Cyclist Struck by Company Vehicle: Is the Fleet Manager’s Salvage Offer Fair? (Australia)
Recently, I was involved in a cycling accident where I was hit by a company vehicle. Instead of directing me to their insurance provider, the company referred me to their fleet manager. I suspect this is because they have a high insurance excess and prefer to manage claims internally for damages below a certain amount.
The fleet manager assessed the value of my damaged bike and provided a salvage value. I asked if I could accept the salvage value as a cash payout and return the damaged bike to them. They informed me that, as they aren’t an insurance company, they likely wouldn’t want the salvage items, suggesting they avoid handling the salvage process that insurers typically manage.
This situation feels unfair. It seems they are using the salvage concept to minimize their payout while being unwilling to accept the salvage items when it suits them. What are my options in this case? Are they legally required to manage the salvage process, or am I bound to accept their terms? I’m located in Australia and would greatly appreciate any guidance or advice.
I’m sorry to hear about your accident, and it sounds like a frustrating situation you’re dealing with. Here are some considerations and options you might explore in this scenario:
Understanding Salvage and Payouts: Generally, salvage refers to the remaining value of a damaged item after a loss. The fleet manager may be using this as a way to determine how much they will pay you for your bike. However, if they are not willing to take back the damaged bike, you could argue that you should not be held to their salvage assessment.
Negotiate the Cash Offer: Since the fleet manager is offering you a salvage value but not willing to accept the salvage, you might negotiate based on the assessment value of your bike without the salvage aspect. Make it clear that their approach isn’t reasonable if they do not intend to take the salvage.
Documentation: Keep all documentation related to the accident, including any communications with the fleet manager and their assessment of your bike’s value. This could be important if you need to escalate the situation further.
Insurance Inquiry: Even though the company directed you to the fleet manager, it’s worth contacting their insurance company directly. They may have a policy in place that mandates certain procedures in case of an accident.
Seek Legal Advice: Given the complexities involved in your situation, it might be beneficial to consult with a personal injury lawyer or a lawyer who specializes in transport law. They can provide specific legal guidance based on your rights and the obligations of the company under Australian law.
Lodge a Complaint: If negotiations fail, consider lodging a complaint with the relevant authorities, such as the Australian Competition and Consumer Commission (ACCC) or your state’s transport authority. They may be able to provide assistance in resolving your dispute.
Consider Small Claims Court: If the amount in question is within the limits for small claims in your jurisdiction, this might be an avenue to pursue if you feel that your situation is not being handled fairly.
Overall, you are not obligated to accept terms that you feel are unjust, especially since it seems the company is handling this matter in a way that benefits them at your expense. Good luck, and I hope you reach a fair resolution!