Cyclist Struck by Company Vehicle: Evaluating the Fairness of Fleet Manager’s Salvage Offer (Australia)
I was recently involved in a cycling accident where a company vehicle hit me. Instead of directing me to their insurance company, the company referred me to their fleet manager. I suspect this is due to a high insurance excess, leading them to manage claims internally for damages that fall below a certain threshold.
The fleet manager assessed my damaged bike and provided both an estimated value and a salvage value. When I asked whether I could accept the salvage value as a cash payout and return the damaged bike, they informed me that, as they aren’t an insurer, they likely wouldn’t want the salvage items back. This implies they prefer to avoid the salvage process, which is typically handled by insurance companies.
This situation feels unfair. It seems they are using the salvage concept to minimize their payout while refusing to take back the salvage items when it doesn’t align with their interests. What options do I have in this situation? Do they have any legal obligation to manage the salvage, or am I required to agree to their terms? I’m in Australia and would appreciate any insights or advice.
I’m sorry to hear about your cycling accident; that sounds really frustrating. It’s understandable to feel that the company is trying to minimize their costs at your expense. Here’s some information and options you might consider:
Understand Your Rights: In Australia, when a party is at fault for an accident, they are generally liable for the damages caused. This includes compensation for repair or replacement of your damaged property (in this case, your bike).
Clarify Salvage Terms: If the fleet manager is offering a salvage value but not willing to take possession of the bike, it does create a fairness issue. You could argue that, if they are offering a salvage value, they should also be responsible for handling the salvage. You might want to bring this up with them formally, stating that it seems unreasonable for them to benefit from reducing their payout while not wishing to manage the salvage.
Pursue Insurance Claims: Even if the company is steering you to the fleet manager, you should still be entitled to pursue a claim through their insurance if they have one. Ask for the details of their insurance provider and make a claim directly with that company.
Document Everything: Keep records of all communications, including the fleet manager’s offers and your inquiries. This documentation could be essential if you need to escalate the matter.
Seek Legal Advice: If you feel that the company is not being fair or transparent, it may be valuable to consult with a lawyer or a legal service specializing in personal injury or insurance claims. They can provide specific guidance regarding the legal responsibilities of the company and your best course of action.
Consumer Protection: Consider reaching out to the Australian Competition and Consumer Commission (ACCC) or a legal aid service. They can provide guidance on consumer rights in situations like this, especially if you feel you’re being treated unfairly.
Negotiate: If you’re open to it, consider negotiating with the fleet manager. You could propose that instead of a cash payout for the salvage value, they take the bike and compensate you for the repair or replacement cost.
Ultimately, the company is likely motivated to minimize its expenses, but it’s important to stand firm on your rights to receive fair compensation for your damages. If they are found to be neglecting their responsibilities, there may be legal recourse available to you. Good luck!