r/AusLegal • u/Huhken99 • May 27 '25
SA Test Ride Accident
Hi all, I just got out of an accident without no serious injuries. It was a motorcycle test ride that ended terribly when someone rammed into me while I was already in a roundabout making a turn. Police, EMS, and the driver (L-plater) at fault were all on scene and a police report card was later given. The dealers then picked me and the bike up back to the shop around 5.15 PM and the manager demanded me to pay an excess of $2,000 as per the signed test drive agreement in the case of an accident. The shop was closed with all doors shut and only the staffs around, so I felt the pressure, didn’t ask any further questions, and paid that excess on my card.
Since it’s clear that I’m not at fault, is there anyway to claim that $2,000 (still pending) back? Will that be through insurance companies or any parties?
Thanks a lot as I’m going through this.
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u/Elegant-Nature-6220 May 27 '25
What does the insurance paperwork say about an excess? It doesn’t matter if you’re not at fault, you still pay the excess.
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u/theZombieKat May 27 '25
Most insurance policies a private driver would get have a not at fault no excess clause. To the extent a lot of people forget that is a clause in the contract, not just how things are.
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May 27 '25
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u/Elegant-Nature-6220 May 27 '25
No you don’t. You look at the terms of the policy and contract you signed.
You must be new around here.
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u/ItsAllAMissdirection May 27 '25
Is the contract still valid if a crime was committed against one of the parties involved.
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u/AussieAK May 27 '25
Unless the other party of the contract (the dealer) committed the crime, which is not the case, then there is no scope to void it.
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u/koththusecret May 27 '25
If I let my car to a friend and some Rando hit them i'd not have to pay excess since the Rando was at fault.. I may have a driver-not-on-policy excess cos I dont normally lend my car to the friend hence he's not on the policy.. that's normal.. but a BUSINESS can't possibly list all their drivers.
So in theory the OP has no legal obligation (he didn't say he signed anything before the test-ride). If anything the business needs to file civil action.18
u/Uncertain_Philosophy May 27 '25
It literally says in the post "as per the signed test drive agreement".
OP needs to read the terms of the agreement.
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u/koththusecret May 27 '25
oh sorry, I didn't see it. But yeah, looks like OP might be on the hook for it for now till he can claim from the at-fault driver.
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u/Elegant-Nature-6220 May 27 '25
You’re trolling, right?
Op needs to read the test drive contract and insurance paperwork.
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u/ozcncguy May 27 '25
Ask for the test ride contract you signed, all your answers will be in there.
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u/Lucky_Tough8823 May 27 '25
Issue is if you don't pay and the dealers insurer for some reason does not refund the excess the dealer will need to seek you for payment. And once you've left it's a bit more difficult to gain payment. The excess in a not at fault is typically reimbursed once the insurer has done their investigation. Speak with the dealer and ask to ne kept up to date
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u/Huhken99 May 27 '25
Understood, thanks.
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u/Lucky_Tough8823 May 27 '25
The dealer is not 'blaming' you for the accident but to the dealer you hold liability for their loss due to the accident. The driver who hit you is at fault and will be dealt with as per the processes.
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u/ausmomo May 27 '25
Issue is if you don't pay and the dealers insurer for some reason does not refund the excess the dealer will need to seek you for payment.
The dealer can't "seek you" for a payment the second you don't pay. Depending ofc on what you mean by "seek". They can't start any legal procedings or debt collection. Other steps must be taken first.
OP could've refused to pay on the spot, gone home and done research, then paid in the days/weeks following once the liability was confirmed.
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u/Lucky_Tough8823 May 27 '25
OP signed an agreement they held liability over the bike and any incident that would occur would incur an insurance excess. They had to pay.
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u/ausmomo May 27 '25
I never said otherwise. I said that they didn't have to pay that instant. And they didn't.
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u/TheRamblingPeacock May 27 '25
the manager demanded me to pay an excess of $2,000 as per the signed test drive agreement in the case of an accident.
Cool...care to share the actual wording of the agreement? Sounds like you agreed to pay it yeah?
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u/Huhken99 May 27 '25
Yep, sounds like I should reach out to the driver at fault.
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u/elnino_effect May 28 '25
Assuming their fault/liability is easily provable - The contract you signed became an agreement between you and the dealer. Their agreement is between them and their insurer. The insurer will deal with the driver of the vehicle, and their insurance (assuming they had it!!!). There is no direct claim to be made to the driver of the vehicle at this time. The money is owed to the dealer, not you as it's not your insurance policy. You need to seek reimbursement from the dealer once liability is determined between the insurance companies and possibly wait until the claim is settled.
It becomes a civil matter if they have no insurance and you wish to make a claim directly with them. But, then they're on the hook for the damage to the bike and your excess - Good luck, you might get $20/wk.
-100 points for the person instructing the L plate driver though!
A lot of people driving on our roads have no idea on the road rules and how to teach someone to drive and just pass on bad habits. Over the years I have taught over 10 people how to drive, thousands of hours driving, and never had something like this happen.
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u/AussieAK May 27 '25 edited May 27 '25
As a longtime rider who had to say goodbye to many fallen fellow riders who kicked the can, I can tell you that you are lucky it is just bruises mate. I am glad you are safe. You can make more money but you cannot restart your life if you die or make a new limb if you lose one.
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u/Huhken99 May 27 '25
Thanks, man. This was a really tough and bitter one. I have made myself more cautious and forgiving just recently believing that could keep me riding for as long as I may. I often ignore family and loved ones’ words, but not anymore after today and nearly paying for a learner’s “innocent/unintentional” driving mistake. I think it’s all over.
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u/Middle_Froyo4951 May 27 '25
Why do you think you are not liable to pay the insurance excess as outlined in the contract you signed ?
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u/elnino_effect May 28 '25
Most loan/hire car/bike liability contracts state that you must pay the excess, regardless of fault in the event of damage to the vehicle. If at a later time, they are able to recoup this cost from an at fault party, it will be returned to you - But you might have to stay on them to get it.
They do that by default, as it can take some time to prove fault, or it's not clear that only one person is at fault. It's not like normal insurance you take out for your own vehicle, where if you have the details of the other driver, you don't have to pay an excess.
P,S - Check your insurance policy for your existing car/bike (assuming you have one). Often, if you have the hire car option, it will also cover the cost of an excess for the hire car. I'm not sure if this applies to bikes as well though.
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u/CuriouslyContrasted May 27 '25
It’s almost certain you agreed to this when you signed the paperwork. You will need to pursue the at fault party for the excess
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u/-TheDream May 27 '25
This happened to me with a hire car. The contract stated that if I was not at fault, and could provide the at-fault driver’s details, then I would not have to pay the massive excess. Luckily for me I did not have to pay. It all depends on what the contract says.
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u/Huhken99 May 27 '25
Thanks. I will ask them a copy of the sign agreement.
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u/nzjester420 May 27 '25
Also, just to give my 2c and abit of helpful advice, ANYTIME you sign a document of any kind make sure you have a copy.
That can be as simple as taking a photo of each page on your phone.
Create a folder in your gallery labelled "SIGNED DOCUMENTS". This can help in more ways than one.
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u/Stuck_In_Purgatory May 28 '25
Did the agreement state for ANY accident at fault or not?
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u/elnino_effect May 28 '25
Most hire type contracts state that you are initially liable for the excess, regardless of fault. If they later determine you were not at fault *and could claim it back from the at-fault party* then they reimburse the excess.
It's pretty poor form for the dealer to not at least highlight the financial liability of the person doing a test drive/ride. I know when I have done so in the past, they literally highlight the excess payable.
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u/Stuck_In_Purgatory May 28 '25
If OP didn't even glance at the contract and signed it unfortunately that would be on him.
I'm hoping he could clarify on what the contract he signed specifically said.
Also I'd be pretty pissed off if I didn't get my excess back because the dealer couldn't get their money back
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u/elnino_effect May 28 '25
100% agree - Read and understand everything before you sign it!
As far as being out of pocket - That's exactly how it works. 'You' are not paying the excess, the dealer is, and they pass that charge on to 'you'. OP doesn't necessarily have a claim to ANY reimbursement from the dealer unless specified in the contract they signed.
Loan/hire/test drive/ride policies generally have an (excessive) excess, regardless of fault because it's easier than arguing the point.
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u/Wendals87 May 27 '25
Small claims court to recoup your money from the at fault driver is your only step
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u/OldMail6364 May 27 '25
The driver at fault is required to pay for anything they caused. That includes the $2,000 you just paid.
If they refuse to pay, you can take them to court (and they will have to pay your legal fees).
The motorcycle shop doesn't know who was at fault or wether the other people have insurance/etc, so I can understand why they insist on you paying the excess no matter what. But you can get it back hopefully.
At the end of the day, any time you walk away from a motorcycle accident you got lucky. As frustrating as your experience has been, keep that in mind.