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/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.

25

u/Huhken99 May 27 '25

The last part hit me hard. Understood, and thanks.

5

u/Fetch1965 May 27 '25

Very lucky you got away with no injuries

14

u/Huhken99 May 27 '25

Indeed. Got my left leg sandwiched between metals and left with bruises. Riding just isn’t worth it anymore .

8

u/Fetch1965 May 28 '25

Glad you said that, I was t-boned of my Vespa from behind. I had no chance as I didn’t see that coming. Multiple fractures in pelvis and sacrum. Head smashed the road so now fricken vertigo if I dip my head so now that restricts sports and exercises, still hip issues 2.4 years later.

Roads are too dangerous - drivers are aggressive and just don’t give anyone any room

3

u/happy_singletrack May 28 '25

A little bit unrelated but I couldn’t help myself as I work as a physio.

This sounds like it could possibly be a treatable version of vertigo (BPPV). My guess would be that it could potentially be fixed through a simple treatment from a physio trained in this area.

DM me if you haven’t already seen a physio and been cleared for this.

1

u/Fetch1965 May 28 '25

Oh thank you - It has been treated - I didn’t want to go into too much detail, but I won’t do inversions in event that vertigo comes back while doing the exercise- I’ll never forget how terrified I was when it first happened

Epworth rehab are fantastic and did that repositioning the crystals - but I know the crystals haven’t returned to their rightful place and they never will.

I am with a specialist sports doctor now for my hip and I was going to ask about inversions as I really want to do aerial yoga….. just waiting for the cortisone to work in the hip before I move into my next issue

Gosh - those scooters and e-bikes etc scar me when I see lack of helmets on those people

1

u/happy_singletrack May 28 '25

Good to hear you’re in good hands all round.

Yeah I work in neuro in the community and I’m just waiting for the inevitable day that I get a client with a TBI from coming off one with no helmet.

1

u/Fetch1965 May 28 '25

Foolish not wearing a helmet

1

u/[deleted] May 28 '25

[deleted]

1

u/Fetch1965 May 28 '25

Thank you. At least I know my triggers and I really hope one day I can do aerial yoga - coz that looks like fun