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OzSTOC Ride Reports, Pictures & Videos => RIDE REPORTS => Topic started by: JC on October 14, 2014, 01:29:08 AM

Title: my ST1300 is now classed as a "RWO"
Post by: JC on October 14, 2014, 01:29:08 AM
While riding 20,000km in 40 days on the Black Dog Ride Around Australia 2014, the only problems encountered with the ST1300 were rear tire wear and minor damage from a kangaroo strike.

10 days after getting home, I went on the Ulysses Memorial Ride, which was a "short" run to Forrest Beach for lunch on 14 September. Unfortunately, I never made it home that day, due to an incident that involved a drop side type of gate that had become detached from a truck going the other way, colliding head-on with the ST and then wrapping around the right hand side, crushing my foot and trashing all the plastic bits on the way before exiting through the pannier.

I now have multiple breaks and hairline fractures, as well as lots of small bone chips in my right foot.

The ST is to be written off, due to some dodgy dealing between the assessor, RSH and Swann Insurance.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: saaz on October 14, 2014, 02:22:12 AM
Glad you survived that one!  It is always a worry when I see loads on trucks and trailers like that, as not much you can do if something suddenly detaches itself.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: gaz on October 14, 2014, 03:36:40 AM
Glad you survived that one!  :clap
Title: Re: my ST1300 is now classed as a "RWO"
Post by: ST2UP on October 14, 2014, 04:24:20 AM
WOW.....with a smattering of Oh CRAP !! You just don't every really know do you  :think1


Really glad to here you are mostly ok  :-++


What's your replacement bike plans JC ??



 :beer
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Wild Rose on October 14, 2014, 06:48:54 AM
Sorry to hear about this JC, it can happen to any one of us  :'(
It's just great you are still here to tell the story  :thumb
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Shiney on October 14, 2014, 06:59:30 AM
Very sad news, I'm glad you survived. All the best for a speedy recovery mate :thumb
Title: Re: my ST1300 is now classed as a "RWO"
Post by: nate on October 14, 2014, 07:16:18 AM
DMAN JC, glad you're ok mate.  Why do you say dodgy dealings with the assessor, RSH (?) & Swann?  I'm insured with Swann and if they are up to dodgy dealings (ok most insurance companies are), then I'll rethink my policy..  Are you able to expand on this?

Hope you're back on the road again soon.

Nate
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Abe on October 14, 2014, 07:19:47 AM
Speedy recovery JC

Title: Re: my ST1300 is now classed as a "RWO"
Post by: Brock on October 14, 2014, 08:31:01 AM
Dont bother buying a lotto ticket, your luck is all used up...

I hope they got the truck that dropped that gate, and that his insurance covers replacement jocks.

That you only damaged your foot is a miracle, get well soon.  The bike is probably written off due to the cost of replacement fairings, lights , front wheel, forks and so on.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: JC on October 14, 2014, 08:38:33 AM
DMAN JC, glad you're ok mate.  Why do you say dodgy dealings with the assessor, RSH (?) & Swann?  I'm insured with Swann and if they are up to dodgy dealings (ok most insurance companies are), then I'll rethink my policy..  Are you able to expand on this?

Hope you're back on the road again soon.

Nate

It seems that the actual damage may not have been enough to write the bike off, so it looks like the seemingly untouched/undamaged muffler and top box were added in to the quote to be sure. Have a look through these PDF files and you should be able to see why I have questioned why these items have been included as requiring replacement, on the quote. There are other, lesser items like the handles and lock for the pannier that are totally untouched/undamaged and don't require replacement, too.

None of the parties have been able to say why the muffler and top box were included, but all seem to be refusing to take them out of the quote, "just in case"???

Initially, the assessor and Swann were saying that my first claim for the Kangaroo damage would not proceed, as the second covered the same parts, but yesterday Swann called me to say that I needed to pay the excess on the first claim, anyway. They even "suggested" that I may like accept the blame and to pay the excess for the second claim, until they received the police report and pursued the truck driver for the damages suffered in that incident. I suggested that they might like to wait for the report, before I even accept the first excess.

Title: Re: my ST1300 is now classed as a "RWO"
Post by: Biggles on October 14, 2014, 09:41:50 AM
With over 14 grand in repairs, they probably figure it's easier just to write it off.
If they will release the wreck to you for a modest price you could rebuild it for half that based on the recoverable bits and without the labour.
Was it insured for Market or Agreed value?
Title: Re: my ST1300 is now classed as a "RWO"
Post by: alans1100 on October 14, 2014, 09:59:01 AM
Heather and I both glad your ok and here to tell the tale.




Title: Re: my ST1300 is now classed as a "RWO"
Post by: JC on October 14, 2014, 11:44:07 AM
With over 14 grand in repairs, they probably figure it's easier just to write it off.
If they will release the wreck to you for a modest price you could rebuild it for half that based on the recoverable bits and without the labour.
Was it insured for Market or Agreed value?

Yes, if they can write it off based on the second incident, they can recover all of their costs from the truck driver, sell the bike for a few thousand at auction, charge me the $400 excess for the pre-existing damage and retain the remaining 8 months worth of policy premium. I also lose the remaining 8 months of the factory warranty and some registration fees.

The reserve salvage price for the bike at auction has apparently been set somewhere above $2500.

The payout to me will be $16,650 - any excess that they can enforce
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Nigel on October 14, 2014, 11:59:51 AM
I think you will find that in today's climate, insurance values run about 70% before they write it off. Vehicle values drop so rapidly that its very easy these days to see cars written off just for hail damage because its cheaper to pay out the claim, than repair......More importantly though that you walked away from both incidents....well done and more good luck to come your way......................................  :wht11
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Biggles on October 14, 2014, 12:35:30 PM
Yes, if they can write it off based on the second incident, they can recover all of their costs from the truck driver, sell the bike for a few thousand at auction, charge me the $400 excess for the pre-existing damage and retain the remaining 8 months worth of policy premium. I also lose the remaining 8 months of the factory warranty and some registration fees.

The reserve salvage price for the bike at auction has apparently been set somewhere above $2500.

The payout to me will be $16,650 - any excess that they can enforce

It might be a win-win (apart from your smashed foot!)  If you can pick up the wreck for $2500 and another very good ST13 for $12K you'll have a heap of good spares to use/sell.

If you're into litigation, the truck's insurers would be fair game for any lawyer chasing compensation for your physical injuries, loss of income etc etc.

Visions of what might have been if you were hit higher up don't bear thinking about.  Very pleased the bike took most of the hit!
Title: Re: my ST1300 is now classed as a "RWO"
Post by: WendyL on October 14, 2014, 01:20:52 PM
Wow!  So glad you're ok, could have been so much worse!
Title: Re: my ST1300 is now classed as a "RWO"
Post by: tj189 on October 14, 2014, 01:37:33 PM
glad you survived that one JC
Title: Re: my ST1300 is now classed as a "RWO"
Post by: alans1100 on October 14, 2014, 02:02:03 PM


Yes, if they can write it off based on the second incident, they can recover all of their costs from the truck driver, sell the bike for a few thousand at auction, charge me the $400 excess for the pre-existing damage and retain the remaining 8 months worth of policy premium. I also lose the remaining 8 months of the factory warranty and some registration fees.


Not sure why they'd charge the access when they haven't yet paid out for a repair from your first incident. I'd be seeking more info on that. Recovering costs from the truck driver means no loss to your insurance company even with the first claim pending. But what would we know.

I'd check with your local rego office about those fees......you might be able to cancel since the bike is a write off.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Carsten on October 14, 2014, 06:01:12 PM
Glad to see you're alright.  Would like to know how the insurance pans out.  I am also with Swann
Title: Re: my ST1300 is now classed as a "RWO"
Post by: STeveo on October 14, 2014, 06:12:21 PM
Glad to know your on the mend JC.
Re the rego; after getting a letter from Shannon's to tell me the 1100 had been written off, I went to cancel the rego and get something back. The rego only had four months to go and I was going to get a refund of $27.00, then they told me the cancellation fee was $28.00!!!! I walked out without paying them the dollar.
When I cancelled the green slip I received $67.30.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Brock on October 14, 2014, 06:24:56 PM
In WA, if you cancel the rego, you get a refund, not fees. CTP is included in the rego
Title: Re: my ST1300 is now classed as a "RWO"
Post by: alans1100 on October 14, 2014, 06:52:50 PM
In WA, if you cancel the rego, you get a refund, not fees. CTP is included in the rego

The same in SA
Title: Re: my ST1300 is now classed as a "RWO"
Post by: ST.George on October 14, 2014, 07:31:23 PM
Glad to hear you've come out of it without serious injury, JC.  :thumbsup

Hopefully the insurance brings some kind of worthwhile compensation for all your travails coz there seems 2 be no clause in any insurance policy that says "This situation was not caused by the victim - is there any way we can speed the process up and get this guy back on his feet quickly again". Sure there's plenty of policies that promise u a quick and satisfactory result but ...
Yes, I know that's the job of a good assessor - but whether u get a good 1 or not is like playing the pokies.
 :o
Title: Re: my ST1300 is now classed as a "RWO"
Post by: JC on October 14, 2014, 10:30:23 PM
Yes, I will get a "partial" refund from the Rego.

A compensation claim against the CTP insurance should payout about $20,000+ for present pain and suffering and then possibly more, depending on the long term problems that will affect employment and lifestyle, that can be foreseen by the medical experts.
My legal fees will be about $5,000 out of anything I get awarded, though.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Gadget on October 15, 2014, 06:05:44 PM
Glad to hear your OK JC and hope you have a full recovery.

Shame about the bike though.  I'm also with Swann and did $9,750 damage to the bike I paid $12,750 for and they repaired it, paid out for my Jacket and helmet too.

Title: Re: my ST1300 is now classed as a "RWO"
Post by: youngSTer on October 16, 2014, 08:37:38 AM
Hi There,
Make sure that you get a good lawyer as there are plenty of Cowboy's out there.

Don't go down the "No Win No Fee" road as they just rip you off.

I had one who took 55% of the payout. They added all the paper work and extra consultants for "opinions" should read bullshit.

Anyway the insurance company refused to pay as the German Shepard that took me off was covered under a 1885 English law that said "That the animal has had to have shown propensity to attack" and as this was the first time for this dog, NO COVER.

Also ask for far more than you could even imagine as there may even be more problems as you get older.

Here ends my rant.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: JC on October 16, 2014, 11:26:53 AM
Glad to hear your OK JC and hope you have a full recovery.

Shame about the bike though.  I'm also with Swann and did $9,750 damage to the bike I paid $12,750 for and they repaired it, paid out for my Jacket and helmet too.



That seems to have worked out OK, then. Can you recall what the insured value on the policy was at the time?

I'll be getting a new pair of boots added in to my payout.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: JC on October 16, 2014, 11:30:43 AM
Hi There,
Make sure that you get a good lawyer as there are plenty of Cowboy's out there.

Don't go down the "No Win No Fee" road as they just rip you off.

I had one who took 55% of the payout. They added all the paper work and extra consultants for "opinions" should read bullshit.

Anyway the insurance company refused to pay as the German Shepard that took me off was covered under a 1885 English law that said "That the animal has had to have shown propensity to attack" and as this was the first time for this dog, NO COVER.

Also ask for far more than you could even imagine as there may even be more problems as you get older.

Here ends my rant.


Current Legislation states that legal fees cannot exceed 50% of any payout, so No Win, No Fee arrangements are now actually safer for the claimants in borderline cases and the legal fraternity will not go that way unless they are pretty well guaranteed of a win big enough to cover their fees.

I sought initial advice from Luke Shannahan http://www.wrg.com.au/personal-injury-public-liability-claims, (http://www.wrg.com.au/personal-injury-public-liability-claims,) but may yet go with Connolly Suthers, as they have a QLS Accredited Specialist in Simon Turner.
Title: Re: my ST1300 is now classed as a "RWO"
Post by: Gadget on October 16, 2014, 08:46:19 PM
Glad to hear your OK JC and hope you have a full recovery.

Shame about the bike though.  I'm also with Swann and did $9,750 damage to the bike I paid $12,750 for and they repaired it, paid out for my Jacket and helmet too.



That seems to have worked out OK, then. Can you recall what the insured value on the policy was at the time?

As I'd only had the bike 13 days when I threw it down the road it was just a tad under the purchase price.

I'll be getting a new pair of boots added in to my payout.