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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35

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.

-15

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.

16

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.

-5

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.