Motorcycle Accident - Unable to Obtain Other Party Details as Unconscious. How to Obtain Their Info?

Was riding to work early morning and some driver decided to do a U turn and knocked me off my bike. Woke up in hospital and had try to contact the police to get other party details but they would not give out other party details but an incident report number.

What can I do to get other party details?

Comments

  • +71 votes

    Tell your insurance the incident report number, they will sort it out.

  • +1 vote

    Insurance companies are used to investigating…that's why you pay a premium for, let them sort it out.
    Generally they will pay you or repair straight away and recover the funds themselves.

  • +4 votes

    Forgot to mention in OP have contacted my insurance they said since the other is at fault I have to go through their insurance of which I have no way of knowing since I don't even have their details. Basically they weren't really willing to help.

    • +43 votes

      I think this is incorrect, if you have comprehensive you should just be able to push it through your own insurance.

      • +13 votes

        Definitely incorrect. Your insurance is covering you, if they can recover from the other driver or driver's insurance, that's their business. They can find everything they need in the incident report.

        • +1 vote

          Op has Third Party

          While comprehensive car insurance covers you for damage to your car and damage to someone else's car or property, third party property insurance only covers you for the latter. If your car is stolen, damaged in an accident, fire, or weather event, you'll have to pay for repairs or a car replacement yourself.

          https://www.finder.com.au/car-insurance/comprehensive-vs-thi...

          • +4 votes

            @Ughhh: A lot of third party insurers will still cover you for not-at-fault accidents with uninsured drivers, with limitations (typically the lower of: $5k or sum-insured)

            If the other party is insured, you should be able to get sorted out by the other party's insurance. Your insurer might help with this, they might not. They're definitely under no obligation to help you with your repairs (under third-party cover).

            Even with comprehensive cover, you can choose to not involve your insurer, although not advising them of the accident may be in breach of your contract with them (even if not-at-fault).

          •  

            @Ughhh: Thats a bad bargain

      • +2 votes

        does OP has comprehensive insurance?

    • +1 vote

      third party property insurance?

      • +7 votes

        Correct as the bike was too cheap and didn't wanted to mention it as unconstructive comments will follow. Anyway there's huge loss on the bike part just wanted to know a way to get the other party details.

        • +4 votes

          i am not sure if the same applies to a motorbike.

          When your car is damaged by a collision with another vehicle driven by an uninsured driver, we cover damage to your car (up to the amount of $5,000), but only if, the other driver was entirely at fault and you can give us the name and address of the person at fault and the registration number of the at fault vehicle.​

        • +1 vote

          Why do you need the other party's details if you only have third party property? That just covers you for damage you do to other people's vehicles & other property. If it isn't your fault and they're not claiming against you it isn't going to do much.

          • +8 votes

            @Quantumcat: You need the other persons details so you can claim against them for damages they caused. The damages that third party insurance won’t cover.

            • -3 votes

              @Euphemistic: If the OP's motorcycle wasn't worth enough for comprehensive I am imagining the legal costs trying to extract money from the guilty party will make it not worthwhile pursuing.

              • +6 votes

                @Quantumcat: It’s not expensive to write a letter, or claim from an insurance company and they play ball relatively easily. If you have to fight a lot to get it, that’s when it becomes not worthwhile.

                The OPs bike still may be worth several thousand dollars. It depends on your risk profile at what level you consider TPP to be better than comprehensive. Would you rather spend a few hundred vs a grand for insurance if you vehicle is worth $2k or $5k or more? For me it is around $5k.

                • +1 vote

                  @Euphemistic: That's true it isn't expensive to write a letter, if you already have their details. I was thinking there might be legal costs to get the details on who to serve a letter to though. I don't know how you can get the details from the police, insurance companies can so I assumed it was some kind of legal process

                  • +1 vote

                    @Quantumcat: See pegaxs post below. $44 for freedom of information that was waived after persistence. So not expensive at all.

          • +1 vote

            @Quantumcat: Third party injury comes into play here. He has the right to sue for personal damages.

            •  

              @JoeSoap: Injury is covered by compulsory third party injury insurance with registration is it not?

              •  

                @Quantumcat: Yep and you have to claim it under the other parties 3rd party. Looks from other parts of this thread he'll be able to get the police report which will give him the required details for the other driver.

                • +2 votes

                  @JoeSoap: If you are talking about TAC personal injury insurance, you do not claim this from the other driver's, you claim it directly from TAC.

                  Source: had to make two TAC claims in the time I lived in Victoria, and both times I had to claim through my own account and both times I was the "not at fault" driver. (Motorcycles and Melbourne don't mix.)

                  •  

                    @pegaxs: I feel it. I'm just going through the process myself and never had this explained to me. Thanks for clarifying. I'm also not at fault and in Brisbane. It's a long process.

        •  

          If your insurer is unwilling to help, you will need to press the police as there is a requirement for drivers to exchange details.

          When i was in a not at fault accident that required police attendance as the other driver refused to exchange details claiming i was at fault, the police came, made a quick assessment, took both parties details and then gave me her licence info, address and their business card for further assistance if needed.

          Unless things have changed. Dunno.

    • +1 vote

      Is it Woolworths?
      Just tell them to do it they were a bunch of (profanity) with me.

      If you have comprehensive insurance tell them you want to make a claim and let them sort it out this will not count as it is not your fault.

      They will use some language like well we will withhold the excess until we can prove that you're not fault or some bullshit just tell them shut up and do it and then go relax.

      I hate Woolworths insurance so much that I moved after that.

      P.S. I got my car all fixed no worries and the smash repair place contacted me saying that they had not removed the access yet and they were confused and told me to contact Woolworths again so I did and then they fixed it up in the end this cost me nothing I strongly recommend you stand your ground for your sanity as all you will have to do is some strongly worded phone calls and then relax and take care of yourself.

      •  

        Mines AAMI but not any difference

        •  

          low and behold AAMI, you got yourself a bad bargain

          •  

            @lgacb08: Can you recommend a good one. Not many would cover motorcycle when I signed up.

            • -1 vote
            • +1 vote

              @BadBargain: I have my bike insured through Swann, comprehensive and a pretty good rate really!

              Can't comment on their service or claims etc - never needed them!

          • +5 votes

            @lgacb08: OP only has Third Party Property Damage cover. Regardless of the insurer, they're not going to cover damage to the insured's own property (unless it falls under their "Uninsured Drivers" clause). That is the nature of the cover and the reason it's much cheaper than comprehensive cover.

        • +1 vote

          I've had good experiences with AAMI, I only ever had third party and they dealt with it when it was another cars fault, and they paid out when our car was written off by an uninsured driver

  • +24 votes

    Hope you're feeling ok! Take care

  • +9 votes

    Hope you're well mate. Sucks that this happened to you, I am a rider myself, just can't avoid situations like this sometimes because some drivers are #[email protected]

    Haven't been in an accident myself but the same thing happened to my mate. Not that it helps prevent accidents, but I would suggest running a GoPro set up. I have one mounted on my helmet for every ride and captures a lot of dumb stuff people do (in case it is needed later).

    •  

      Did your mate able to obtain other party details?

    • +1 vote

      It probably wouldn't have helped in this case as it would have captured the license plate details, but then you're back to square one with the police not giving you a name or contact details.

  •  

    Not sure how it works, but you must be able to get the info form the police. Insurance company would do it.

    Maybe you need to rock up to the relevant station in person and fill out a form so they can check your ID. I’d imagine they wouldn’t give the info or to anyone over the phone.

    • +4 votes

      Last time I helped a friend with a similar incident chase down the other driver through a police report, the police wanted us to pay for a Freedom Of Information request. Was quoted something like $44 obtain this information. Ended up calling the station and pushing it up the chain of command and pleading our case. They relented and gave us the copy of the police report that had all the details in it.

      •  

        Aren't foi supposed to be free? I got one to dispute a centrwlink debt and didn't get charged a cent

        • +4 votes

          These are the same people that go out booking people for going over the speed limit by 3km/h… You think it is beyond them to charge for a FOI request??

          • +1 vote

            @pegaxs: thats a bold opinion on this site…

        •  

          Centrelink is federal, coppers are state. Different governments have different FOI policies.

  • +2 votes

    Police are being ridiculous.
    Generally they should release the information in a situation like this.

  • +1 vote

    Which state are you in OP?

    •  

      VIC

      • +2 votes

        PM me

      • +3 votes

        https://www.police.vic.gov.au/traffic-accident-reports

        Get a copy of it and it will list who the person is. Did this when my old man got hit by a car on his push bike. Woke up in hospital with no memory.
        The report will include photos as well.

        • +3 votes

          You can use that form, but…..
          1. It'll cost you about $120
          2. It takes weeks

          I have messaged the OP with the correct form and he now has the information he needs, at no cost and done in 10 minutes over the counter of his local station.

          • +2 votes

            @oscargamer: If you work for Victorian police and know the police website doesn't communicate the options correctly — why not both spell it out here and report it upstairs for rectification?

            •  

              @factor: Do you not think I've tried that…..many times….?

              I'm sure you've heard of bureaucracy…..It's very much alive and kicking, thanks for asking !

              The forms available to the public are correct, but there are more available….

              • +1 vote

                @oscargamer: Then why don’t you share it publicly?

                • +2 votes

                  @omguleh: Simple. Because I'm not Corporate VicPol.

                  Forms get updated regularly. If I post it now, it'll be out of date within a couple of years or even next week, whenever it gets updated.

                  Just like I'm not going to post the other thousands of forms…..

                  If you have an issue, like the OP did, you'll find numerous sources of information. This forum is one. The main one is turning up to your local station and explaining your issue. The problem with that is, because there are so many forms, it's pot luck whether the member that you speak to, knows about the one that helps/applies to you.

                  For some reason, the form applicable to the OP's question, isn't known to many general duty members. Don't ask me why. It is known to HWP members of course, which is why I know about it.

      • +2 votes

        If you're VIC, you don't need the whole accident report, the police have a form specifically for the release of the other parties details for insurance purposes as I've used it before to get the other drivers details. Part of the form is a statutory declaration where you must declare that the details will only be used for insurance purposes. If you speak to the police and they say they can't give you the details and don't know about the form, politely ask them to check with a more senior member. It's a real thing.

  •  

    not sure if a motorcycle is still covered, probably https://tpclaims.com.au/ - they'd be able to help? probably a long drawn process, but worth a try, since you're not at fault.

  • +3 votes

    If you haven’t already made a police report of your own, make one. You can also make a request for information to the hospital, ambulance or police. It may include details of the driver. There is usually an associated fee. It may be best to get legal advice on how to do this.

    I hope you’re doing okay.

    •  

      Definitely. If he's been in an accident where he was injured then there should be a police report. If one of the parties left the scene then there needs to be a police report. There's no excuse to be in this situation.

  • -1 vote
    • +1 vote

      That’s for personal injury, not for property damage.

      OP is in Victoria and the TAC is a “no fault” insurer, meaning if you are injured in an accident, TAC covers it, no matter who was at fault. But with that being said, it still doesn’t cover for damage to OP’s motorcycle.

      •  

        If I knew the OP was in VIC I would not have responded.

        In any case, the OP did not identify their location either in the post or what they were after (i.e property or personal injury) but given s/he ended up unconscious and in hospital, there could be potentially some bodily injury.

        •  

          Location covered here about 3 hours before you posted.

          It would be a safe assumption that OP is talking about property damage because of references to contacting their insurance and the fact that it was only third party and it was AAMI who deal with personal property insurance, not injury insurance in Victoria.

          And again, any personal “injury” OP has suffered would be claimed through TAC and they would not require the other parties details.

  •  

    Quick question (and a bit of a thread hijack), I have no insurance on my moto, just the compulsory TAC insurance we pay in Vic as part of our registration. I understand that if I'm at fault and run into a Lambo I better hope that I've saved up enough to cover their repairs, but what if the Lambo driver is at fault, would their insurance be obliged to repair my bike? What if the Lambo driver had no insurance either and refuted that they caused the accident, would this have to escalate to VCAT?

    • +6 votes

      First off. Get insurance. Otherwise yes and yes if you wanted to fight it.

      • +4 votes

        "would their insurance be obliged to repair my bike? "
        Yes.

        Two points.

        1.) Your suing an insurance company should they not play ball is a slightly un-even fight, as you may not have as large and experienced a legal team.

        2.) Should it be decided that you are 5% at fault, and the Lamborghini driver 95% a fault, you will be deemed liable for 5% of their damages, and they 95% of yours. It sounds good, except I have never had a vehicle that was worth 5% of a Lamborghini.

        https://www.ebay.com.au/itm/184909308003?

    • +1 vote

      Doesn't really matter who is obligated to pay for whom. It will be a fight to prove it and with just yourself and no huge legal team that's going to be difficult and you'll probably end up bankrupt. Better to pay for insurance. At least third-party property, then the worst you can be out of pocket is your bike, gear, luggage, and any excess. Without it you could potentially be out hundreds of thousands (imagine you come off your bike at high speed and it skids off into a shop front and destroys a lot of merchandise, you're out the cost to fix the shop building and all the merchandise)

    • +2 votes

      Definitely get 3rd party at min.
      I didn't buy comp for my bike because I bought it new for $6k was quoted $1.5k for comp so after 3 yrs it would be the same cost of the bike (taking inexperience/young rider excesses into consideration).

    •  

      Get third party, I pay like 245 a year with Swann insurance.
      Never had an accident whilst on third party, but their comprehensive cover was excellent.

    •  

      Pray for some

      Lamborghini Mercy

  • +3 votes

    You used to be able to apply over the counter for the other parties details. Try going in to your local cop shop with your report number. Otherwise you might have to pay a fee as per this.

    https://www.police.vic.gov.au/traffic-accident-reports

  •  

    Thanks for all the advice.
    I'll try to obtain the Incident Report but my concern is that it can take up to 30 days. Would this be too late to make an insurance claim? As commented above my bike didn't have enough value to buy Comp but I am fighting this because I don't think it is fair that I have to take a loss (sustained body injury and damaged bike) for something that is completely not my fault and the other party can just walk away like it never happened.

    • +1 vote

      I think you can make a claim up to 12 mths after. 30 days won't be an issue. Do you know that the other party walked away? They may have done the right thing and stayed at the scene. If so, the Police will have their details. Heck, they may have even reported it to their own insurance company. You won't really know until you speak to the Police. Start by going to your local. Or the station near where it happened if not too far away. These things are far less hassle if you have proper insurance in the first place. In this case, you might have to do a bunch of running around for the report, get quotes for your repairs, send a letter of demand etc etc. Also put in a TAC claim which will cover your medical if the hospital didn't already help with that.

      •  

        i think he means walk away, as in off scott free

        •  

          Yes. But they haven't from the info presented. If they were still there when cops attended they might have been fined. Might be charges pending. And might have to pay for the damage. Its all unknown until the op follows up with the Police.

  • +2 votes

    As you were injured (knocked unconscious) try that path to get details from police so you can claim on CTP (TAC) for injuries at least

    •  

      +1

  • -3 votes

    Call the police and say you would like to report a hit and run. Because the driver is required to give you their details under the act and they have not.

    Road Safety Act 1986. Section 61 C.

    If the police say its fine because they gave their details to them. Tell them that is not what the act says and you will happily withdraw your complaint if they provide you the other parties details.

    •  

      What an absolute load of rubbish.

      Won't even entertain that nonsense with an explanation.

  •  

    When I had my motorcycle accident I only took photos of the number plate and front of license, no address. I had to sign a stat dec at the police station to obtain the home address of the responsible party.

    Not the same scenario but I assume police would be sympathethic and allow you to do something similar to pursue an insurance claim

  •  

    I would hire OzBargain's favourite bikies to the police station and demand for the other driver's details. Or if you are insured, just report it to your insurance company and let them handle it.

  •  

    I definitely read the title of this as if the OP had rendered another person unconscious and was coming here for assistance. Would not have even been unusual for an OzBargain forum post…

  • +2 votes

    being unconscious is not a valid excuse in my book

    • +7 votes

      Agreed, everyone tries to find loopholes these days…

  • -1 vote

    been in a similar situation and If you engage a lawyer to lodge your compulsory third party injury claim they can get it for you based on the incident report number

    • +1 vote

      Or get it for free with some advice from an ozbargain member
      :o)

      •  

        yeah but that can only go so far hahaha

        •  

          hhmmm…. I actually meant get some free advice from someone who knows what they are talking about in these matters….me.

          •  

            @oscargamer: Cool so how would they get it besides from insurance, police or lawyers?

            •  

              @Poor Ass: Get what?
              Advice, or the name of the other driver written down on a piece of paper?

              •  

                @oscargamer: name of the other driver if insurance, police and lawyers can't be used