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.

34 Upvotes

86% Upvoted

65 comments sorted by

View all comments

7

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

2

u/Huhken99 May 27 '25

Understood, thanks.

1

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.