Sorry to hear about what happened David.
Here is some information from Jonathan Coyle and myself which you may find useful re the damage to your bike.
Damage or loss of property
If your bike is damaged in a motor vehicle accident, you can make a claim against the driver of the vehicle that caused the damage to your bike.
At the scene of the accident you should ideally, take photographs of the vehicle that caused the accident, obtain the names, contact details of any witnesses and of the driver that caused the incident.
You are not obliged to report the accident to the police unless there is a claim for personal injury.
Your property damage claim has to be supported by evidence of the damage caused to the bike, or if the bike is a “write off”, a report that assesses the pre-accident value of your bike.
This assessment can usually be obtained from the bike store where you purchased the bike or a suitably qualified bike assessor.
Once you obtain the evidence of the pre-accident value of your bike, you should send a written demand to the driver at fault requesting payment of your claim.
If the driver has property damage insurance, usually the driver will pass any claim for property damage onto his or her property damage insurer, and the insurer will respond to your demand.
There is no obligation for the driver at fault to pass on a demand for property damage onto his or her insurer. All registered vehicles have CTP green slip insurance, however this insurance only applies to claims for personal injury. The CTP insurer will not respond to a property damage claim.
If the driver at fault does have property damage insurance, the insurer may dispute the claim on the basis of liability and/or quantum, or accept the claim.
If the driver does not have property damage insurance, you can still pursue the claim against the driver personally.
If the driver does not respond within a reasonable period, usually 7 to 14 days or so, you can commence proceedings in the Local Court of NSW.
Claims that are less than $10,000, are determined in the small claims division of the Local Court of NSW. Legal costs are capped at approximately $700 or so, if you obtain legal representation.
The rules of evidence do not apply in the small claims division and individuals can pursue their claims without legal representation. This process may take four or five months or so.
Once you have a judgement, you can enforce the judgement against the driver at fault.
Kind Regards,
Laura Green – Solicitor
Jonathan Coyle – Senior Associate
Level 8, 299 Elizabeth Street Sydney NSW 2000
PO Box 958 Darlinghurst NSW 1300
DX 11529 Sydney Downtown
T 02 9321 1000 F 02 9264 9605 W
http://www.masonblack.com.au
Mason Black Lawyers