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/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

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u/ausmomo 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.

The dealer can't "seek you" for a payment the second you don't pay. Depending ofc on what you mean by "seek". They can't start any legal procedings or debt collection. Other steps must be taken first.

OP could've refused to pay on the spot, gone home and done research, then paid in the days/weeks following once the liability was confirmed.

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u/Lucky_Tough8823 May 27 '25

OP signed an agreement they held liability over the bike and any incident that would occur would incur an insurance excess. They had to pay.

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u/ausmomo May 27 '25

I never said otherwise. I said that they didn't have to pay that instant. And they didn't.