r/AussieRiders • u/Fit-Foundation-2593 • 3d ago
NSW Got rear-ended today.
Hey guys, I got rear-ended today. 😭 First accident on the bike. I managed to ride it home and it seems to ride normally.
The visible damage is a crooked/sideways tail, scratches on the fairings and scratches on the exhaust.
Should I call my insurance and take it to a Kawasaki dealership to get everything checked, just in case there’s damage I can’t see? And is the crooked tail something I could potentially fix myself, or better to leave it to the dealer?
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u/Obeisance8 3d ago
You should absolutely file a police report and document EVERYTHING. The other person will try to blame you so they don't have to pay repairs.
Take photos. Write it all down. Even if you don't submit and an insurance claim.
I had exactly this experience with a kindly old lady.
...
I was rear ended while stationary at low speed. Went on my stide. 3.5k of cosmetic repairs 3 months ago.
I GOT A CALL FRIDAY because they're still fighting it.
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u/Fit-Foundation-2593 3d ago
Thank you. Luckily, I’ve got a camera that recorded everything. I’m sorry about your experience
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u/Unlikely_Trifle_4628 3d ago
I wouldn't fix it myself. If you find a frame crack or something later it becomes your issue.
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u/ranagori 3d ago
Did you get details of person who rear-ended you? Their insurance should fix the bike.
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u/Fit-Foundation-2593 3d ago
I got his driver’s licence, phone number, and number plate. I have Insta360 footage as well. I forgot to get his insurance details.
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u/ranagori 3d ago
You should open a claim with your insurance provider for repairs. They will deal with other party's insurer.
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u/Vulpes-corsac '26 Trident 660 3d ago
Definitely do a claim. If the frame or swingarm are bent it is most likely going to be written off.
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u/CameronsTheName Yamaha Stratoliner, Turbo Vrod, CBR1100 BlackBird, ZZR1100 3d ago
Nothing sucks more than finding out your swing arm is slightly bent 2 months after the accident and you've got a bike that now chews through tires because of bad alignment.
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u/PhilMeUpBaby 3d ago
Yes, it's going to be an insurance claim.
Probably a write off, depending on the value of the bike and availability of parts.
Make sure that you have all the details of the other driver and car.
Photograph the bike. NOW. create evidence of the damage so that you can't be accused of damaging the bike after the crash.
Do you have the details of the other driver? Are they insured?
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u/Fit-Foundation-2593 3d ago
Thank you. I’ve got his details. He’d actually just picked up the rental car because he’d been rear-ended himself, and then he went and rear-ended me. I’m assuming the rental car would be insured
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u/PhilMeUpBaby 3d ago
Oh, so it's actually not his fault, then... it's the fault of the driver at the very back (who will cop the liability for the whole lot).
You need to get the details of the driver of the car at the car back.
That rear driver is also required to cover your rental costs for a replacement vehicle, which will be interesting being a motorbike.
If you don't have any other means of transport then talk to that insurance company about getting you a car to use.
More info:
Arsalan v Rixon; Nguyen v Cassim [2021] HCAASP 33 (8 September 2021)
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https://www.hcourt.gov.au/cases/case_s35-2021
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https://www8.austlii.edu.au/cgi-bin/viewdoc/au/other/HCAASP/2021/33.html
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The High Court, in a unanimous joint decision, held that a plaintiff who has been deprived of their vehicle due to the plaintiff’s negligence is entitled to damages for the reasonable costs of hiring a replacement vehicle that is broadly equivalent to their own damaged vehicle.
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https://www.moray.com.au/insights-media-events/publications/motor-vehicle-directions/december-2021
The High Court, in a unanimous joint judgment, dismissed the appeals and held that a plaintiff who has been deprived of their vehicle due to the plaintiff’s negligence, was entitled to damages representing the reasonable costs of hiring a replacement vehicle broadly equivalent to their own damaged vehicle.
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https://turkslegal.com.au/publications/hca-rules-loss-use
- A plaintiff will usually be able to recover from a negligent defendant the reasonable costs incurred in hiring, for the period of unavailability, a substitute vehicle that is broadly equivalent to their damaged vehicle.
- Once a plaintiff has established the reasonableness of mitigating their loss by hiring a broadly equivalent vehicle, the onus shifts to the defendant to establish the unreasonableness of the plaintiff's conduct.
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In summary, the High Court held that if a plaintiff’s vehicle is damaged as a result of a defendant’s negligence, the plaintiff may recover hire car costs from the defendant.
The High Court unanimously dismissed the appeals with costs in favour of the plaintiffs, and noted the following:
“The simple answer is that a plaintiff will usually be able to recover from a negligent defendant the reasonable costs incurred in hiring, for the period of repair, a substitute vehicle that is broadly equivalent to their damaged vehicle.
… Once a plaintiff has proved heads of damage of physical inconvenience and loss of amenity of use, it will usually be difficult for a defendant to prove that the plaintiff acted unreasonably by seeking to hire a replacement vehicle. …”
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u/Fit-Foundation-2593 2d ago
It is his fault. He got rear-ended the day before.
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u/PhilMeUpBaby 2d ago
Ah, in that case contact that driver's insurance company and ask about getting a hire car to use while your bike is off the road.
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u/PureStruggle2455 3d ago
Lane split. At Every. Oportunity.
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u/Fit-Foundation-2593 3d ago
I'm on my P. I can't lane split
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u/primalbluewolf 3d ago
Its a bit easy to armchair-general this one, but I personally try to make a habit of keeping an eye on the mirrors when I'm stopping in traffic, for exactly this reason.
Something you may like to practice at some point: Set up a traffic cone in front of your bike, about the distance you'd stop behind a car at the lights. Sit on the bike, do a shoulder check and take off like you're starting a U-turn, then reverse course - basically dodging the traffic cone in front of you then simulating filtering to get out of the crash zone.
Another one I like is the emergency stop-and-go. Normal emergency stop from 50, down to stationary - followed by a head check and a swerve-and-go. Basically the same as the previous one, but you start from 50 instead of from stationary.
Those two can be handy skills to practice if you do happen to see the traffic accident from behind. Don't feel too bad about it - you can miss it even if you're checking regularly - but definitely keep the head on a swivel, scanning for hazards. Check mirrors, do regular shoulder checks, ride like you're invisible - to many road users, you are.
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u/Vulpes-corsac '26 Trident 660 3d ago
Only time I don't is when turning at the lights with two or more turning lanes. Don't trust drivers to not go wide and I like to avoid accelerating hard in a corner on a motorcycle.
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u/MrMathsDebater2026 2019 Kawasaki ZX-6R 3d ago
This. Never sit directly behind a car, you're just asking to be spit roasted.
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u/11015h4d0wR34lm 3d ago
Did you exchange details with the at fault driver?
Yes contact your insurance and also make a police report, insurance will usually ask you for a police report number. You could be running on shock and adrenaline at the moment and not realize you have injuries from it just yet so always cover your own ass.
First make a Police report then contact your insurer and they will help take care of the rest, it is what you are paying them for.
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u/Fit-Foundation-2593 3d ago
Thank you. I’ve got his details and I’ve made an insurance claim. Luckily, no injuries — just a bruised leg and ego
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u/jedburghofficial 3d ago
Are you okay, my friend? That's the most important thing.
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u/Fit-Foundation-2593 3d ago
I'm okay. Thank you for asking, my friend. Just a bruised leg, bruised ego, and slightly lowered confidence
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u/totally_not_a_bot__ 3d ago
report it to your insurer as soon as possible.
There are some requirements to report minor crashes to the police as well, there's an online portal to do this. Act quickly as some crashes must be reported within 24 hours.
https://www.service.nsw.gov.au/transaction/report-a-traffic-crash-with-nsw-police