Kawasaki Sportsbike Riders Club - Australia - Online Forum

Hi guys.

This is something I see asked about a lot. You can mess with the formula as much as you like to suit your circumstances, but I just wrote this one for another forum member.

No guarantees it will work, but beats being raped by a solicitor for a very, very simple thing.

The 90% reference is up to you, I just find it's a good way to get it over and done with.... keep in mind you are quoting new prices your your jeans, etc when they were old and worn, you'll get a new helmet, new jacket, can quote a dealer price for your bike, etc... so 90% is still likely to be as much as you really lost, if not more.

Cheers

Shifty

Dear Sir/Madam

I refer to the Smith Street, Blacktown traffic incident on 1 January 2007 involving your Kenworth truck REG-123 and my Kawasaki BIG-69 motorcycle.

Due to the circumstances of the incident, and confirmed by the recent Queensland Police investigation, I hold your driver entirely responsible for the incident and resultant damages. Please find following a schedule of damages totalling $9,999.99.

attach second page, with value for your bike and list of items damaged - jeans, shoes, backpack, jacket, gloves, helmet, etc, also any other clearly related costs like a rental car for the first two weeks, etc.

As a gesture of goodwill and in the interests of prompt resolution I am prepared to settle for $8,888.88 being a sum equal to 90% of my losses, if agreed within 14 days of this notice.

Please note that after this time the matter will be referred to my solicitor, seeking full damages in addition to legal costs incurred.

Thank you for your assistance in resolving what is a straightforward matter.

Kind Regards

Pissed off and damn near squashed biker dude

Awesome Shifty.

Just hope I never need to actually use it.

I had the unfortunate experience to write something like this.

Wondering, though what if they would not cooperate. Hiring a lawyer would be expensive anyway isn't it ?

Sending the 'boys' around early one Sunday morning is more effective.

javaman wrote:I had the unfortunate experience to write something like this.

Wondering, though what if they would not cooperate. Hiring a lawyer would be expensive anyway isn't it ?

yea but its the satisfaction...plus if u win u can claim ur legal fee's i believe.....

heh, reckon an insrance agency will fall for that?

i doubt it, threatening to get 'your solicitor' involved + giving them a threatening 14 day ultimatum won't help your plight.

Every insurance case goes through that same process, reckon they'd had out $10K without first sending out a representative to check a) your bikes damage and b) your gears damage?

Plus because its not your own insurance company they'll only pay out market value for the bike not your own made up sum.

I hope you don't need to use that letter any time too soon. But if you so should, you'll find you'll be doubly dissapointed.

BikerBoy wrote:heh, reckon an insrance agency will fall for that?

Fall for what, exactly? Insurance is all about loss minimisation, if an insurer sees an opportunity to quickly finalise a claim where to-ing and fro-ing would be completely unnecessary, and where delaying would only induce further cost, what makes you think they would not be happy to agree to your offer?

i doubt it, threatening to get 'your solicitor' involved + giving them a threatening 14 day ultimatum won't help your plight.

This is not a Letter of Pretty Please With A Cherry On Top. It's a Letter of DEMAND. They deal with these things all day every day and they are always worded strongly, as that is their purpose.

Every insurance case goes through that same process, reckon they'd had out $10K without first sending out a representative to check a) your bikes damage and b) your gears damage?

I didn't say they would. If it is a clear cut case then this encourages the insurer to get the ball rolling - the standard process of an assessor, etc would still be involved as insurers are not in the habit of sending out cheques unfounded.

Plus because its not your own insurance company they'll only pay out market value for the bike not your own made up sum.

Number one you didn't use a "made up sum", you took half a dozen examples from the current Just Bikes / Trading Post / whatever that are in similar condition, and quoted that as the value. When the assessor comes out you will have this documentary evidence and it will be hard for them to argue, guide values or not. Number two, as you are not their insured but the third party to who they are legally liable (by way of their contract with their insured, assuming their liability for damage caused), you are actually in a stronger position to demand a figure you are happy with.

I hope you don't need to use that letter any time too soon. But if you so should, you'll find you'll be doubly dissapointed.

At the end of the day you should have Comprehensive insurance and this shouldn't be something you have to do. It is only necessary where you have no insurance, or for example a Third Party Only cover where in most cases your own insurer will not assist you at all.

samples of current bike values is right, neigbour got cleaned up by a car, and 4 months after his hip fracture healed enough to walk normally, only NOW has he gotten a payment from the drivers insurance co. The other drivers insurance co was offering him $900 and WANTING TO TAKE THE BIKE, as they say its an old p.o.s.

but as pre-wreck it was an immaculate bike and a bit of a popular one at that (XS1100). He just produced printouts of 2-3 ebay sales of them over the last 3 months to get them to up the coin they'd reimburse him for (he got them to pay for the lid too, one of them newfangled bimmer ones) and told them the entire way "Your not taking the f*ing bike, i never signed for insurance with you" which they finally caved about.

that was a LONG fight and they attempted to screw him over at every turn. He had found a lawyer and basically had sent them a registered post letter stating "you have two weeks to pony up the cash or im persuing legal action. The day after the deadline they called him and offered him what he wanted.

Assholes, all of them .