Kawasaki Sportsbike Riders Club - Australia - Online Forum

I was involved in a minor altercation with a car yetsreday (car driver at fault). The apparant damage is:
- badly scaped right hand fairing
- small scratch (about one inch long) on fuel tank
- grazed right hand mirror
- worn brake lever and bar end
- bent and worn footbrake
- worn carbon cover on engine
- slight graze on the knee (no blood)

My questions:
- can I insist on my draggin jeans being replaced even though they arent torn?
- can I insist on the fairing being replaced as it was original and undamaged prior to the accident?

I am going through the other drivers insurance as I don't have comprehensive; their insurer is GIO and based on my conversation with them on the phone last night they wont be very easy to deal with.

Any advice would be appreciated.

Cheers
Ben

Might not hurt to still contact your insurer. Discuss with them what happened and that the driver was at fault. Otherwise you may have to speak to a lawyer and get some advise on how to proceed.

Either way, the party at fault should be paying for whatever damage had occurred. If your draggin jeans are grazed, then they need replacing. The integrity of the jeans has been compromised and they will no longer offer the level of protection they did before. That was the argument I made when I came off a little while ago any way, and it worked for me.

They're the first thoughts that come to my mind any way.

MrFaulty wrote: I don't have comprehensive

dutchy wrote:still contact your insurer

That might be a bit hard if he doesn't have one.

GIO are usually pretty good at paying claims.
I would go to the repairer you want to use and get them to quote the damage, including your gear and helmet and lodge the claim for you. Newcastle Kwaka should be able to help if you don't have anyone else in mind. Also, as Dutchy said, I would still contact your insurer if you have one for third party. They will usually take up the battle on your behalf if issues arise.

Nelso wrote:

MrFaulty wrote: I don't have comprehensive

dutchy wrote:still contact your insurer

That might be a bit hard if he doesn't have one.

He didn't say he had NO insurance, he just said he didn't have comprehensive.

Just Go and get it quoted how you want it fixed. Your not the at fault party. The insurance company will try to bluff you into thingking you have no other options but there way. Its BS. Do you have photos of your bike before the crash ( yes you do. we all do. we are that type of peaple). Attach them to the quote with a letter of demand.
I just whent throught the same thing with my wifes car. The insurance company wanted to repair the door and rear quarter. I sent photos and the service records along with my letter of demand out lining how I had owned the car from new and that it had never had as much as a scratch in 4 years. I told them I would not exept anything but a new door and quarter all fitted at my choice of panel shop. I included that I was prepaired to fight to have the vehicle repaired as new. Took less than 3 days for them to green light my claim. They tryed to get away with a 2nd rate fix for under $4g. My way cost them $6895 but you will never be able to tell where it was repaired.

You hold the power just remember that.

Thanks, booked in at Newcastle Kawasaki for Tuesday as well as some motorbike repair shop at Gateshead. Fingers crossed it is a smooth and reasonably quick process!!

MrFaulty wrote:Thanks, booked in at Newcastle Kawasaki for Tuesday as well as some motorbike repair shop at Gateshead. Fingers crossed it is a smooth and reasonably quick process!!

Newcastle Kwaka are sponsors, so don't forget to let them know your from ksrc

Hey there, Nathan in our workshop knows your a KSRC member, we'll put our best argument forth to the GIO assessor to try and get the maximum claim for you re: jeans etc. At the end of the day it is their call, you can seek legal advice if your feel you aren't receiving fair treatment best place to start is calling the Dep. of Fair Trading, hopefully it doesn't come to that though.

holdontight wrote: never had as much as a scratch in 4 years. I told them I would not exept anything but a new door and quarter all fitted at my choice of panel shop. I included that I was prepaired to fight to have the vehicle repaired as new.

And this is why they write so many vehicles off. Exactly why do you expect brand new parts on a 4 year old vehicle? Is there something particularly yuck about a 4 year old door?
If I replace doors and guards I try to use the same year or newer - if possible. Doesn't mean the car is worth any less ... its all still the same age.

Daisy wrote:

holdontight wrote: never had as much as a scratch in 4 years. I told them I would not exept anything but a new door and quarter all fitted at my choice of panel shop. I included that I was prepaired to fight to have the vehicle repaired as new.

And this is why they write so many vehicles off. Exactly why do you expect brand new parts on a 4 year old vehicle? Is there something particularly yuck about a 4 year old door?
If I replace doors and guards I try to use the same year or newer - if possible. Doesn't mean the car is worth any less ... its all still the same age.

My bike is actually 9 years old, and why I would expect a new part is that prior to the accident it was good as new, ie no bog, cracks etc. If it were merely a case of repainting it I would agree, but not the bog. And your right, there's nothing yuk about my old bike (prior to the accident) otherwise I would have sold it.

Anyway, will see what Newcastle Kawasaki say tomorrow.

Cheers
Ben

Daisy wrote:

holdontight wrote: never had as much as a scratch in 4 years. I told them I would not exept anything but a new door and quarter all fitted at my choice of panel shop. I included that I was prepaired to fight to have the vehicle repaired as new.

And this is why they write so many vehicles off. Exactly why do you expect brand new parts on a 4 year old vehicle? Is there something particularly yuck about a 4 year old door?
If I replace doors and guards I try to use the same year or newer - if possible. Doesn't mean the car is worth any less ... its all still the same age.

Why should i have to have 2nd hand parts fitted to my car. I have no idea where they came from. I l have a car i look after that after 4 years could almost pass as new. I worked in the motor trade for over 13 years and i know it makes a differance how it is repaired.if your happy to have 2 hand parts fitted to your vehicles thats your choice.
'L

Had my quotes done this morning, thanks Newcastle Kwaka for being so quick about it! now just waiting for my second quote and hoping for a good outcome with the insurance assessor (can always dream!).

holdontight wrote:Why should i have to have 2nd hand parts fitted to my car. I have no idea where they came from.

Why should everyone else pay higher insurance premiums just so you can have brand new parts on a secondhand car?

Daisy wrote:

holdontight wrote:Why should i have to have 2nd hand parts fitted to my car. I have no idea where they came from.

Why should everyone else pay higher insurance premiums just so you can have brand new parts on a secondhand car?

To me Its still a new car. I am the first owner. I picked it up brand new from the dealership. When dose a car go from being new to being 2nd hand when Im the first owner? I am still the first and only owner. There for its not 2nd hand.
Why should I pay top dollar for my insurance premiums to have 2nd hand parts fitted to my vehicle.
But you have missed the point. I like the MrFaulty was in no way at fault.
So why should I have a 2nd rate fix. You just dont get it do you. If I was at fault I may exept 2nd hand parts as I was responsible for the damadge. There is a differance.

We could go back and forth forever so lets just agree to disagree.