Perth Western Australia I was involved in a traffic accident…

Question

Perth Western Australia

I was involved in a traffic accident of which I was at fault. Unfortunately no
insurance, so I would appreciate any information as to how i can better handle
this situation.
I received a bill for the replacement of the motor bike, helmet, motor jacket,
suit, repairs to laptop, and what seems to be an endless list, which are all
name brand labels, including shoes, belt, watch, shirt etc. Whilst i will be
responsible for making an offer on the obvious items, do i have to pay for all
of the above mentioned items? If so how can I judge what is a reasonable price,
currently they are asking $2000 for the above. They were asking $14,500 for the
motor bike and I have subsequently found out from the dealer that sold it to
them that the current retail value is $11,000.

The bike was held in storage for some weeks, the people involved were asked the
same question as us, which was, what do you want to do with the bike? Both my
car and the bike were right offs, but they wanted the bike returned to them, and
they want us to pay for extra storage and delivery to their home at a sum of
$800...am i expected to pay for this as well. It was their choice to keep the
unrepairable bike, and the wreckers did tell them they would dispose of it for
free. Can I demand the wreck so that I can dispose to the wreckers to recoup
some expenses?
All the correspondence from them is from a large Legal Firm in Perth and they
are Associate Members, so I am constantly getting demands and time limits.

They are sending me letters from their lawyers with the last paragraph stating
"Our clients reserve their rights in respect of any additional loss or damage
which they may incur as a result of the crash, including but not limited to
disposal costs in respect of the motorcycle and loss of income".
Given 3rd party will pay compensation, is there anything I should be doing to
protect myself from the last paragraph.
I am on a single income and will find any lump sum payment very difficult. What
is the process I will be subjected to if I need to pay this sum on a payment
system. Can I offer some as cash and some on a monthly basis?
thanks for any help.

Leon · Accepted Answer

Chat Conversation Started
Leon Rizos :

HI Customer [/profile.asp?PF=50634587]

Leon Rizos :

firstly do you agree with the damage caused and that all the items claimed are
fair?

Leon Rizos :

do you believe that the motorbike was a right off and that it cannot be
repaired?

Leon Rizos :

HI Customer [/profile.asp?PF=50634587]

Customer :

Given that they have over claimed for the motorcycle by $3500 I am not sure
whether or not all items claimed are legit.

Customer :

I belive the bike was a right off

Customer :

His bike was not insured. If it was could he claim for the extras and would an
insurance company pay out on them

Leon Rizos :

Hi Customer [/profile.asp?PF=50634587]

Leon Rizos :

in that case you should ask to have a look at the items they are claiming

Leon Rizos :

you have a right to also come back with a counter offer

Leon Rizos :

you do not have to pay what they ask

Leon Rizos :

once you assess the damage you have a right to offer them something.

Leon Rizos :

any offer you need to make sure is on a Without Prejudice basis so that if the
matter goes to court they cannot use your offers against you.

Leon Rizos :

I hope this is of assistancxe

Customer :

The bike was held in storage for some weeks, the people involved were asked the
same question as us, which was, what do you want to do with the bike? Both my
car and the bike were right offs, but they wanted the bike returned to them, and
they want us to pay for extra storage and delivery to their home at a sum of
$800...am i expected to pay for this as well.

Customer :

It was their choice to keep the unrepairable bike, and the wreckers did tell
them they would dispose of it for free. Can I demand the wreck so that I can
dispose to the wreckers to recoup some expenses?

Customer :

They are sending me letters from their lawyers with the last paragraph stating
"Our clients reserve their rights in respect of any additional loss or damage
which they may incur as a result of the crash, including but not limited to
disposal costs in respect of the motorcycle and loss of income". Given 3rd party
will pay compensation, is there anything I should be doing to protect myself
from the last paragraph. I am on a single income and will find any lump sum
papyment very difficult. What is the process if I need to pay this sum on a
payment system. Can I offer some as cash and some on a monthly basis?

Customer :

Given the value of the bike at 11k and the rest at approx 2k. In you experience
what value would be a good starting point for negotiations.

Customer :

The bike was held in storage for some weeks, the people involved were asked the
same question as us, which was, what do you want to do with the bike? Both my
car and the bike were right offs, but they wanted the bike returned to them, and
they want us to pay for extra storage and delivery to their home at a sum of
$800...am i expected to pay for this as well. It was their choice to keep the
unrepairable bike, and the wreckers did tell them they would dispose of it for
free. Can I demand the wreck so that I can dispose to the wreckers to recoup
some expenses?

All the correspondence from them is from a large Legal Firm in Perth and they
are Associate Members, so I am constantly getting demands and time limits.

They are sending me letters from their lawyers with the last paragraph stating
"Our clients reserve their rights in respect of any additional loss or damage
which they may incur as a result of the crash, including but not limited to
disposal costs in respect of the motorcycle and loss of income".

Given 3rd party will pay compensation, is there anything I should be doing to
protect myself from the last paragraph.

I am on a single income and will find any lump sum payment very difficult. What
is the process I will be subjected to if I need to pay this sum on a payment
system. Can I offer some as cash and some on a monthly basis?

Customer :

Some parts of my initial question you haven't covered. Thanks

Customer :

Some questions not answered in your brief reply.

The bike was held in storage for some weeks, the people involved were asked the
same question as us, which was, what do you want to do with the bike? Both my
car and the bike were right offs, but they wanted the bike returned to them, and
they want us to pay for extra storage and delivery to their home at a sum of
$800...am i expected to pay for this as well. It was their choice to keep the
unrepairable bike, and the wreckers did tell them they would dispose of it for
free. Can I demand the wreck so that I can dispose to the wreckers to recoup
some expenses?

They are sending me letters from their lawyers with the last paragraph stating
"Our clients reserve their rights in respect of any additional loss or damage
which they may incur as a result of the crash, including but not limited to
disposal costs in respect of the motorcycle and loss of income".

Given 3rd party will pay compensation, is there anything I should be doing to
protect myself from the last paragraph.

I am on a single income and will find any lump sum payment very difficult. What
is the process I will be subjected to if I need to pay this sum on a payment
system. Can I offer some as cash and some on a monthly basis?

Given the bike is worth 11k and the extras 2k In your opinion what would be a
good level to start offers.

Leon Rizos :

HI Customer [/profile.asp?PF=50634587]

Leon Rizos :

do you know what the third party has paid or will pay?

Customer :

What is paid for is on this website.
http://www.icwa.wa.gov.au/mvpi/claims/mvpi_pi_what.shtml
[http://www.icwa.wa.gov.au/mvpi/claims/mvpi_pi_what.shtml] The driver of the
motor bike is a University Student.

Customer :

mick

Leon Rizos :

He was injured?

Customer :

Yes, quite extensive injuries which he is now almost back to normal

Leon Rizos :

ok those payments do not cover the damage to the motorcycle

Leon Rizos :

your CTP insurance on your registration would take care of them

Leon Rizos :

In relation to the payments for the damage to the motorbike

Leon Rizos :

etc

Leon Rizos :

if you believe that the amounts claimed are fair then you can confirm thay are
and offer to make a payment plan

Leon Rizos :

If they do not agree and decide to sue you then you will need to consider
admitting the debt and asking the court to make a payment plan order for you.

Leon Rizos :

If you do not agree with the amount then you will need to get information
yourself about what it would cost to replace the damaeg items

Leon Rizos :

Submit that amount to them and also the payment plan you wish to put to them

Leon Rizos :

if they then sue you, you will need to go to court and show them your values and
argue with them about the correct amount.

Leon Rizos :

I hope this is of assistance

Customer :

What about the last para where they 'reserve the right in respect of additional
loss or damage which they may incur as a result of the crash, including but not
limited to disposal costs in respec of the motorcycle and loss of income' What
can I do in the negotiations to eraticate that part. I would hate to think they
could come at me again at a later date.

Leon Rizos :

if you reach an agreement you will both need to sign a deed of release

Leon Rizos :

This is a document where they accept what you give them as full and final
settlement of any claim they may have against you and that they will not file
any further claim relating to this accident

Leon Rizos :

if they do you can use the release in court to stop them

Leon Rizos :

you really should have a Solicitor acting for you if it gets to that point to
make sure that you are covered.

Leon Rizos :

Any offer you make you must advise them that it will be final and they waive any
other claim that they may have

Leon Rizos :

also make sure that any offer you put in writing has the words "WIthout
Prejudice" at the top so that they cannot show the court and use it against you
if the court decides to make a lower award for damages.

Leon Rizos :

I hope this is of assistance and if so please click on the accept button

Perth Western Australia I was involved in a traffic accident…

How JustAnswer works

JustAnswer in the News:

What Customers are Saying:

Meet the Experts: