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View Full Version : NSW CTP insurance doesn't cover "freak" accidents



dilbee
09-03-2009, 09:46 AM
Just found this letter from a lady and her husband after they had an accident due to their valve breaking on their rear tyre. This was back in 06 so dont know if it has changed, probably not. Something to be concerned about.

http://phorums.com.au/archive/index.php/t-197565.html

Have a read.

Dear fellow riders,

As some of you have heard James and I were involved in a motorcycle
accident on the Easter weekend near Wellington. We had been on a ride
to Dubbo and were returning home. We had just overtaken a 4WD at 100klm
came back in and the rear tyre went flat on us. James and I knew we
were going down, but James tried to slow the bike down as much as he
could before impact. At about 80klm the rear end flicked and both of us
grew wings and flew off into different directions. James had 5 stitches
to his right elbow and abrasions to his arm and leg.

As for me, I decided that I could fly the furthest and ended up bouncing
along the highway. I suffered multiple broken ribs, a torn rota cuff
muscle, bruising to the soft tissue of the cervical spine and spent 5
days in hospital.

On the Monday James and Harry went to Wellington to see what had caused
the tyre to go, thinking we may have run over something. They
discovered the valve stem had blown out of the tyre. They were amazed,
as the tyre had only done 8,000klms.

We have since found out that the valve stems only get replaced on new
tyre if either you request it when replacing the tyre or they have a
quick glance to see if any cracks are visible. If not they will leave
it there. It is mandatory that in cars when replacing new tyre they
must replace the valve stem, but on motorcycles it is not. I have made
countless phone calls and checking web sites and there is only one tyre
manufacture on the web sites that recommends that you change the valve
stem when replacing the tyre and that is Metzler.

I spoke to a gentleman from EuroTread, which is the outlet in Australia
for Bridgestone tyres, he informed me he had some inquiries about this
and had heard about our accident. He couldn't comment on it, but is now
telling people they should replace no matter what.

We need to have this law changed and when having a new tyre fitted ask
for the valve stem to be replaced. It only costs $2.50 for a new one,
which could save you the pain in which we have been in or even save a life.

The second is on green slips in New South Wales.

We would all think that I should have been covered in this accident as
the third party person injured. Well guess again. The insurance
company has informed us that the accident is deemed a freak accident due
to the tyre and that I am not covered for any medical treatment, damage
to my riding gear or loss of wages.

I had to sleep in a recliner chair for 7 weeks because of the broken
ribs. Then I was laid off work because I couldn't return to at that
stage because of the injuries and I didn't know when I would be able to.

As most of us would say what accident wouldn't be a freak accident, but
the insurance companies do not set aside monies in case of that. It is
only in New South Wales that this is the case; all other states cover
freak accidents. The politicians are in the middle of having
discussions about this, but we all know how long that could take. I
found out the other week that young Sophie Delezio, the little girl with
burns from the day care centre in Sydney, was also classed as a freak
accident and in the same predicament, and then on Friday found out that
we now have to pay 75 cents extra to cover our children on our green
slips. I was amazed once again to find out that my child wouldn't be
covered if we had an accident. Why do we pay so much money for this
insurance if they don't cover us for what we think they would.

Speaking with the insurance company on Tuesday this week I was informed
they had paid out a sum of 2 million dollars to Sophie as compensation.
Maybe that is why we now have to pay the 75 cents for our children. I
was told that because she had media attention it was paid out, but I
don't see what the difference is. A freak accident is exactly that a
freak accident, no one asks for it.

Why is that our state is the only one that is different. Funny enough I
finally have a meeting on Monday 18/9/06 with the local Member of
Parliament so it will be interesting to see what comes out of this.

In the mean time my solicitor has informed me that now I have to sue
James so that he can go back to the insurance company and tell them to
fix it. So please take care, ride safely and go to you local member and
help me to get these laws changed.

Cedric
09-03-2009, 10:46 AM
Call me a cynic but I can't say I'm surprised by the actions of the insurance company..

Captain
09-03-2009, 11:21 AM
As I understand it, third party insurance is there to cover injuries to third parties, not the driver/rider of the vehicle. I'm not sure where passengers and/or pillion passengers fit into this.

I recently went to renew a CTP, and visited the RTA website where they list all insurers. The do point out that you need to look at the cover, as some of them offer protection to the driver (and I assume) rider, whilst many are just for the 'third party'.
I don't understand the reference to Sophie Delizio, as despite it being a 'freak accident' she definetely was a 'thrid party', and that's what the insurance is desinged to cover, whereas you and James were not.

Apologies if I am confused, and of course no offence meant. I'm sorry to hear about your accident and subsequent insurance troubles.

dilbee
09-03-2009, 12:09 PM
This is just a letter i found as i was just brousing. Im yet to start with any insurance claims. I have to wait maybe up to 6 weeks before the cops can see im clear with my blood test as it could take that long for them to have the results and than say who is at fault. Im sure then i start fun and games with the insurance.:hatter:

Johnny
09-03-2009, 12:27 PM
Very misleading read that, obviously by someone who stepped on a rake and is seeking someone to sue, hence tugging on the heart strings by bringing up little Sophie, who by the way was paid out more than 2million dollars, and thats not including the yearly charity events, so perhaps a little tugging on the heart strings with correct info atleast wouldnt go astray, not that I dont feel any sympathy for Sofhie and that she doesnt deserve it if not more, ofcourse.

CTP, compulsary third party, covers third party by at fault driver, seeing as rider is not admitting liabilty and blaming it on a valve stem blowout (as an ex tyre fitter, I assure you, that is highly unlikely, you got more chance of winning the lotto than a valve stem blowing right out before leaking occurs, as when removing valve stem, it must be totally cut off from inside of rim, then yanked out from outside rim with special valve stem tool which threads onto stem), rather than himself, as even if the insurance company buys the valve stem story, they would put it down to lack of correct maintenance.

Sorry, no offence meant either, but I find it hard to believe thats all. We are quickly becoming the carbon copy of America, the land of sue your arse cause its grey skies..What makes it even worse is, these are the same people who will whinge when ctp & insurance prices rise..

oz r1
09-03-2009, 12:55 PM
Seems to me if he had just said "my tyre blew out " and not look for a scape goat every thing would have proceeded as normal with a ctp claim.
You have hit the nail there johnny with the American thing , we are slowly becoming exactly like the yanks when it comes to sueing everything we can.

Turtle
09-03-2009, 04:57 PM
As I understand it, third party insurance is there to cover injuries to third parties, not the driver/rider of the vehicle. I'm not sure where passengers and/or pillion passengers fit into this.

I recently went to renew a CTP, and visited the RTA website where they list all insurers. The do point out that you need to look at the cover, as some of them offer protection to the driver (and I assume) rider, whilst many are just for the 'third party'.
I don't understand the reference to Sophie Delizio, as despite it being a 'freak accident' she definetely was a 'thrid party', and that's what the insurance is desinged to cover, whereas you and James were not.

Apologies if I am confused, and of course no offence meant. I'm sorry to hear about your accident and subsequent insurance troubles.

+1........ :confused1:

sharpe1
09-03-2009, 07:53 PM
A pillion is a third party, exactly the same as passengers in a car.

Bigdog
09-03-2009, 07:58 PM
This sounds like bullshit to me

MarkyGG
09-03-2009, 09:55 PM
This sounds like bullshit to me

bullshit or not i always put those alloy side valves on any new bike i buy as a convenience to pump up & for safety wether its warranted or not maybe just my paranoia. one thing though when i went to get this done at mca in the city they told me they were not legally aloud to fit them for me incase i had an accident & it was found there was a problem with the valve stem:confused1: aren't they tyre fitters. any accident is a bad thing i they got things sorted

dazzler
09-03-2009, 10:20 PM
well lets clear one thing up then..........

we have overtaken america with suing other people or companies....

based on per capita of course, but at least we have that fuct up statistic to be proud of!!!