Car Accident - Not at Fault Driver but Only Have Third Party Insurance

tomleonhart on 27/12/2014 - 20:27

Hi guys,

I just got involved in a car incident today, can i get some advice please.

Long story short, I was driving up a ramp in a car park. When i got to the top of the ramp (not yet clear of the ramp), the driver in front stopped and backed up into my car(the gap between us was approx 1.5 car length in, horned her twice but she didn't stop), created quite a good dent on the hood result in the hood can't be opened.

As a person whom never been involved in an accident before, we moved the cars clear of the ramp to let traffic flows and I got her details, registration etc etc. She had NRMA comprehensive insurance.

I got home and did some research. Apparently if I don't have comprehensive insurance (I only have third party) and if I didn't get any witnesses details, she can just turn around and deny her being at fault.

My insurance company already told me to eff off, they asked me to call NRMA to "lodge" the claim.

I'm just wondering what I should do next? Also I'm buying comprehensive insurance from next year onward.

Automotive

Comments

  • AJW on 27/12/2014 - 20:32
    +3

    Lodge a claim against her insurance as normal and hope that she isn't a dishonest person that will lie about an obvious mistake she made. She already has to make a claim for her car repairs anyway, so it wont cost her any more if you claim as well which is what you should be doing. Not everyone will try and do the wrong thing, contrary to what is often said on these forums :)

    • tomleonhart on 27/12/2014 - 20:55

      I doubt she will file claim with her insurance as the damage on her RAV4 is minimal.

      • stringbean402 on 31/12/2014 - 02:16

        Well… and as she remembers it you rear ended her in the car park.

  • boonanza on 27/12/2014 - 20:48
    -1

    I'm not sure why your insurance company won't help you! Just out of curiosity who are you insured with?

    • tomleonhart on 27/12/2014 - 20:56

      Just car. And they won't help because I only have third party insurance.

      • paloverde88 on 29/12/2014 - 11:17
        +20

        Thanks for letting us know never ever to do business with Just Car at all. Your dilemma just negates all the money Just Car spends in advertising.

        • [Deactivated] on 29/12/2014 - 14:32
          +5

          I was with Just Car before, similar scenario where I was rear ended by a ute in my CRX while stationary at the lights. I only had third party with them and they bluntly told me to "sort it out yourself with the other insurance company".

          Shannons (the ute's insurance company) refused to fix my car fully, using the excuse "some of the damage is most likely a coincidence from the age of your car", and thus I no longer have a working boot. Funny that, a ute rear ending you and your boot lock mechanism is smashed, and that is just a coincidence… Shannons and Just Car will never see a cent from me in the future.

        • adante on 30/12/2014 - 12:55
          +4

          I have kind of mixed feelings about this. If you're paying for CTP/TPP then you are entitled to support for CTP/TPP related issues and I don't think you should reasonably expect anything more. If one is looking for the sort of support that would be covered in a comprehensive policy then one should purchase said comprehensive policy.

          Car insurance is more than simply the guarantee of monetary coverage in the event of a fault but also the delegation of having to deal with all of the paperwork/people/processes etc. In an ideal world this would be low to no cost, but anybody who has been involved in any dispute resolution process ever should know that this overhead is significant in terms of time, money, stress etc.

          That said, if I had CTP/TPP and my insurance were willing to go above and beyond and offer assistance that they were not obligated to, I would be grateful; certainly this would go a long way towards securing my loyalty as a customer. However, if they don't then I'm not going to be outraged or feel hard done by.

        • cnrmlj on 01/01/2015 - 08:34

          So you are saying Just Car should provide a service for something that the OP has decided they don't wish to pay for? The moral of the story is simple, get comprehensive car insurance or don't have a car.

        • [Deactivated] on 01/01/2015 - 22:36

          @cnrmlj: whether TPP is worthwhile or not depends entirely on the value of the vehicle, the cost of comprehensive, and your risk profile. It's financial idiocy in many cases to pay almost as much for insurance as a car is worth.

      • anonymous01 on 29/12/2014 - 13:50
        -2

        Sorry mate but even with third party insurance they are suppose to help you out, at least give you directions and steps you can take.

        • [Deactivated] on 30/12/2014 - 23:30
          +2

          But they did…they said to call NRMA and lodge a claim with them…which is the correct procedure in a situation like this. The OP's own insurance doesn't come into play at all in a scenario like this, why should they act as the go-between for a matter that they aren't a party to?

        • stringbean402 on 31/12/2014 - 02:19

          Exactly… if your not paying for Comp cover you can't expect your insurer to go into 'bat' for you to recover damages to your own vehicle when you purchased a policy that specifically excludes damage to your own vehicle.

          If you want comprehensive cover than pay for it… geeze

      • snook on 29/12/2014 - 14:38

        I know it's probably old fashioned of me but third party insurance IS third party insurance. It's for the third party.

    • scatman00 on 27/12/2014 - 21:56
      +13

      Why would they help him if he, specifically, chose insurance which doesn't cover himself?!?!

      • maxall on 28/12/2014 - 17:12
        +3

        some insurance company TPI has "not faulty driver cover" up to certain amount.

    • No ONE on 28/12/2014 - 18:03
      +1

      Some insurer like AAMI, Direct Budget cover upto $3000 if the third party is at fault and have no insurance and you have third party insurance.

      In op's case, he/she needs to lodge claim with NRMA and if they didn't do anything, then op's insurer might step in.

      • picket23 on 31/12/2014 - 03:53

        It's even better than that, with AAMI at least. I just got my car written off by an uninsured driver and AAMI are going to pay out the maximum $5000 that they offer under third party plus fire and theft. Thank god because the dude that hit me looked like a real dead $h!+ and I don't think I would have got a cent out of him. Pretty happy since I only paid $4500 for the car…. Three years ago

  • chumlee on 27/12/2014 - 21:11
    +4

    Just get a quote and let her know how much the damage is - she may prefer to avoid lodging a claim due to cost of excess. If she doesn't want to pay up, lodge a civil claim for damages with vcat equivalent in your state.

    • tomleonhart on 28/12/2014 - 07:53

      Will do that. Kinda feel bat to hassle her as new year approaching. People shouldn't be stressed out about these sort of thing this time of a year but oh well.

      • IceCreamBandit on 28/12/2014 - 10:08
        +13

        Don't feel bad, wasn't your fault. Imagine your stress if the other party denies all responsibility and you have to pay for everything.

        Also, may I suggest you change your insurer when you get comprehensive if possible? I know your insurance policy was just third party, but if that's their attitude after you had an accident (and could have been stressed, injured, upset), then you should take your business elsewhere.

        The time I've had to make a claim for a not at fault accident, the operator made sure I was okay and checked throughout the phone call which made things a lot less stressful. Yes I had comprehensive but customer service is pretty important

        • All Blacks NZ on 29/12/2014 - 11:53

          Totally agree with IceCreamBandit.

          I am with Bigle. Hit a kangaroo about a month ago and had the most amazing service. They are over the phone only but had no issues dealing with them. Even if some insurance company has an office, I am not gonna take time off and go see them in person when everything these days is done over the phone/internet.

          Hope the other person involved comes to party in this instance.

        • Aydin on 30/12/2014 - 15:31

          @amitbhullar: Wouldn't touch Bingle with a 10 foot pole !! Went with them once and had the most horrible experience, the experience even put me off their parent company AAMI.

        • lgacb08 on 01/01/2015 - 11:37

          @Aydin: looks like AAMI is the parent of all insurers, Just car is also one of them.

      • tomleonhart on 28/12/2014 - 07:45
        +11

        Just in case you wonder I didn't neg you.

        does he think that tpp coverage should give comp insurance assistance? - No i don't think that, been driving for 12 years without accident, didn't know what to do in one. Called my insurance as the first blind step.

        Or does he think it is dumb to take on the spot pics when you have an accident? - I took plenty of photo but since there's no witness details, nothing stops her from saying I ramped it into her car.

        Thank you for your helpful comment nevertheless.

  • Ughhh on 28/12/2014 - 08:48
    +2

    Maybe there's security cameras in the car park?

    • tomleonhart on 28/12/2014 - 17:14
      +1

      Rang the car park but they said they don't have it.

  • R081N on 28/12/2014 - 08:48
    +1

    Actually, my third party insurance with AAMI covers me (up to a certain amount probably) if the other party is at fault! So it's not unreasonable to think that his insurance should help him. It is however motorcycle insurance (which effectively covers me for a lot being that car drivers are always at fault! ;-b )

    • picket23 on 31/12/2014 - 03:58

      Only if the other driver is uninsured I think

  • The tiger on 28/12/2014 - 09:00
    +1

    I had once taken third party insurance for my old Toyota car. with AAMI .Got an accidence while driven by my nephew, not his fault, as the car was hit from rear. The bumper at the back was much dented . AAMI just said sorry and pushed me away being a third party ins. taker. Got few quotations and submitted to the car owner who hit, but he refused to pay denying his liability though he was insured . Later fed up and did the repair myself.No more third party ins.therafter. One advice is to take compressive one with highest level of excess - cheap rate.

    • tomleonhart on 28/12/2014 - 10:15

      sound exactly like my story. Just the other driver hasn't denied liability yet.

      She asked me to get 3 quotes and send it to her.

      • Scrooge McDuck on 28/12/2014 - 13:57

        She asked me to get 3 quotes and send it to her.

        Get that in writing or record it. You could use it as evidence of guilt if need be in the future.

  • rigby75 on 28/12/2014 - 10:01

    I had similar a few years ago, I had tpp with aami and the other was nrma. I was getting the dick around with nrma so rang aami they said I could claim via tpp but to give nrma a call and let them know which I did. Next day I get a call from the repairer asking to bring the cat in. I do hold multiple policy with aami which may makr a difference.

  • backpaqer on 28/12/2014 - 10:49

    Surprised TPP insurer told you to f-off…I would think they would be interested in looking after their client as if the 3rd party does indeed turn around and deny anything then the claim does come back against them to pay up. Most TPP policies also do cover you if you can name the at-fault 3rd party up to a limit (usually $3-4k). So if your damage is under that limit, you can lodge your claim to get your insurance to fix your car up and they will manage the paperwork/stress/cashflows with the other insurance company and you will have a much better experience and not need to run around getting multiple quotes…in reality you only need to get a quote that the 3rd party will accept and that might just be the one quote…but I think you can draw the line at 3 quotes as beyond that you're really getting run around and most repairers want to charge these days for a quote and then take the quote cost off the final fix invoice…if you get charged for your first quote you provide that back to the 3rd party and if they want you to get more quotes you can insist that they cover the costs of getting these other quotes also and they might back down and simply accept the first quote.

    • snook on 28/12/2014 - 14:05

      Most TPP is other's damage. No damage to own car considered. End.

      If you have some policy that says otherwise then that company is not the norm.

      • backpaqer on 29/12/2014 - 11:07

        Page 16 covers uninsured drivers http://www.aami.com.au/sites/default/files/fm/pdf/third-part…
        However, I still think despite the other driver "claiming" to be insured you never know and they might have the second-thought-syndrome and decide after chatting with friends that it was all the other person's fault and counter-sue…in which case they will be coming after the TPP insurance company who will obviously want to defend against that claim.

        Legal claims are never fun…best to put an insurance company between you and other parties if at all possible.

  • King Steuart on 28/12/2014 - 13:36
    +6

    Both times I've been in a crash (not at fault), my insurance company was happy to take care of everything for me even though I only had 3rd party.

    I think the moral of this story is you should change insurers!

    • The tiger on 29/12/2014 - 09:52
      +1

      Hi, Putnum, I would be extremely grateful if you care to tell me which insurance company is yours.? Last time AAMI just kicked me off. Thanks.

    • Charity on 31/12/2014 - 17:53

      yes, also curious

  • what on 28/12/2014 - 14:42
    +6

    If she denies liability, perhaps you can tell her about your dash cam that you may or may not have.

  • [Deactivated] on 28/12/2014 - 15:09
    +1

    Did you get a written statement or video of the other party's admission?

    Whenever I walk out I pull my phone out and start recording. Then when they admin fault I ask them to write it down. If they refuse, I have a recording anyway.

    Then it's up to them if they want to go through insurance or not - either way they will pay up.

    • snook on 28/12/2014 - 15:22

      lol, so this happens to you a lot then?

      I have to think too hard to remember the last time I had an accident.

    • resubaehtgnolhcs on 30/12/2014 - 23:21

      a covert recording is not admissible as evidence in court (should it go that far), unless of course you have prior approvals for covert recording from a court (eg undercover policing). You have to always let people know that you are recording them, similar to when you call a call center and the message says to you that "this call may be recorded", or when you walk into a venue where they use cctv recordings (as opposed to cctv surveillance).

      • what on 30/12/2014 - 23:25
        +1

        would a dash cam video recording be admissible as evidence?

        • resubaehtgnolhcs on 30/12/2014 - 23:27

          Good question! But yes, I believe it would be admissible, as with a dash cam the primary objective is to record traffic and your surrounds - not necessarily people and their conversations.

        • what on 30/12/2014 - 23:31

          Thank you. Good to know. Will certainly consider getting one when I find one at a good price.

          Just a thought. Could use the mobile phone as a video recorder whilst in the car.

      • Architectonic on 31/12/2014 - 07:06

        It is legal so long as one of the parties ie, you put it on your dash.

        It is not legal if a third party put it in your car, did not tell you (eg was spying on you).

  • Aust on 28/12/2014 - 16:32
    +1

    Most policies do cover up to a certain amount if the other party was uninsured and clearly identified and at fault. The OP's policy is no different but wont apply as TP is insured.

    Taken from the "Just Cars" tppd policy wording available on their website.
    The cover is called UNINSURED motorist extension.

    Damage to your car caused by an uninsured motorist
    The amount covered for the uninsured motorist extension is the current market
    value of your car up to $3,000.
    We will pay up to the amount covered for accidental loss or damage to
    your car caused by an uninsured third party motorist during the period of
    cover, provided:
    we accept you would be legally entitled to recover more than fifty
    percent of the cost of repairs to your car from the driver or owner of the
    other vehicle,
    you have satisfied us that the driver or owner of the other vehicle is not
    insured against that cost, and
    you can give us the name(s) and address(es) of the driver(s) of and
    registration number(s) of any vehicle(s) involved in the accident or event.
    Provided the amount covered is not exceeded, we will pay the reasonable cost
    of towing your car to the nearest repairer or place of safety if it cannot be safely
    driven. The amount we will pay to transport your car will depend on where the
    accident takes place and what transport options are available.
    We will decide to repair your car, pay the cost of repairing your car, or declare it
    a write-off and pay the amount covered. See pages 12-15 for details.

  • Islund on 28/12/2014 - 17:22
    +3

    Get a dash cam as well

  • [Deactivated] on 28/12/2014 - 19:19
    +1

    Sorry this doesn't really help much now but if you got a Dash cam (there were some deals a few months ago) you would have had evidence to claim against her insurance and potentially take her to small claims court if they won't pay. Hopefully she is not a bad person and lets you claim off her insurance for what she's done. Best of luck I hope the damage is not too bad.

    When I was a P plater on my first car with TPI I made a bit of a dent in my bonnet where it wouldn't close. I just took it around to different panel beaters in the area telling them it's not in insurance job and it doesn't need to be perfect or look good, it just needs enough to get the thing to shut. Off memory a place did it for $100 I think? Panel beaters are perfectionists though, so the job was so good you could hardly tell.

  • Cave Fire on 28/12/2014 - 20:47

    I think you have said that you are looking at getting quotes. First thing to do is actually ring up NRMA and explain what happened. This is so a claim is created and you have everything on record. They will advise if you need to go into an assessment centre, if they have preferred repairers that you need to get quotes from etc. Don't mean to freak you out but there may also be additional damage that you can't see yet.

  • swilso on 28/12/2014 - 21:04
    -2

    I was always under the impression that in the eye of the law if you rear-end someone you are at fault. If that's true going by technicalities the lady was in the right. She could potentially claim that seen as though it may have been a steep hill you probably should have waited for her vehicle to be clear of the intersection before you make your approach ? That's no help for you but just in case that's the avenue she takes especially after she may talk with her Insurance or friends etc.

    • swilso on 28/12/2014 - 21:06
      +1

      It would be hard to prove that you were at a safe distance of 1.5 car lengths as compared to 1m. You'd have to rely on her honesty or some sort of concrete evidence.

      • tomleonhart on 28/12/2014 - 21:31
        +2

        I was stationary and she was moving. She's at fault.

        Having said that there's no evidence to prove what i said above in the eyes of her insurance company though.

        • FiDad on 29/12/2014 - 08:13
          +1

          Get a car dash cam for future. This is exactly the kind of situation it comes in handy

    • tomleonhart on 29/12/2014 - 09:41

      "I was always under the impression that in the eye of the law if you rear-end someone you are at fault." - That's not true though, otherwise I can just go around and reverse into parked car on the street and claim it against their insurance.

      • snook on 29/12/2014 - 14:15

        Haha but it's true. If there were no witnesses and the person didn't have a camera in their car, this is how the police would see it if you went to them. When it comes down to he said/she said, the facts are, you are the car in front.

        Edit: sorry, didn't see 'parked car'. Any stationary car on the road, but with someone inside would work with no witnesses.

      • sirplus on 04/01/2015 - 11:55

        You can only claim from your own insurance, the other party claims on their own insurance.

        Your insurer (or you if you have no insurance) may contact the other parties insurer but unless the other party initiates a claim the 3rd parties insurer will tell you to "naff off".

        • [Deactivated] on 04/01/2015 - 12:39

          This is the WA system. Probably similar in every state and territory. http://www.legalaid.wa.gov.au/InformationAboutTheLaw/Carsand…

          Links to standard Letters of Demand may be useful to the OP.

          "How do I make a claim against the other driver?

          If the other driver is at fault, you should send a letter of demand to either that person or their insurance company.

          You can download the following examples of standard letters of demand to help you draft your own letter to send to the other party when making a claim when the other person is either insured or not insured.

          You should attach copies of quotes to the letter of demand. There are no rules about how many quotes you must obtain but you should get at least two."

    • kimmylala on 29/12/2014 - 21:20

      Wrong comment

  • elensaryk on 29/12/2014 - 09:58
    +3

    Hi Tom,

    Was in the same situation. The only difference that I had comprehensive. However I think the insurance normally do have your back if you can prove the other driver is at fault. In my case, I was entering a shopping ramp, the car in front of me decided to reverse, hit me. He agreed it was his fault at the accident scene, so I went ahead and put in a claim with my insurance. When my insurance contacted him, he came back and said it was my fault and that I hit him from the back.

    Long story short, I was able to prove that he was at fault with the use of diagrams and a detailed description of the accident. Obviously he had to write one up as well, and it is usually obvious if one of the descriptions are inaccurate. I would suggest you also do the same, do up a few diagrams - one of your vehicle and the other driver's vehicle before accident, and one at the time of accident. Keep it as simple as possible and expand on it in the description. Have a chat with Just Car and see if they'll help you out. If they don't, get yourself a better insurer, e.g. QBE or NRMA (from my experience). Otherwise call up his insurance and have a chat with them. Hopefully in your case the other driver won't go back and say it is your fault. That will make matters much easier and less stressful to deal with.

  • elensaryk on 29/12/2014 - 10:00
    +2

    Also, here's a quick summary of things I learnt from my accidents. Thought it might be useful for you as well:

    If a car hits you:

    1. Be assertive - make it clear who was at fault. If other driver unwilling to cooperate, call police on scene and explain situation. LOOK FOR WITNESSES, acquire contact details ASAP.
    2. Take photos of the actual incident before moving cars out of the road straight away.
    3. Record all information using their drivers license - write yourself so you can read your writing - ask for their drivers license for all the information- Name, Address, Drivers License No, Contact No, Insurance Name and Rego plate
    4. Reinforce and confirm who was at fault - get in writing. Write a quick summary of what happened, do a quick sketch as you'll forget otherwise
    5. Call insurance and report claim ASAP
    6. Ask for hire car arrangements - corporate discounts, etc. You have to pay upfront, but get refunded by insurance who charges the other driver's insurance
    7. Insurance confirms who's at fault and provides repairer options
    8. Take car in for repair and be sure to outline all the damages so they are all fixed appropriately
    9. In collecting, check to make sure all damages outlined are CLEARLY FIXED, otherwise talk to repairer and report to insurance
    10. Write down any learning lessons for future accidents.
    • AlanI on 29/12/2014 - 14:09
      +5

      Reinforce and confirm who was at fault - get in writing. Write a quick summary of what happened, do a quick sketch as you'll forget otherwise

      Most insurance policies can be voided if you admit fault at the scene. You should never admit fault, even if it clearly is. It's up to the insurance companies to come to that conclusion.

      That said, if the other party is stupid enough to do so, then all the better, but look after yourself.

      • lplau on 30/12/2014 - 23:10
        -1

        Make sure you get it on recording that the other party admit fault.
        Also make sure you clearly get their consent on recording their admission, as it won't be admissible in any courts if you don't get their consent.

    • lgacb08 on 01/01/2015 - 11:46

      Regarding 3, I don't know about other states but in VIC, you can only request name, address and registration number from the other party, the rest is courtesy so don't be aggressive if you don't get more than that.

  • snook on 29/12/2014 - 14:52

    All insurance companies can be as bad as the next.

    In the very early 90's, I was with the GIO, full comprehensive, and got rear ended by a truck. There were 2 independent witnesses. GIO took my no claim bonus away because I claimed and made me pay excess. It took maybe 8 months to get that excess back from them and that was 8 months of me chasing them. I did NOT get my no claim bonus back.

    After another incident with AAMI (not long after) I didn't have any insurance for a good 10 years. Didn't miss it and saved myself a fortune. Just made a mental note to stay away from any Maserati :) I only got TTP again because I ended up with a foreign partner who didn't like driving on the left side of the road.

    I've since gone to Ken Tame and associates via a CMCA membership and they are the best insurers ever. Cheap and great service. Have had an at-fault accident (with a tree branch) and a stolen vehicle and they were easy to settle with.

  • [Deactivated] on 29/12/2014 - 20:04
    +1

    Had this same issue few years back. Bloke reversed into me in a car park.
    I lodge a claim instantly and NRMA took care of everything.
    Car got fixed as he was at fault.

    even though they are a bit expensive now i know why I'm sticking with them.

    thanks for the heads up with them third party mobs.

    • Richardc on 01/01/2015 - 11:02

      u can show them others prices, they might able to match them.

      • [Deactivated] on 01/01/2015 - 11:34

        We have a fair bit with them and I have squeezed out as much as I can for now.
        actually the recent move to our new house actually dropped the total amount by a few hundred dollars actually and we are pretty happy with our costs now.

  • KingstonTheNotSoWise on 29/12/2014 - 20:08
    -2

    To my understanding how it normally works with insurance companies, regardless of whether she stopped and reversed into you, if you run into someone with your front end, insurance companies basically default the blame on you, even if you didn't, so even in a situation for e.g. if there's 3 cars, car#1 is in front of you and stationary, you're #2 and stationary then #3 comes and rams into you hard enough that you ram into #1, insurance will still put you at fault for #1s damage.

    For future reference, if you end up in an accident again (or if anyone does) stop everything, hop out, whip out your camera/phone camera and start snapping before moving your car or allowing the other person to move their car. It won't guarantee you success in a claim but it does help a lot more than just words. I plan on getting myself a dash cam as well as a rear cam soon, because of situations like this. Also I'd recommend getting a quote on the damages first because sometimes lodging the claim can cost you more than the repairs, I doubt it will if the hood is damaged that bad but you never know.

    Also don't try to be too kind to the other party (respectful yes but don't let them walk over you) in these situations, if someone can't drive in a bloody car park without hitting someone they shouldn't have a license in the first place, it was their fault, if it stresses them out, it's their fault, if it costs them money, it's their fault, not yours,

    • rigby75 on 30/12/2014 - 08:11
      +2

      Wolf503 it would be car 3 fault and car 1 would need to deal with car 3 insurance. I was the car 3 once.

      • The tiger on 30/12/2014 - 09:00

        Hi, rigby you are right. I experienced same.

    • lplau on 30/12/2014 - 23:07

      Would be interesting going to court though in regards to whipping out a phone and taking footage. lol.
      I can see a lawyer ripping you up in court because you were illegally using a phone whilst driving…. haha

      • KingstonTheNotSoWise on 30/12/2014 - 23:48
        +2

        That's why I said to "stop everything, hop out, whip out your camera/phone camera and start snapping".

  • JNK on 30/12/2014 - 09:14

    You'll have to make a claim against her insurer.
    From what you're telling us, the evidence of the damage looks like it may go in your favour.
    Might be difficult for the insurer to deny it. but if they do, you might need to seek legal advice on challenging them.

  • Azn310 on 30/12/2014 - 11:14

    I wouldnt bother with comprehensive insurance if your car value is less than $6000, or if comprehensive is only $2-300 on top of third party fire theft (which is never my case)

    For a driver, you should know well that in a bumper to bumper accident, the car behind is always at fault. So clearly you should have gotten a few witnesses to protect yourself. Because if i was to walk by your accident scene, without seeing what happened, i would assume you hit her.

    • Azn310 on 30/12/2014 - 21:21

      Sorry, rephrase, would only bother if car value is over $6000, or comp insurance is 200-300 on top of third party fire theft (mine is third party fire theft +700..)

  • reecious on 30/12/2014 - 15:09

    Go through her insurance.. if she denies it, take her to court.

    The first thing you should do is whip out your phones camera and start recording. Don't take pictures, record first. She may say things like, "I'm so sorry" or "I didn't see you". These are all things you can use against her if she denies it. Record both vehicles in their entirety afterwards. Then finally before leaving, take photos after you move your cars. Sure you hold up some people behind you, but this is thousands of dollars worth of damage. Make it brief, film for about 30 seconds and then leave.

    I'm not saying people should do this to incriminate other people either with one sided recordings, but if you're clearly in the right… then go for it and start recording.

    I usually put my phone on video record when I go on long drives to catch everything, including others whom may be in accidents.

  • lplau on 30/12/2014 - 23:03

    Nothing you can really do, unless you have witnesses or footage showing the accident.
    I know of a friend who was in a similar incident, but it was at the lights while standstill and the guy at the front reversed and rammed into his car. My friend being stupid didn't bother getting anybody nearby to be a witness, instead just took down the details and left.

    Sadly the rule when it comes to no witness + footage, "who ever hits the back = one at fault".

    It will just be a case of he said she said, unless there is CCTV footage from the carpark or your own footage of the incident.

    Even if you had comprehensive it may not even be useful in this case, as the other driver could easily just keep saying you ran into them not them back into you.

    Which is why in addition to getting comprehensive, you should invest in 2 good dashcam for the front and rear to capture everything!

  • MementoMori on 31/12/2014 - 01:18
    -3

    A few points.

    1 - you are stressing out about something that might not even happen.
    2 - my understanding is, a car park is private land and regular road rules don't legally apply. I.e. Any accident, no matter who is at fault essentially becomes a 50-50 if it ends up in court.

    Honestly though don't stress out about it I'm sure everything will be fine. I believe most people are actually pretty honest and trustworthy.

    I would just go and get a quote to get your car fixed and your choice of place and then contact NRMA and make sure that they will pay for it. As their party hit you they will want you to use one of their approved places but the reality is you can use whoever you like

  • Architectonic on 31/12/2014 - 07:15
    +1

    "2 - my understanding is, a car park is private land and regular road rules don't legally apply."

    Not at all, please read the road rules. Specifically:

    http://www.ntc.gov.au/Media/Reports/%28F1D63B25-98A0-8E5A-EB…

    Page 4, (Part2 , Divison 1, 12: What is a road)

    (1)
    A road is an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

  • Creamsoda on 31/12/2014 - 10:50
    +1

    get a $100 in dash dvr with gps. save you all the stress wondering if the driver is going to flat out twist/lie to weasel out on their payment. best investment if you have a 3rd party insurance.

  • xuqi on 31/12/2014 - 10:56

    It all depends on how trustworthy the other driver is, in owning up that they were the one reversing.

  • onlyletters on 31/12/2014 - 11:07

    Always in the event of an accident, take pictures and report it to police, then report it to your insurance and their insurance, in your case, you'll have to wait for them to do it.

    • slix_88 on 31/12/2014 - 14:31

      Please do not report minor traffic offences to the police. The following gives you a good idea on when it's suitable to call 000 for the police:

      When will the police attend the scene?

      Police will not always attend the scene of an accident. They have guidelines about when they will and will >not attend. The police are likely to attend the scene of an accident where:

      • someone is killed or injured
      • drivers have not exchanged details
      • a driver appears to be affected by drugs or alcohol
      • police need to direct traffic or deal with hazards, or
      • a bus or truck needs to be towed.

      In these cases, you may call 000 so that the police can attend the scene.

      Source: LawAssist

    • lplau on 31/12/2014 - 15:58

      Not sure why people keep telling the OP to take pictures of the scene…

      Taking pictures in this case won't prove that it wasn't your fault.
      Since it becomes a he said she said.

      Pictures cannot prove that they reversed into you or that you ran into them.

      If there was a dashcam then that would easily prove that they reversed.

      • onlyletters on 31/12/2014 - 17:37

        You can tell by the marks on the bonnet and vise versa how the accident happened.. Pictures puts the other guy on the spot so they can't run..

  • sirplus on 01/01/2015 - 20:57

    AAMI told me their third party covers your own car damage (up to a lowish limit) if not your fault as long as you can identify the other party.

    • lplau on 01/01/2015 - 23:58
      +1

      Huh?
      If its not your fault then the person at fault's insurance will cover the repairs on your own car no matter what type of insurance you have.

      Even if you have NO insurance, and it wasn't your fault, the other guy will need to pay for your repairs.

      I think you meant this thing from AAMI, they cover you if the other guy is uninsured:
      Damage caused by an uninsured driver
      We pay up to $5,000 for damage to your car caused by an uninsured driver.

      • sirplus on 04/01/2015 - 02:26

        "If its not your fault then the person at fault's insurance will cover the repairs on your own car no matter what type of insurance you have."

        That's in an ideal world.
        What if they don't care enough to have any insurance or refuse to put in a claim and ignore all demands?

        "Even if you have NO insurance, and it wasn't your fault, the other guy will need to pay for your repairs."

        I'll make sure I run into someone like you and not someone who tries to weasel out of their obligations then. ;-)

        I meant exactly what I wrote, this is exactly what the rep told me only a couple of days ago and I asked some pretty explicit questions and got the answers to back up what I wrote.

        They said they cover my own damage up to a limited amount (excess applies) if I was not at fault.
        That would mean they pay repairs to MY car and recovery of their costs is by them (from the other(third) party/the other parties insurance) not by me.
        ie if the other party refuses to put in a claim through their insurer/doesn't have insurance/can't/won't pay its AAMIs problem, not mine.

    • The tiger on 02/01/2015 - 10:16

      Hi, Sirplus, unfortunately in my case I was just turned down by AAMI for the reason I was on their third party insurance cover even though my car was dented at the rear and that I had all the details of the car driver. Result I repaired my car at my own expense and would never go a third party car ins. cover thereafter.

      • sirplus on 04/01/2015 - 02:38

        Your policy must be different to the one we just signed up for. Perhaps it has only just been introduced and doesn't apply to old policies?

        They made a big song and dance about how, with their third party property cover, we WOULD be covered for our own repairs (limited) for a no fault accident where we an identify the other driver.

        They even pointed out this included our own personal property inside the car

        I was suspicious as this flies in the face of what third party property cover is inherently. Having said this, I used to be in insurance and asked al the right questions and threw some scenarios at them. All the answers were as I described it here.

        Admittedly we are waiting still on the PDS (I wanted a paper copy) and if it's not as represented are within the cancellation period only they were VERY explicit we would be covered.

        I would push a bit harder and question it again (or at least read the PDS for your cover) if I were you.

        • Lucious on 04/01/2015 - 11:04

          According to page 16 of the current AAMI Third Party Car Insurance policy:

          http://www.aami.com.au/sites/default/files/fm/pdf/third-part…

          It states you're only covered if the other driver is uninsured. I think you've been misled by the salesperson unfortunately. It is standard in the insurance industry however. I doubt you'll find an insurance company who covers you unconditionally for not at fault incidents when you only have Third Party cover.

        • sirplus on 04/01/2015 - 11:45

          @Lucious:
          Thanks, appears to have been misrepresented in that this policy feature applies only to damage by uninsured 3rd parties (which is still valuable), will follow through with AAMI.

      • sirplus on 04/01/2015 - 11:34

        Quote
        Lucious 26 min ago new
        According to page 16 of the current AAMI Third Party Car Insurance policy:
        http://www.aami.com.au/sites/default/files/fm/pdf/third-part…
        It states you're only covered if the other driver is uninsured. I think you've been misled by the salesperson unfortunately. It is standard in the insurance industry however. I doubt you'll find an insurance company who covers you unconditionally for not at fault incidents when you only have Third Party cover."

        So if other party had no cover AAMI can't refuse your no fault claim (excess applies)…

  • Lucious on 02/01/2015 - 06:54
    +2

    From the responses already it should be clear what needs to be done but I just wanted to chime in because there have been a number of posts assuming the worst. I have approximately 10 years experience in motor claims management and in my experience people almost always tell the truth as far as the accident circumstances go. You do get the odd conflicting version of events but it is the exception not the rule. The insurer will go by what their insured tells them (unless the insurer can see it is totally implausible). If the insured admits reversing into the other car the insurer will not allege differently.

    Other than in a few specific circumstances (eg if the insured has passed away) an insurer will also will also only act for their insured when they have formally lodged a claim and if their insured is not claiming for damage they will only settle the at fault party when their insured has paid their excess. If the cost of the claim is under or close to the excess the insured may not worry about submitting a claim. Everyone has a legal responsibility to mitigate their loss so getting 2-3 quotes is an acceptable way to do this without having to pay a motor assessor to assess the damage and quote.

    So in conclusion get the quotes the other party has asked for and give them to them along with a formal letter of demand (nothing too wordy, written confirmation you hold them responsible for the accident). They'll likely either give the go ahead on the cheapest quote or pass it to their insurer if the damage is a fair bit more than their excess.

  • evo7 on 17/06/2015 - 10:47

    hi guys, last week I got car accident and now I don't know the next step I need to do.
    so this is the story, she hit my car back and when on the scene we exchanged the license details and mobile number.
    after few hours I call my insurance (coles third party property insurance) and the customer service said because of I just third party insurance they can't help me and they just asking me to chase her to logde a claim. and I tried to contact her and asking about her insurance company details but she ignoring me and she doesn't give me her insurance details.
    so anyone can give an advice how I have to deal with this case?

    • tomleonhart on 17/06/2015 - 11:07

      That's what exactly happened to me.

      I had some kind of evidence so i had to send her a letter of demand which in turn she accepted fault and lodge a insurance claim on her own policy.

      I guess the next thing you can do is to send her a letter of demand

Login or Join to leave a comment
Login Join