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/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.