Subject: Cyclist Struck by Company Vehicle: Is the Fleet Manager’s Salvage Offer Fair? (Australia)
I was recently involved in an accident where a company vehicle hit me while I was cycling. Instead of directing me to their insurance, the company referred me to their fleet manager. I suspect this is due to a high insurance excess, which may lead them to manage claims internally for damages below a certain amount.
The fleet manager assessed the damage to my bike and provided me with a salvage value. When I asked if I could accept that amount as a cash payout in exchange for returning the damaged bike, they indicated that, as they are not an insurer, they likely wouldn’t want the salvage items. This suggests they prefer to avoid the salvage process that typically falls under an insurer’s responsibilities.
I find this situation quite unfair. It seems they are leveraging the salvage concept to minimize their payout while simultaneously refusing to take back the damaged bike when it’s not convenient for them. What options do I have in this situation? Are they legally obligated to manage the salvage, or must I accept their terms? I’m based in Australia and would greatly appreciate any advice or insights.
I’m sorry to hear about your cycling accident; that sounds incredibly frustrating. In Australia, when it comes to situations like this, it’s essential to understand your rights and the obligations of the party involved.
Legal Responsibilities: The company that operates the vehicle has a legal obligation to compensate you for your damages, including the value of your bike. While they may wish to manage the claim internally, they are ultimately responsible for covering your losses.
Salvage Value: The concept of salvage typically applies when an insurance company has declared an item a total loss and then sells it for parts or scrap. While the fleet manager might not want to engage in a complex salvage process, this does not exempt them from fairly compensating you for your bike’s value. Their unwillingness to handle salvage does not absolve them from covering the full cost of your bike or damages incurred from the accident.
Negotiation: If you believe the salvage offer is unfair, you could try negotiating further with the fleet manager. Explain your perspective—emphasize that it feels inequitable to be stuck with a damaged bike while they benefit from only paying depreciated value. If needed, provide evidence of the bike’s value, such as purchase receipts or recent listings for similar models.
Insurance: If they refuse to negotiate further and you’re not satisfied with their offer, you might consider contacting their insurance company directly, especially if they are acting as a self-insured entity. They might be more willing to handle the claim appropriately.
Seek Legal Advice: If negotiations don’t lead to an acceptable resolution, consider seeking legal advice. A solicitor or legal expert familiar with personal injury or tort law can guide you on your options. You might also consider contacting a local cyclists’ advocacy group—they could have resources or advice tailored to cyclists in your area.
Keep Documentation: Make sure to keep all correspondence, assessments, and offers documented. This information could be crucial if you need to escalate your claim.
Overall, you shouldn’t feel obliged to accept a salvage offer that doesn’t reflect the actual value of your loss. Engaging in further discussions and possibly getting legal support could lead to a more satisfactory resolution. Best of luck!