Accident..What are my options? Legal or otherwise!

[Odinson]

Hi V12Man..this may sound strange but I am willing to forego the medical expenses. Right now with some rest I should recover fully. Thank God for that. I am more interested in addressing the loss of my bike. Yeah I know us riders tend to worry about our bikes first, body second. What are my options there? Thank you so much for your feedback and best wishes!

 

First off: glad you came out mostly unscathed. 

 

Now, sorry to be a party pooper, but you're bike may have been R50k+ when new, but that would not be the case at present (its a heavily depreciating asset). A bike like yours would sell for less than R20k on the 2nd hand market, if you're lucky. 

 

Your best bet would be to open a criminal case, get your J88 completed and start hounding the driver and his insurance for compensation of damages for both your bike and medical expenses, if any. 

[stringbean]

Take it on the chin and move on.

You alive so be thankful and chalk it up to schoolfees.

I know every time this topic comes up on the hub every one starts shouting SUE but in the end I’m sorry to say your chance of getting anything is slim.

If your bike really is worth 50k you should have insurance.

At least they could fight on your behalf.

Everyone shouting to get lawyers involved obviously have no idea how much one costs.

If you sue driver expect a counter claim for his damages (car and medical)

All this will drag on for months if not years causing you great emotional stress and could cost you financially in the end.

Even if by luck everything goes your way and you win the driver will just plead poverty, offering to pay you R100/ month

Sorry for been so negative,just my personal experience.

Be glad you are alive and move on.

[pedal menace]

Take it on the chin and move on.

You alive so be thankful and chalk it up to schoolfees.

I know every time this topic comes up on the hub every one starts shouting SUE but in the end I’m sorry to say your chance of getting anything is slim.

If your bike really is worth 50k you should have insurance.

At least they could fight on your behalf.

Everyone shouting to get lawyers involved obviously have no idea how much one costs.

If you sue driver expect a counter claim for his damages (car and medical)

All this will drag on for months if not years causing you great emotional stress and could cost you financially in the end.

Even if by luck everything goes your way and you win the driver will just plead poverty, offering to pay you R100/ month

Sorry for been so negative,just my personal experience.

Be glad you are alive and move on.

This is what I am afraid off. I am more than willing to go the extra mile via lawyers if I have a relatively good chance off success. I agree that the bike in its current second hand state (prior to accident off course)would probably be between R20K - R25K. But to replace new will be R55K. Being no expert in the legal field..does one claim current value (market), or value to replace (current retail). It sounds like you have been through this? I know it is difficult to assess now, but unless I have a fairly good chance of getting something back..I must simply ask the question, is the effort and associated legal costs worth it? 

[Popit]

I think , obviously report the accident to the police , complete the medical form , and then institute a claim against the driver .

 

If you don't do these things , you will have NO claim . The little bit of inconvenience caused by doing the above MIGHT be benificial for a claim down the road .

 

That said , glad you are ok (relatively speaking ) and hope you get sorted one way or another .

[GrahamS2]

Even if by luck everything goes your way and you win the driver will just plead poverty, offering to pay you R100/ month

 

 

You can't just 'plead poverty' in court. Once a judgement is obtained you get a warrant of execution allowing the sheriff to attach assets until the costs have been recovered in full. The court doesn't care if you can afford it or not.

[ChrisF]

Have your bike assessed by a bike shop and get them to give you a written report that states the extent of the damage and if the bike is repairable or not and then also a quote to either repair or replace with nearest equivalent model bike. 

 

Then write a letter of demand to the driver who hit you that includes the following:

- Time, date & place

- That you're holding him liable for your damages

- That you're not insured for your damages

- The cost to repair replace

 

He should then forward your letter on to his insurer.  They will make you jump through hoops and ask for other info and documents, but should then sort you out.  Although expect them to find any and every reason to pay you less and it will take time to sort out... 

 

If you want, PM me your email address and I'll send you a fill-in-the-blanks type letter of demand that you can modify.

 

Firstly  - glad you are okay !

 

Do you have insurance, household etc ?  Via a broker or one of the dial in companies ??

 

My broker have assisted me in the past with a claim against another person.  When the letter goes from one broker to another insurer it somehow goes a bit smoother ....

 

Failing which your next option - as per the quote above, get all the documents in place, then send a REGISTERED letter to the DRIVER of the car (hope the driver an owner is the same person... whole different set of school fees I have paid..)  Claim against him PERSONALLY.

 

I certainly would get a quote for the REPLACEMENT value of the bike .... pretty sure the insurance would try to pay out on the current value, but no use starting low .... just be aware of this when they do come with an offer.

 

 

 

Once the insurers gets involved it gets interesting ..... as stated already, you WILL be asked for the weirdest documents .... think it is standard time wasting practice on their side ....  Then one day you will get a phone call, and they will make you an "offer of settlement".  BE READY for this !!

 

As an example (actually happened) - I bought my nephew a motorcycle when he was at university.  Day after the 1 000km service a lady turns at a traffic light and takes him out !!  He spent a few days in hospital, minor operation on his ankle, and the bike was a write off .... I only had balance of third party insurance - comprehensive insurance was just too expensive for a student rider.  So I claimed against Auto and General, the vehicle owner's insurance.  Then the day came where they made me a settlement offer - roughly 75% of the actual value !!  MAN I was fuming !!!!!  I did not accept, and so started months of emails and calls .... to finally get out a few hundred rand more !     They KNOW the value, then cut that figure down just enough that it does not make sense to go the legal route to get the rest ....

 

 

So you paid R50k .... let's replacement is now R65k (bike shop quote required).

 

MAYBE, but highly unlikely, they offer you about R45k, ie a percentage of the replacement value ..... DOUBT IT !!

 

They will do their maths on the CURRENT value - so make sure the bike shop DETAILS the purchase price and the power cranks and everything else that was added.  Make sure the quote shows the CURRENT VALUE as high it is actually worth.  Then if you are lucky, you will get an offer of about 75% of that value .... heres hoping.

 

 

Worst case - R50k, subtract for depreciation, then a percentage of that final value ... some R10 to 15k payout .....  HOPE you sell option two to them !!

 

 

Whatever offer they make - they know the probabilities, and you are in for at least 6 months fighting to get anything more out of them, if anything at all.

 

 

 

Last comment - these things can take TIME ..... get ready for the long haul .... just reply to all the emails, and dont give up.  You will get something back .... still hoping for option 2, though option 3 is the most probable outcome ....

[V12man]

Legibly?    

Well - slowly anyway....

[stringbean]

I guarantee you the court will not attach assets to recover the amount if a offer is made to make monthly payments because of financial situations.

[JanJan]

Wow, it scares me how little control you have over getting money back after injustice. Have any Hubbers heard of success stories by using a rogue debt-collectors? The baseball bat carrying type?

[pedal menace]

Have your bike assessed by a bike shop and get them to give you a written report that states the extent of the damage and if the bike is repairable or not and then also a quote to either repair or replace with nearest equivalent model bike. 

 

Then write a letter of demand to the driver who hit you that includes the following:

- Time, date & place

- That you're holding him liable for your damages

- That you're not insured for your damages

- The cost to repair replace

 

He should then forward your letter on to his insurer.  They will make you jump through hoops and ask for other info and documents, but should then sort you out.  Although expect them to find any and every reason to pay you less and it will take time to sort out... 

 

If you want, PM me your email address and I'll send you a fill-in-the-blanks type letter of demand that you can modify.

Just spoke to my own Insurance Broker and they too agree that my first course of action is a formal letter to his insurance company before engaging any lawyers. I will do that as a first step. 

[Rocket-Boy]

First off: glad you came out mostly unscathed. 

 

Now, sorry to be a party pooper, but you're bike may have been R50k+ when new, but that would not be the case at present (its a heavily depreciating asset). A bike like yours would sell for less than R20k on the 2nd hand market, if you're lucky. 

 

Your best bet would be to open a criminal case, get your J88 completed and start hounding the driver and his insurance for compensation of damages for both your bike and medical expenses, if any. 

Dammit dude, stop making me agree with you on things!

This is 100% correct though, especially regarding the value of the bike. Its not easy to hear that but its true.

[GrahamS2]

I guarantee you the court will not attach assets to recover the amount if a offer is made to make monthly payments because of financial situations.

If you have sufficient assets to attach, it would be hard to claim you're in a financial situation and unable to repay a debt. I had assets attached to recover a R13k debt, after the guy claimed he had no money and could pay it off over 2 years. The magistrate asked for bank statements, disagreed with him and then gave him 14 days to pay. After the 14 days I had the order granted and went through the process. 

[Eugene]

The first thing you should do is give yourself a big klap.... You deserve it. Spending R50k on a bike and then not insuring it adequately is looking for trouble.

 

Now that is out of my system.... I was in the same boat. After being shunted from Pilar to post by the other guys insurance, my attorney friend advised me to write a letter to the guy who hit me informing him that it was his fault and irrespective of his insurance, he is liable. I gave him 7 days to pay the costs. Two days later his insurance paid.

[Headshot]

Hi All,

 

I would like some advice from all the hubbers out there (even better if some of them can offer legal advice). Yesterday morning I was on my usual morning ride in the Centurion area in preparation for the Sani2C. As a note, I have a Ryder light up front (1000 lumens) as well as a really bright rear light. Safety first! As I crossed an intersection (my light was green BTW), and elderly gentleman decided he was simply going to turn right at the intersection and me as the cyclist was interfering with that decision. I got hot by his car in a big way. I do not remember much, only me being hit and then flying through the air. Needles to say...the car won and I lost..badly. Ambulance was on scene very quickly. Miraculously I suffered no broken bones. Paramedic could not believe it! Just one severely bruised body with roasties as proof. And the person who hit me simply said..sorry it is my fault I did not see you. I have eye witnesses that saw everything. One lady even hooted at the man as she saw him coming and that an accident was imminent. Alas, I was in his way! However, there was one casualty! My R50K+ bike is in pieces. History! Pictures will be attached. Here is my question! Do I have options here to address my loss? My bike is unfortunately not insured (well not outside the house). The driver who hit me does have insurance (Outsurance). Is there any way I can claim from this man? In any way? It is his fault 100%. I have not yet been to the police to open a case...been pretty much on my back since yesterday.  Should I even? Any advice will help. Kind Regards to all. 

Yes you can. I had a similar incident many years ago. My injuries were slight as I was very lucky ( full 360 front flip over car bonnet) but I still succeeded with an insurance claim for some bent bike parts and a RAF claim for my injuries. 

 

Insured or not, the driver of the car is liable and you have a claim for the damaged bike against him, just as if you had been in a car and he caused the accident. You may also have a RAF claim in terms of the Act for your injuries, but these are more limited than in the past due to amendments to the Act.

 

Good to hear that you survived with no broken bones. 

[Headshot]

Just spoke to my own Insurance Broker and they too agree that my first course of action is a formal letter to his insurance company before engaging any lawyers. I will do that as a first step. 

Send the letter to him and CC his insurers as he is the responsible party. If he does nothing a summons against him, not the insurance company would be the next step. 

 

You need to quantify the claim accurately and be able to justify each amount claimed - for the bike or if the whole bike, why its a write off and you are claiming full replacement cost. 

 

PM me if you need some advice. 

[Dirkitech]

This is what I am afraid off. I am more than willing to go the extra mile via lawyers if I have a relatively good chance off success. I agree that the bike in its current second hand state (prior to accident off course)would probably be between R20K - R25K. But to replace new will be R55K. Being no expert in the legal field..does one claim current value (market), or value to replace (current retail). It sounds like you have been through this? I know it is difficult to assess now, but unless I have a fairly good chance of getting something back..I must simply ask the question, is the effort and associated legal costs worth it? 

My bike is insured on the replacement value and not current market value, would expect you'll be better off with the same.

 

edit: saying this because instead of current market value like a depreciating car, claiming for replacement value is like having your 2013 ford fiesta written off and claiming for a new 2018 ford fiesta, as far as I understand the process mentioned by my insurance broker.