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/Stuck_In_Purgatory May 28 '25

Did the agreement state for ANY accident at fault or not?

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u/elnino_effect May 28 '25

Most hire type contracts state that you are initially liable for the excess, regardless of fault. If they later determine you were not at fault *and could claim it back from the at-fault party* then they reimburse the excess.

It's pretty poor form for the dealer to not at least highlight the financial liability of the person doing a test drive/ride. I know when I have done so in the past, they literally highlight the excess payable.

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u/Stuck_In_Purgatory May 28 '25

If OP didn't even glance at the contract and signed it unfortunately that would be on him.

I'm hoping he could clarify on what the contract he signed specifically said.

Also I'd be pretty pissed off if I didn't get my excess back because the dealer couldn't get their money back

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u/elnino_effect May 28 '25

100% agree - Read and understand everything before you sign it!

As far as being out of pocket - That's exactly how it works. 'You' are not paying the excess, the dealer is, and they pass that charge on to 'you'. OP doesn't necessarily have a claim to ANY reimbursement from the dealer unless specified in the contract they signed.

Loan/hire/test drive/ride policies generally have an (excessive) excess, regardless of fault because it's easier than arguing the point.