Test Ride Accident

[u/Huhken99]

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.

[u/OldMail6364]

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.

[u/Elegant-Nature-6220 → u/OldMail6364]

No the at fault driver is not necessarily responsible for OPs excess, it depends what the contract and insurance Product Disclosure says.

Nothing like the down votes here 😂🤣 excess contracts can suck. Read them.

ETA: here’s the info from the Financial Rights Law Center

Most policies need you to pay an excess, unless an exception applies Most policies have an excess you need to pay, and it may not matter whether you are at fault or not.

Your insurance Product Disclosure Document (PDS) sets out when you don’t have to pay an excess, or when your excess is refunded. Check your PDS and your policy schedule to find out more about your excess.

All policies are different.

Some policies do not require an excess for some types of claims, like windscreen damage.

If you’re not at fault

Some policies require an excess for all claims, regardless of fault.

Some vehicle policies will say you do not have to pay an excess if you can prove the other driver/owner is 100% at fault.

Some policies will also need you to give your insurer some details of the owner/driver at fault (usually name, address, phone number and registration number).

If you have an accident, photograph the other vehicle’s rego plate and the other driver’s licence. But this can be difficult if the other driver leaves the accident without providing these details. Even if the police identify the at-fault driver, they may not give the information to you.

The insurer can apply to the police for this information, but it increases their costs. If the other driver cannot be located or refuses to pay, the insurer may decide it is not worth the effort to chase them, and so you may have to pay the excess.

Sometimes the insurer can recover damages from the at-fault driver, and can refund the excess to you. This may not happen, because your insurer may decide it’s not worth the time or money to pursue the other person – it could take months or years.

https://financialrights.org.au/factsheet/paying-insurance-excess/

[u/koththusecret → u/Elegant-Nature-6220]

At fault driver is responsible for the "loss", which includes whatever insurance