quick question? | GTAMotorcycle.com

quick question?

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suzukisteve

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Well, I seem to have a problem. A friend of mine's sister backed over my bike with her car approx 2 weeks ago. I know it was stuuuupid of me but I didn't file a report or call insurance and she promised to pay cash...being a close friends sister I took her at her wor and needless to say it was a bad idea. My mechanic said all in it would be betweent 500 and a thousand dollars to repair it. Wouldn't be as big of a deal if I wasn't planning to sell it in the next few weeks/months. My question is, is it too late to go through insurance at this time or am I **** out of luck? Thanks for any help!
 
Send a PM to Platinum_Cycle.

If you make a claim, then your sister's friend's record will be adversely affected. Your sister's friend would be stupid not to pay a mere $500-$1000 to make this go away.
 
Hey! Thanks for the reply .....would this not raise my raTes as well? THey just finally came down because I just turned 25 and I would like to keep them down. Even though its been 3 weeks would I be able to file a claim that will not raise my rates @ well? I'd rather bite the bullet on repairs than on years of insurance....never really had to deal with a situation like this before and I am not 100 percent on the rules... Thanks again for your time
 
Go to her and say that she owes you $xxx and has to pay you be xxx date. If she isn't going to pay then screw her and do insurance. Your rates will not be affected as she is at fault.

Personaly I would just go through insurance if you have already given her the chance.
 
Thabks for the advice I guess ill give the ins company a call tomorro, I've heard conflicting things about whether or not my rates will go up so I was hesitant to call my insurance. Lesson learned I guess lol won't try to be a nice guy next time...... I'm also from burlington btw lemme know if you want to go for a rip sometime.....probably next season haha this ones almost done :s. Thanks again! Cheers
 
Almost isn't completly done. Shoot me a PM where abouts in Burlington you are. Basic rule of thumb is if you aren't at fault then your rates wont go up. You just have to figure out if you would be considered at fault in the insurance industrys eyes.
 
ATTS said:
Almost isn't completly done. Shoot me a PM where abouts in Burlington you are. Basic rule of thumb is if you aren't at fault then your rates wont go up. You just have to figure out if you would be considered at fault in the insurance industrys eyes.
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If you are less than 25% at fault, then your insurance rates absolutely cannot increase as per the Insurance Act. The Gov't mandates the Fault Determination Rules and they can be found here:

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

Send a PM to Platinum_Cycle (a claims adjuster) and he will tell you what you should do.
 
If she backed into your parked bike, most likely this is going through DCPD with a $0 deductible unless you added a deductible. You would also need her insurance information to go this route, which you should of collected any ways as a fail safe. It should be no-fault and have no direct bearing on your rates.

As for the time requirement for reporting damages, it says right in the Ontario insurance owner's policy that you have 7 days to notify the insurer in writing (or by phone) of the incident. Exception of course is if you are unable to do so due to a serious injury for instance where you are bed ridden. This doesn't necessarily mean that the adjuster will deny a claim if you didn't report it within the 7 day limit, but it does give them an out clause if they feel suspicious of the claim and don't want to pay. In the future, follow the 7 day requirement to be safe. The notification does not necessarily mean you are filing a claim right then and there, at least so I believe. The wording is such that the 7 day notification period is at the very least, a precondition for filing a claim with your insurer.
 
in terms of the police report you only need to tell them if the combined damage is over $1000. which it most likely is not so dont worry about that.
 
Just curious how this would work.
Let's say someone hits your vehicle and says they're going to pay cash to fix it. Then they delay the deal for over 7 days and then say "Sorry, changed my mind."
Have you walked away from your rights and you have to sue them?
Court is a pain. If I understand it correctly, first you have to win your case and hope the judge isn't influence by some sob story. If you win the judge says the defendent should pay but if they don't it's seperate deal to collect. You have to fight to get paid.
 
nobbie48 said:
Just curious how this would work.
Let's say someone hits your vehicle and says they're going to pay cash to fix it. Then they delay the deal for over 7 days and then say "Sorry, changed my mind."
Have you walked away from your rights and you have to sue them?
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I wrote my previous post from experience. My car was hit and the other driver wanted to settle outside the insurance. Even still I got their license and insurance info before even discussing any type of possible financial agreement. Protect yourself first. The next business day I got an estimate from a shop and called the driver back and told them I needed cash or certified funds in hand within 48 hours. They refused and instead wanted me to take my car to a shop owned by a "relative". I said no deal and I'm calling my insurer. When I spoke to the adjuster she asked why I didn't claim right away, even though I still had a couple more days before the 7 day limit. I told her straight-up that I was giving the other driver a chance to pay. The adjuster understood and called me back within the hour to tell me that my claim would be settled and where to take my car.

As for walking away from your rights if you fail to notify within 7 days, it is up to the adjuster to assess all the facts and make that determination. I doubt that if you were a couple days late with good reason, that they would just outright deny your claim without further investigation. Notify them 6 months after and you're really hurting your own chances.
 
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Allright guys thanks again for the help. Talked to a friend who works @ state farm and he says basically that I am s.o.l. Due to the fact that it happened in her driveway..... Soo lesson learned, never park behind cars and pick friends better :) guess I have a winter project now :S
 
suzukisteve said:
I am s.o.l. Due to the fact that it happened in her driveway.....
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Why would this matter? So if I had my bike parked in my driveway or a friend's and some driver pulled in to turn around but didn't see my bike and hit it, I'd be s.o.l.? Doesn't seem right. Call your actual insurance agent for a second opinion.
 
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Boom King said:
Why would this matter? So if I had my bike parked in my driveway or a friend's and some driver pulled in to turn around but didn't see my bike and hit it, I'd be s.o.l.? Doesn't seem right. Call your actual insurance agent for a second opinion.
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I agree. Send a PM to Platinum_Cycle to get a professional opinion on the matter.
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