Civil Lawyer property damage questions
Hi, I’m in a bit of a weird boat. Saturday night I was in an accident where I was cut off and T Boned a BMW on the Great Western. I lost consciousness and when I came to I was in a neck brace, hip brace and on a spinal board before going in an ambulance. I didn’t speak to the other driver at all. Police were on the scene and got the other driver’s name, date of birth and license plate and that’s all. I’ve got no idea what details of mine have been given to him. The other driver told police he did have comprehensive insurance and he was at fault so I’d be covered by his insurance. I’ve got no idea how bad the crash/damage was for him, I just know my bike is a write-off. I’ve logged a CTP claim against his CTP insurance. I’ve got no insurance either Third Party or Comprehensive as I had it set on direct debit/auto renewal and it simply expired in March and I just never realised (like an idiot). Is there any way for me to chase up him/his insurance/compensation with the details I have? Will logging the CTP claim automatically pass my details onto him and trigger his comprehensive?
Hi traffic lawyers, just got involved in an accident today. I was coming straight up a road when an Audi stopped on the left kerb side, decided to pull right and turn into a driveway. My instant reaction was to brake and buffer towards the right but unfortunately, that still wasn’t enough to save the day and I ended up t-boning his right. The guy claims he’s not in the wrong as he should only be looking forward not backwards. For context. The road is suburban and can fit just about 4 cars across. So from my understanding cars on the kerb are considered like parked cars. Whose is right here? What can be done?
Looking for some advice re: an insurance situation I’m caught up in. Late last month an older lady knocked me off my MT-09 SP motorbike by running into a roundabout, I took a small tumble and banged up all my gear and my bike. The bike was determined to be an economic write-off, all the fairings were scratched up etc. My issue is mostly regarding my gear. The cost to replace everything that was damaged is $1700, but the lady’s insurance company Allianz is only willing to pay $1355, citing 20% depreciation and a magistrate most liking ruling in their favour. Is it worth fighting them on this? Has anyone been involved in a similar situation? My insurance company QBE has been completely useless in my situation, their motorcycle claims department has not been open for 3 weeks. I’ve only got third party with them anyway so not sure if they’ll even represent me. Thanks in advance.
I heard someone say that failing to wear motorcycle gear can reduce your compensation amount in a lawsuit. This is an interesting insight into the legal repercussions of failing to wear your motorcycle gear; is it completely true?
So yesterday I got hit by an expensive Mercedes on a roundabout and it was his fault he admitted on the spot. However no witnesses or cameras. Me and the bike are fine but his car is pretty messed up (and his licence looks a bit dodgy lol) I do not have insurance (but i don’t think that would help since I’m not making a claim or at fault). I just wanna know how I can cover myself in case he accuses me or his insurance says it was my fault (it has happened before). Thanks
Motorbike accident questions
I need some advice. I was travelling in the right lane of two lanes. The left lane had a parked car and the van travelling in the left lane approaching the parked car moved over into my lane and hit me and failed to stop or exchange details. I went to the police and made a statement but the officer told me that if I wasn’t in front of the van then the van has right of way. I thought he should be giving way. Thank you!!
So my bike gets knocked over yesterday by a taxi. The bike is in very bad Shap would say it’s a wright off [write off]. The taxi driver goes and drives off but someone got his number plate and the company he works for. So I ring up and told them what happened and he tries to delete it from the on board computer. Which then I say you can track him through his GPS. So they do find out this happened. So no I want his details so I can talk to him and see what he is going to do about paying for my bike. The taxi company say they can’t give me his details to get to the police. The police tell me that they can’t get involved as it’s the taxi company will have to pay out if the driver doesn’t. I ring back and ask again very nicely if I could have the driver’s details and I get back “I have been told this three times, I told you to go to the police”. I would love a little bit of help would be very appreciative. Thanks
Motor Vehicle Accident Compensation Claim for motorbike
Hey, Im wondering if anyone has any advice and guidance around a recent motorbike accident I had.
On Cumberland x Horsley drive accross frangos, I rode between the parked cars and the stationary cars at the red light, but as I was approaching the lights riding within the 30kmh limit, a parked car opened their door and I hit the door and other cars before I fell.
Broke a thumb and foot. Who is at fault? I am aware of road rule 269(3) but the police wants to claim its solely my fault.
Third-party insurance
What is the importance of having at least third party insurance? I met a rider early today and he said he will never hit a car so having insurance is a “waste of money”. Remember, when life shits on you, it’s partly your fault for being born. Reminds me of the scene from Billy Madison when he answers the question wrong and makes everyone dumber for having listened to it.
I need some advice for a fellow rider who earns money in the legal field. On Australia day someone backed into my bike with my lid hanging off the bars. We know legally once a helmet is dropped it must be replaced. The bike isn’t bad but there is a mark on the crankcase and Oggy knob and I can’t get the mirror to stay in position anymore. Irreverent but this is also my first ever new bike after 20+ years of riding. I don’t have comprehensive insurance, only CTP and third-party property. The helmet on its own is $1500. the driver WATCHED me park the bike and had almost 4 metres in front to drive straight out. I have heaps of pictures and a video stepping out of the void in front of her car. What do I do?
Quick guidance for these scenarios in NSW
- CTP vs comprehensive: Compulsory Third Party covers injury, not bike or car damage. Property damage is handled by the at-fault driver or their comprehensive policy. See SIRA and Service NSW CTP info. For legal help on both injury and damage disputes, speak to our personal injury and traffic law teams.
- Roundabouts and turning from the kerb: Drivers leaving the kerb or turning across traffic must give way if it is not safe. Review roundabout rules and give way rules.
- Opening car doors: It is an offence to open a door if it is unsafe. See Road Rules 2014, s 269. Evidence like photos and witness details help allocate fault.
- Depreciation on gear: Insurers often reduce payouts for age and wear. If you disagree, request the basis for depreciation in writing and escalate to the AFCA if needed.
- Not wearing protective gear: In some claims, compensation can be reduced for contributory negligence if failure to wear reasonable gear increased loss. This depends on the facts and medical evidence. Get advice early from our injury team.
- Hit and run or failure to exchange details: Report to NSW Police and record the event number. Taxi or rideshare incidents should also be reported to the operator. Claims may be made against the at-fault driver or their employer’s insurer.
What to do after a crash in NSW
- Get the event number from police, the other driver’s name, licence and plate, and take photos. Use the Service NSW portal for some transactions and checks.
- For injuries, lodge a CTP claim with the at-fault insurer. Start with SIRA and keep all medical certificates and receipts.
- For bike or gear damage, write to the at-fault driver or their insurer with quotes, invoices and proof of value. Template guidance at LawAccess NSW.
- If liability is disputed, request the insurer’s reasons in writing and consider an independent assessment. Escalate complaints to AFCA.
- If uninsured, you can still pursue the at-fault party for your reasonable losses. Our civil team can draft letters of demand and negotiate recovery: civil disputes and contact.
Evidence checklist for riders
- Photos of the scene, vehicle positions, skid marks, debris and signage. Consider safe dash cam placement; see NRMA tips.
- Witness names and numbers, police event number and any ambulance details.
- Repair quotes, market value evidence and receipts for gear and accessories.
- Helmet replacement policy and medical records if you suffered injury.
Talk to a Sydney civil lawyer today
Property damage and injury rules are technical and deadlines apply. For clear advice on liability, CTP, depreciation disputes and uninsured recovery, call (02) 8806 0866 or explore our traffic law, personal injury and civil law services.
