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Old 01-27-2013, 04:32 PM   #1
Dale950 OP
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Had a Crash , I need legal help melb

I Had a crash last sunday in outer/ country area of Melb , I came over a hill to find a car parked across the road directly in front of me blocking the lanes ! Ive gone down avoiding the car , got amb'd away , 2 days in Hospital & Ive stuufed my left knee & looking highly likely I will go inn for an opp this week .
Either way probally of work for quite a while ?

Police have charged the driver & he's admitted fault .
Anyone recomend a good Solicitor / Lawyer Ive never been down this road .

Did this on my Ktm 625 , bikes not overly bad , arai xd 's stuffed & ripped me jacket so I want to try and claim those too ?
Ive got the TAC sorted .

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Old 01-27-2013, 05:01 PM   #2
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What do you need them for? If he's been charged and admitted fault, then the games over isn't it?

Do you mean for a civil action?

Police reports should be plenty to cover all insurances. If you're insured gear should be covered too, but the inspector will want to see it all. Your insurer will argue with his insurer to recover costs.

It'll be your task to gather quotes and replacement costs of everything you have damaged, including vehicle repair and riding gear.

Glad you're well enough to write on a forum.

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Old 01-27-2013, 05:39 PM   #3
Dale950 OP
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Unfortunatly this bike 625 not my 950 wasn't insured so I will have to go through his if he has any ? That I don't know as yet ? What's the process ?
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Old 01-27-2013, 05:43 PM   #4
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Originally Posted by Dale950 View Post
Unfortunatly this bike 625 not my 950 wasn't insured so I will have to go through his if he has any ? That I don't know as yet ? What's the process ?

You should of asked him at the scene.

The cops will help you now, go ask them if he was insured
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Old 01-27-2013, 05:59 PM   #5
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Being uninsured makes it a little harder as normally your insurer does all the chasing. You'll need to know the name of the insurance company the driver uses. Hopefully he has full comp insurance. They'll need the quotes. My experience is via my own insurer.

They may need more than one quote, but I doubt that. Ask them what they need for the claim.

Written quotes for replacement riding gear from your favourite supplier, or if the gear is a recent purchase, the receipts will do. If you've bought at special prices don't use those receipts, get the full price replacement quote.

Always keep copies of what you forward to the insurer. Always keep names and times of conversations with the insurance co. and/or the car driver. If he's admitted fault he may hopefully also try to do the right thing. Avoid arguing with him/her when you communicate, keeping the conversation to issues of communication with the insurer.

If a dispute arises and you have difficulty forming an argument, that's when you pay for help. Even the suggestion of it may help you. The Slater & Gordon type of arguers do this sorta stuff but the civil claims rules re: road accidents changed years back so wait for further advice from someone else re: that.

Above all, be patient. It takes time as they work on a different calendar to the rest of us. Patient, but persistent. The bottom line is that you should be paid for all the work and parts and gear that's damaged. Income replacement is a different matter I believe.

Good luck.

edit:re: TAC, if you get stuff done privately, the hospital will send you the invoice as you're perceived as the path of least resistence. When this happened to me, I referred them to the TAC to get their payment. There was no way I was going to argue with the TAC for money. They're almost as difficult as Workcover! The hospital was persistent, but I was more persistent. They eventually stopped annoying me. If public hosp, then no worries. Just hope you don't wait too long.

boxerboy81 screwed with this post 01-27-2013 at 06:09 PM
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Old 01-27-2013, 06:05 PM   #6
crash n bern
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You will need to put a claim in to his third party insurance for your injuries, pain and suffering. They will require you to see their doctor to warrant the extent of your injuries. You can do this yourslef or go through a lawyer. lawyers can charge up to 50% of your claim for their services. If it's a straightforward claim they get a pretty good win for a couple of phone calls.
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Old 01-27-2013, 06:14 PM   #7
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Went through this last year. As far as your protective gear goes, you will either need receipts or give quotes for replacement. The insurance company came back with lower prices that they could purchase same for same gear than I could find on the net. They would only pay out for like replacement at their lowest price. No real problem as you still get new gear, but if you wanted the cash to change helmets or jacket etc then you may come up short. I also had to send all my gear to insurer for destruction.
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Old 01-27-2013, 06:38 PM   #8
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Originally Posted by crash n bern View Post
lawyers can charge up to 50% of your claim for their services. If it's a straightforward claim they get a pretty good win for a couple of phone calls.
Where did you find this mythical creature? Read the fine print before signing up for a lawyers help, and pay particular attention to extra costs like having to pay costs for reports ....it's amazing how many expensive reports some no win " no fee" lawyers rack up on cases that don't win.....And guess who ends up paying for these reports

Ps in vic all that personal injury stuff is done via tac, with lots of legislation....good luck getting any extra $ via a lawyer.

The property stuff like helmet, jacket, bike damage..that's where insurance companies come in....is it really worth sharing this with a lawyer?
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Old 01-27-2013, 06:46 PM   #9
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LawyeR = Last Resort IMO

See if you can do it with out a lawyer first, if he's insured it should be a little easier.
Unfortunately when Lawyers get involved they are the only winners.

Good luck & a fast recovery to ya.
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Old 01-27-2013, 08:25 PM   #10
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LawyeR = Last Resort IMO

See if you can do it with out a lawyer first, if he's insured it should be a little easier.
Unfortunately when Lawyers get involved they are the only winners.

Good luck & a fast recovery to ya.
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Old 01-27-2013, 08:36 PM   #11
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Shit mate hop you make a full recovery TAC are great been there many times
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Old 01-27-2013, 11:03 PM   #12
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Don't be surprized if the other blokes Insurer comes after you for damage to his car. As soon as they know you don't have insurance, it's like a red rag to a bull. It happened to me once after a 3'o'clock housewife returning from a school pick up went through a Give way sign and drove under the tray of my truck tearing the front of her car. I had no damage to the truck so i didn't bother claiming, next thing i know i'm in the wrong according to her Insurer, and they wanted compensation I can tell you now the phone conversation i had was a ball tearer But i had to involve my insurer to make it go away, Another reason to have Insurance it's just not worth the hassle, even if your in the right.
Insurance companies are experts at draging you through the whole legal process and trying to break you both financially and mentaly, most people give in and cop it. And never talk to one unless you have a tape recorder.
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Old 01-27-2013, 11:09 PM   #13
Dale950 OP
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Thanks .
Didn't hit the car involved . He was parked across the road blocking the road . I had no where to go I chose the left it was bit clearer re bush etc .
Yes Ive delt with TAC in the past , there great !
Everybody involved were fantastic , I had 1 Mica , I normal Ambo , 2 cops , 1 fire truck and the airwing Helicopter on seen althou I missed out on the chopper ride . Got sent to Austin Hospital - great althou it was absoluty full and now the Gov are cutting back 16 beds in there Emergency dept - crazy !

Only mistake they made was not giving me an MRI scan there normal Xray's didn't show the extent of my injuries , I got that myself 2 days after I got out, I see a surgeon tomorrow and will go from there.

Cheers

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Old 01-28-2013, 12:52 AM   #14
Sleepy John
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So there was no actual contact? That will be interesting
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Old 01-28-2013, 01:19 AM   #15
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why was he blocking the road?
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