Having been taken out by a car two weeks ago by a driver who has admitted full responsibility. I now find that I'm having difficulty getting the insurance response I anticipated. Although the driver told me he had insurance at the scene. He now claims that he only has CTP cover. This does not cover me for 'my vehicle' or other damage to my property, loss of earnings etc. My insurance will cover the cost of the bike to the insured amount only less the excess fees. I could of course take out a private small claims case but the driver is also saying that he is out of work and has no money. Suggesting I would never see any compensation via that route.
Having never been in this situation previously I'd welcome any advice.
I would have thought that your insurance company would settle with you then chase the driver for the money, especially as he/she has admitted responsibility.
Did you report it to the Police?
If so you shouldn't have to pay an excess as you have made a legal statement and they have admitted liability etc.
My 2 cents
Yes insurance company will pay for the bike (less excess) but the additional costs etc helmet, loss of earnings all told about $2000. why should I foot the bill Yes Police, ambulance and fire service all at the scene!
Yes the case would go through the magistrates court providing the claim is less than about $5000 (I think). You may win the case but it may be more head ache than its worth pursuing the money (they may agree to small regular payments etc). Yes its a little like a lottery at times on the roads....but at least you are still in the land of the living and not permanently incapacitated or decapitated.
Yes I was involved in an accident a few weeks ago but I was lucky as the damage to the bike amounted to $100 and for me it wasnt worth the headache and ended up paying for it out of my pocket.
No we don't live in the perfect world .
That's my fear magistrates would not be worth the effort and I'm down $5000.
As you say the most important point is that I'm here typing.
You can claim for all medical expenses, including over the counter medications like pain killers, through CTP. If you had any injury you will get paid something for any permanent damage and/or future pain and suffering which may make up for the loss of earnings.
Contact the CTP provider, I think its Allianz, and make a claim today or, as several people advocate using a lawyer to make a claim with the CTP so you maximize your benefits, contact a lawyer.
CTP only covers you for personal injury, but that does include economic loss ie loss of earnings assuming that your loss of earnings relates to the personal injury. BISA has a panel of lawyers (I think) who might be able to give you some quick advice. Good luck!
If small claims court is free/relatively cheap I would still persue it. I'm sick of people saying "I have no money" as an excuse for running over cyclists and not paying thier due. Well how do you pay registration and petrol then if you have no money?? Even if you get small payments over time it is what is due to you.
As others have advised you, you are fully covered for bodily injury and resulting costs through CTP, administered by Allianz.
If CTP covers you for loss of earnings (as others have advised) and you have insurance covering most of the other costs, then what do your other losses total?
The cost of a new helmet, the excess you are paying on your insurance to get your bike back, - anything else?
Seems like it might be only a couple of hundred dollars?
It might not be worth your time/trouble to commence a small claims process in the Magistrates Court if you are only seeking, say, $300.
If I were you, I would:
a) clarify what you will get back from Allianz - which should be all medical costs and loss of earnings
b) clarify what you will get back from your insurance company;
c) work out what is not going to be covered by either (a) or (b); and
d) send him a letter demanding payment of the "gap" within a specified time (say 30 days) and threatening to sue him if he doesn't pay,
That should prompt a settlement offer. If not, you can consider later whether it;s worth pursuing him in the court. Don't rule it out too soon. You always have the option to drop it, if the paperwork or stress gets too much for you, but merely having the papers served on the driver might prompt him to realise that you do have rights, and he will have another opportunity to make a settlement offer.
You don't want to ask for the 'gap' in your insurance. You want all your damage covered.
Am surprised your bike is covered by your insurance, and your clothing and helmet are not.
I would claim the lot against your insurance, pay your excess, and if it's anything like my experience, your insurance company will go after him for their money back, and then like me you might get a nice surprise and have your excess send back via a cheque 6 months later after they had chased it all up....
Worry less about the 3rd party allianz stuff and more about getting well again, get a lawyer if you feel you have to.
Good advice, Gemma. Sic your insurance company onto him! That's what they're for....
best $100 (excess) I ever spent, got my claim approved within 24hrs, and then they sent me my $100 back!
I went down that path as the other driver was claiming it was my fault, and I said it was his fault. I couldn't be bothered going to court or hiring a lawyer when for $100 I got this all done for me.
That said, if the driver had admitted fault at the scene, and was less obnoxious "where's the damage, I don't see any damage?!", I would have just sent him a letter of demand and gone from there, but since there was a fair degree of stress involved, the insurance company can handle it...
The SA Legal Services Commission handbook on line is very good - see www.lawhandbook.sa.gov.au
Basic principle, is other driver - having caused you loss - ought to restore you to the situation you were in. Or make similar financial contribution.
Your Losses might include: your excess on bike; damage to your other property, consequential loss of earnings; plus your out of pocket expenses in getting him to cough up. Your medical expenses, should come under CTP.
The responsiblity is his to pay - if he hasnt insured against the risk - he'll need to pay out of his own pocket. Just because he doesnt have insurance, doesnt mean he isnt liable. A lot of people try that one on in the hope you will think it not worth your while to pursue it.
Size of the above sum, versus hassle of letters and small claims - decide whether is worth claiming.
In my experience -
damages claims often take months to settle. Be prepared to put in a bit of time and effort, and wait. Usually people end up paying out of their own pocket for what they need then try to recover the cost.
Office of Business and Consumer Affairs, helpline might be able to advise.
Am sure you are already familar with the principles -
Driver is out of work and has no money? No excuse. He clearly has assets such as a car. If he has debts, he can get a loan against his assets, or sell them .