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Scooter Accident -- Advice Appreciated

Last post 11-05-2017 11:19 AM by INMA. 23 replies.
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  • 07-17-2017 12:53 AM

    • Lethe
    • Not Ranked
    • Joined on 09-14-2013
    • Posts 15

    Scooter Accident -- Advice Appreciated

    Today (EDIT: Yesterday!) I was involved in an an accident with another vehicle.

    I was travelling north at 60km/h along a four lane road (two lanes each direction). The other vehicle, a four-wheel drive, entered the intersection from the east (i.e. from the far side of the road from my perspective), travelling west to the corresponding side-street. The intersection had no traffic lights, and I believe that the other driver was facing a STOP sign. I braked on recognising the imminent collision, and impact occurred at what I would estimate to be 15km/h, possibly a little more. The front of my scooter struck the rear door of the four-wheel drive at a 90-degree angle or close thereto.

    Following the collision, I was able to right the scooter and wheel it to the sidestreet. I noticed immediately that my knee was sore, but functional. The other driver was unhurt. We exchanged details. The damage to his vehicle consisted of a dent and scratches to the door panel, and dislodgement/warping of the panel immediately beneath the door. On visual inspection the major damage to my scooter seemed to be to the front plastics -- cracks, dislodgement, warping, etc. -- however upon attempting to the ride the scooter I was concerned by various rattling, rubbing, scraping noises, particularly upon use of the front brake. I think these noises are likely from the damaged plastics, but the steering also feels slightly off and I suspect may have become misaligned in the crash. In any case I managed to ride the scooter home slowly -- a distance of about 5km.

    Upon arriving home I realised that my upper forearm and inner elbow were sore also. I contacted SA police and was informed that, because an injury occured in the crash (bruises count as injuries, apparently) I had to make a report in person. I did so, and obtained a Vehicle Collision Report number.

    The driver of the other vehicle contacted me a few hours later to enquire of my wellbeing, and I informed him of my actions and my plans to take the vehicle to a crash repairer for a quote. I also plan to visit the GP.

    My vehicle and I are uninsured (besides compulsory third-party insurance), while I believe the other vehicle is insured. My scooter is a 2008 TGB 303RS 125, I am based in Adelaide and have a motorcycle license with no demerit points.

    Because this is my first scooter accident, and first vehicle accident, I would appreciate any advice regarding things I have missed, what I should expect, etc.

    Thanks for your time.

     

     

     

     

     

    1994 Honda SR50 > 2008 TGB 303RS 125 > 2001 Yamaha Majesty 250
  • 07-17-2017 12:07 PM In reply to

    • INMA
    • Top 50 Contributor
    • Joined on 03-19-2009
    • Posts 836

    Re: Scooter Accident -- Advice Appreciated

    First your scooter is written off, you might get something for the wreck or be able to repair it yourself.

    Its not clear who was in the wrong in the accident, I am not familiar with SA insurance issues but if you are responsible expect the car's insurance to get the money from you.

    If you are in the right, demand the scooter be repaired by the other driver in writing. Quotes will cost you, better to argue with the insurance company on the writeoff. Old scooters are not worth a lot, you might get $1000 if it was in excellent low mileage condition. Don't forget to claim clothes and helmet.

     

    2001 Yamaha Zuma, DR Evo 68 cylinder, Leo Vince TT derestricted, Delorto 17.5 (#98 jet), standard aircleaner, RMS fan, Race CDI, Standard oiler and premix @ 75:1 Shell SX2, Doppler SR3 variator, RMS clutch, RMS R rear shock absorber and Pirelli SL26 tyres.
  • 07-17-2017 01:09 PM In reply to

    Re: Scooter Accident -- Advice Appreciated

    NO INSURANCE YOU MUST BE MAD now that's of my chest glad you aren't too badly injured . Does the police report state the 4wd was at fault will they prosecute them . Maybe the first thing to do is get a quote for the scooter be it for a wright off or repair then get a solicitors letter demanding settlement and hope for the best

    Edit maybe go get pictures of the damaged scooter your damage crash site and stop sign have you got any witnesses ?

    Si ‘Thi’ later
  • 07-17-2017 02:23 PM In reply to

    • Lethe
    • Not Ranked
    • Joined on 09-14-2013
    • Posts 15

    Re: Scooter Accident -- Advice Appreciated

    Thanks for your replies.

    If I could afford insurance I wouldn't be riding a 125cc scooter! I made a Vehicle Collision Report at the police station in Adelaide. This consisted of a person at the front desk scribbling details on a blank piece of paper. I don't know if that's the usual procedure or just a Sunday afternoon special, but in any case I have no knowledge of any police report, assessment, or actions that may have been taken after my report. Certainly the lady who took my report gave no indication one way or another, though she did ask if the other driver was facing a STOP sign. Using Google Streetview, I can now confirm that he was.

    What happened (or rather, failed to happen) in the accident is represented by Example 2 here: http://www.austlii.edu.au/au/legis/sa/consol_reg/arr210/s67.html except that in this case we are speaking of an intersection between two side streets, each with STOP signs, and a major four-lane road signposted for 60km/h (i.e. the road that I was travelling on).

    Fault seems fairly clear cut. Facing a STOP sign, the other driver is obligated to give way to through traffic and only cross the intersection when it is safe to do so. Various sites say that if a vehicle *has* entered the intersection, then through traffic is obligated to give way, and that it may be contributory negligence if the other party has not attempted to brake or avoid a collision. In this case, however, I certainly did brake upon observing the other vehicle in the intersection, and reduced my speed from 60km/h to the final impact speed of ~15km/h. At the time we both acknowledged that the collision must have occurred at fairly low velocity, and the minor damage to the other vehicle weighs strongly against any subsequent attempt to claim otherwise. If the crash had occurred at anywhere near 60km/h we would undoubtedly be having a very different conversation (I would probably be in hospital for a start). As such, I can see little reason why the other party would not be held entirely responsible for causing the accident.

    Thanks for the advice regarding quotes. I quickly discovered that there are only two dealers in Adelaide who work with TGB, one of them wanted $120 to give a quote for crash repairs (which could be covered by the other party's insurer, but we haven't got to that part yet) while the other was happy to take a look at it for first impressions, and has now said he will chase up parts availability before offering a quote.

    I have been in regular contact with the other driver, he says that he has submitted a claim, and that he is waiting for the insurer to get in contact with him, after which I imagine they will shortly get in contact with me.

    Unfortunately there were no witnesses to the accident -- there was one bloke who stopped briefly, but upon seeing that we were both ok and vehicles able to be moved off the road to the side street, he left.

     

     

     

     

     

     

     

    1994 Honda SR50 > 2008 TGB 303RS 125 > 2001 Yamaha Majesty 250
  • 07-17-2017 02:24 PM In reply to

    Re: Scooter Accident -- Advice Appreciated

    I concur with the excellent advice given above. I feel that it is also essential that you go to Doctor as planned. You may find that bruising and other issues could set in after a few days, perhaps restricting you in your normal day-to-day duties.

    i'd even ask Dr for a brief report "Mr x presented to me on ( date) displaying ..( symptoms) etc"

    Aprilia 200ie
  • 07-21-2017 04:33 PM In reply to

    Re: Scooter Accident -- Advice Appreciated

    How is the claim going ?

    Si ‘Thi’ later
  • 07-21-2017 05:02 PM In reply to

    • Lethe
    • Not Ranked
    • Joined on 09-14-2013
    • Posts 15

    Re: Scooter Accident -- Advice Appreciated

    Hi guys,

    I don't have much to update, unfortunately. I visited my GP as planned, no dramas there. Now five days after the accident only my knee remains somewhat sore. I went for my first bicycle ride since the accident this morning and could certainly "feel" my knee, but no functional impairment.  I wasn't wearing proper riding pants with knee protectors at the time of the accident, though I did have all the other kit on. Makes sense that the knee was the thing to get a bit banged up! 

    I made first contact with the other party's insurance agency yesterday and have since supplied them with a description and sketch of the accident. They are seeking additional details from the other party prior to determining liability, so we haven't yet got to the point of talking about damages.

    Taking the bus again is fun! 

     

     

     

     

    1994 Honda SR50 > 2008 TGB 303RS 125 > 2001 Yamaha Majesty 250
  • 07-22-2017 09:44 AM In reply to

    • bradr
    • Top 25 Contributor
    • Joined on 01-13-2009
    • Nowra NSW
    • Posts 2,036

    Re: Scooter Accident -- Advice Appreciated

    Well , i'm in NSW , what i would have done is to call police & have them attend the scene , i pressume your traffic rules are same as ours in that you don't require police presense if there are no injuries/drink driving or failure to provide driver details , but you did have an injury , hopefully that knee & elbow are only bruised , however for the purpose of police presense you qualified as injured , i think its far better to have police there to take a report & statements from both party's , this limits the squirming ability of the offending driver & insurance company at a later stage as the offending drivers version of events WILL always be different to reality !.I am a NSW towtruck driver that attends heaps of accidents & you really have no idea the crap that goes on now as far as he did this/he did that etc between drivers at a later stage when one claims against the other for damages , i actually get insurance companies ring me to ask what i saw when i attended to pick up a vehicle , but obviously i see/hear nothing for fear of spending my working life in courts giving my 2 bobs worth as to what i saw/heard , i just tell em its not my poo fight & i'm not entering into it , this sort of thing only stated when police stopped attending most accidents , so in short my advice is , if you can possibly drum up some excuse to have police there , even if its a verry minor graze/sore spot etc , its an injury & that fits the criteria of police to attend , if the Ambulance rock up as a result , they will check you over , but remember you are under no obligation to go away by Ambulance unless you choose , and obviously the ideal is to have your own comprehensive insurance , as my father always told me , if you think you can't afford insurance , then you REALLY can't afford not to have it , scooters/bikes arec so easily damaged in accidents & are so costly to repair that really in order to sleep at night you need that insurance .

    Red ones always go faster but blue ones go pretty quick , but now blue ones are the way to go😄
  • 08-02-2017 04:36 PM In reply to

    • Lethe
    • Not Ranked
    • Joined on 09-14-2013
    • Posts 15

    Re: Scooter Accident -- Advice Appreciated

    Just a quick update for anyone interested:

    The insurance agency has admitted liability, and has classified the scooter as a non-repairable write-off (pretty sure it is repairable, but whatever...) so I am now stuck with a useless lump of metal and plastic. They have offered me $1400 compensation and I have countered with my own offer based upon RedBook value and advertisements for comparable vehicles on Bikesales.com.au. We will see what happens.

     

    1994 Honda SR50 > 2008 TGB 303RS 125 > 2001 Yamaha Majesty 250
  • 08-02-2017 06:18 PM In reply to

    Re: Scooter Accident -- Advice Appreciated

    Good one Yes stick to your guns to get a fair replacement price Smile

    Si ‘Thi’ later
  • 08-02-2017 08:42 PM In reply to

    • INMA
    • Top 50 Contributor
    • Joined on 03-19-2009
    • Posts 836

    Re: Scooter Accident -- Advice Appreciated

    Remember to claim for helmet, cloths and anything else damaged in the accident.

    $1400 sounds about right for the scooter if you get the rego back on top of that money.

     

    2001 Yamaha Zuma, DR Evo 68 cylinder, Leo Vince TT derestricted, Delorto 17.5 (#98 jet), standard aircleaner, RMS fan, Race CDI, Standard oiler and premix @ 75:1 Shell SX2, Doppler SR3 variator, RMS clutch, RMS R rear shock absorber and Pirelli SL26 tyres.
  • 08-02-2017 09:09 PM In reply to

    • Lethe
    • Not Ranked
    • Joined on 09-14-2013
    • Posts 15

    Re: Scooter Accident -- Advice Appreciated

    INMA:
    Remember to claim for helmet, cloths and anything else damaged in the accident.

    $1400 sounds about right for the scooter if you get the rego back on top of that money.

    In my counter-offer I have claimed for the helmet also, their offer of $1400 was the for the scooter alone, plus leaving the wreck with me. Because I can no longer legally ride the scooter I made it clear in my counter-offer that I considered it a burden, not an asset.

    Redbook says that private sales prices for 2008 TGB 303RS 125 are $1600 to $1900. Because the scooter was in excellent condition prior to the accident, and had done under 10,000kms, I think the higher end of that range is appropriate. 

    I've been looking online for a couple weeks now in anticipation of their writing the scooter off, and I haven't been able to find a comparable scooter (i.e. 125cc, condition, mileage) for under $1800 or so. Add to that registration and stamp duty costs...

     

    1994 Honda SR50 > 2008 TGB 303RS 125 > 2001 Yamaha Majesty 250
  • 08-03-2017 04:13 AM In reply to

    • INMA
    • Top 50 Contributor
    • Joined on 03-19-2009
    • Posts 836

    Re: Scooter Accident -- Advice Appreciated

    Check whether they put it on the write off register if you take it. You may be able to take the money and repair it.

    I've had two motorbikes and a scooter written off, each time I lost money, that is with comprehensive insurance. The compensation is never enough to cover those other costs, in the end you take the money and move on.

     

    2001 Yamaha Zuma, DR Evo 68 cylinder, Leo Vince TT derestricted, Delorto 17.5 (#98 jet), standard aircleaner, RMS fan, Race CDI, Standard oiler and premix @ 75:1 Shell SX2, Doppler SR3 variator, RMS clutch, RMS R rear shock absorber and Pirelli SL26 tyres.
  • 08-04-2017 03:26 AM In reply to

    • Lethe
    • Not Ranked
    • Joined on 09-14-2013
    • Posts 15

    Re: Scooter Accident -- Advice Appreciated

    Seems I misheard on the telephone -- it has been classified as a repairable write-off (and placed on the WOVR). The scooter remains in my possession.

    The insurance agency accepted my valuation for the scooter at $1900, and also reimbursed the full cost of the helmet I was wearing at the time. I only requested $100 for the latter, but apparently as a safety item it does not depreciate in value. I was also compensated a nominal amount for bus travel since the accident.

    All things considered I am pleasantly surprised by the outcome.

    Now I just have to find a new scooter, and decide what to do with the old one...

     

     

     

    1994 Honda SR50 > 2008 TGB 303RS 125 > 2001 Yamaha Majesty 250
  • 08-04-2017 09:39 AM In reply to

    Re: Scooter Accident -- Advice Appreciated

    Maybe try Show & G0 on Brighton Road could be interested to take off your hands as they break scooters i believe 

    Si ‘Thi’ later
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