike is a repairable job, do I have a choice, or do they just go ahead and fix, then give it back ??

Has anyone got experience on this to give a sore bloke some advice ??

Oh, PS: A copper was walking past and saw the smash - After the driver and others helped get the bike off the road, he asked if I was hurt, any damage to other people or property (Answered NO to these questions), then told me that there was no need for a Police report.... Off he went.

I also went to the local police station to advise them of the accident, they didn't even bring out the paperwork, he just advised me that the cop on the scene was right, and that if they investigated every accident report, they would have no time for anything else .....

[philbo]

sorry to hear mate. not sure on your situation as to where you stand. im guessing somehow cos you didnt hit they could say you did it yourself. its a bit of a doozy to me. but all the best hope it works out

[Smitty]

you need a police report
coz you are going to put in a claim thru yr insurer to cover the damage

JUST IN CASE the cage driver pulls a swifty (as once happened to me when a cage did a UTurn next to a no UTurn sign)
and later sez.... naah not me (hand over heart ) not guilty ya honour

You alos want the new jeans/leathers/gloves to replace the scuffed up ones
which happened while you were sliding down the road

Also you are right..the car rental co wont give a shit
your only comeback is on the driver

just be careful...ok

[laidback]

Don't trust the driver in the wrong. If your in the right ALWAYS report to police. Got his licence details?
A licence does not carry insurance. Rental company probably have $2k-3k excess.
Got any witnesses names etc - without these it's just your word against his and if he changes his mind then your screwed.
Get onto claiming quickly.
BTW some insurance companies say that you are not to admit fault.
Good luck

[robracer]

+ When assessed the dent in frame will cause the bike to be a write off as it cant be repaired, unless you are prepared to live with it.

[smithy5]

I assume you are in NSW........ You need to call 131444 Police assistance line and make a report you will be given an Event Number E..........

Then you go to your insurance company and fill in a claim...... (even if you only got third party insurance). If you don't have insurance you want to pray the rental cage driver is a good bloke and rich, cause even good blokes lie when faced with a bill for your repairs....... I hope you got the name of the Police witness or another witness to continue the fight........... otherwise his word against yours................Good luck

[Dizzi]

Yeah what Smithy5 said you have to get that cop report and the coper should be ok to say he witnessed a guy turning in front of you which caused the acco, the other thing is, you should have said yes to damage, try the when you glanced at your bike after the acco you didn't see the extent of damage but in actual fact it has very serious damage, with bikes any form of ding done by caged drivers imagine it as a huge dent in a major panel on a car and how much it cost to get that crap fixed on a car, your bike although smaller is exactly the same and even more vulnerable, if you are still stuck I know some good lawyers, don't let the barstard get away with this.

But mate thank goodness your ok and you walked away, that is the most important part.

[Strika]

Be careful how you word the claim and I'd be editing your original post as it appears to be "evidence". As you low sided the bike prior to impacting the car, you may well be considered in the wrong. I know it sounds silly, but you would have been better off hitting the car. As I said, be careful how you word it and ask for this thread to be erased as soon as you can!!

[Dizzi]

You'd have a bit of a hard time getting this thread through as evidence as it has no bearing on anyone who wintessed the accident let alone interpretation and they would have to get permission from the managers of the forum, you can't just go putting anything forward as evidence.

[smithy5]

You'd have a bit of a hard time getting this thread through as evidence as it has no bearing on anyone who wintessed the accident let alone interpretation and they would have to get permission from the managers of the forum, you can't just go putting anything forward as evidence.

Insurance companies don't follow the law until you get to court. They would use this thread as a reason to deny the claim and then you have to take them to court for denying the claim. A shit fight you would'nt want to get involved in. best not to let the insurer see it and as strika said, choose your claim wording carefully.......

[Dizzi]

Guess I have only dealt with the court side of things with where I work and it gets stopped there, but yeah rather than adding salt to a wound probably better to delete thread all together and message people privately if you want any advice.

[Kwakka Kilt]

Holy Crap !!

OK well cheers for the advice everyone, and Smithy cheers for the number, I am calling today.

I have a copy of this thread, so feel free to delte away if need be, jeez you got me paranoid .....

[Stereo]

"the car obstructed your path illegaly and caused you to lowside to avoid a fatal accident"

[kt750]

sorry to hear about your incident. Glad that you're alright .

[Ultramarine]

Just because you didn't hit the bike doesn't mean its not the other drivers fault. If you took action to avoid a certain collision, and in doing so caused a collision of your own its still the other drivers fault. Even if his insurance doesnt cover it you can still instigate your own civil action and sue him for the damages.

A police report is still necessary however the officer walking past didn't have to make it becuase it does not fit the criteria for a 'major accident'. Minor accidents are reported to the Police assistance line and are not investigated. If you havn't already you need to give them a ring as suggested by Smithy.

Take it from someone who deals with this every day