Neighbor Smashed their uninsured car into our house (accident)

• 

  resubaehtgnolhcs on 21/09/2015 - 21:17

  +15

  Not your fault! As long as you can give your insurance company the name and details of your neighbour (which I am assuming shouldn't be hard for you), who is at fault then your property will get fixed (at no cost to you) and your insurance company will chase your neighbours for the cost.

• 

  chumlee on 21/09/2015 - 21:20

  -7

  Yes you will need to pay the excess

• 

  Geekomatic on 21/09/2015 - 21:25

  +2

  The short answer is that your insurance has to cover it. Rego even states that it doesn't cover other damage…It's really bad, but beyond calling around to other insurers to switch (as it's a freak thing that won't re-occur) it's just another unfair slice of life.

  Sounds like going after a couple of pensioners wouldn't be great & would likely cost, too. Sux.

  You should contact the financial insurance ombudsman to double-check, though.

  https://www.fos.org.au/

  Sorry. :(

• 

  Miss Dior on 21/09/2015 - 21:27

  +5

  No third party property insurance? Short of lodging a claim against them, it looks like you need to come to an arrangement with them for them to pay your out of pocket costs. You probably need the help of some type of community justice centre. See if you have a local community legal centre for a bit of advice before you start dishing out hard earned money. Sadly it is their fault, and I suspect, their costs to wear - the danger of driving uninsured. On the other hand, you do have insurance so this must be some comfort to you and it is the reason we seek to have insurance. I think your insurer might sue them to recover some costs but you would need to check on this with the insurer. Either way I think they are in a bit of bother, especially financially. I would also report the accident to police ASAP so you have an official record of events.

• 

  thatonethere on 21/09/2015 - 21:47

  +1

  Could try small claims - but you could end up with a payment plan of $5/month…

  The idea of affordable insurance is to reduce your exposure to financial loss - not eliminate it entirely (just imagine if you had no insurance at all - then imagine how much insurance would cost if you had no excess to pay at all!)

• 

  indium on 21/09/2015 - 22:03

  +5

  Can't believe people drive around with no third party insurance. Not sure what your options are :/

• 

  Findo on 21/09/2015 - 22:27

  +1

  Can you send the bill to your neighbours?

• 

  Amaris on 21/09/2015 - 22:52

  +5

  Your neighbour was not uninsured but self-insured. With at least some car insurance companies that means you don't have to pay an excess. Once you give the details of the guy who damaged your car your insurance company will chase that person personally for costs.

• 

  [Deactivated] on 21/09/2015 - 23:24

  +5

  Ask your insurance company how it is your fault that drove into your house… Your house that has been in the same place for years and hasn't moved ever…. you know. Because its a house.

• 

  cktftw on 21/09/2015 - 23:29

  +1

  It's not your fault but I think that's how insurance work I think. Dont think you can get out of it unfortunately. My hot water system was stolen and I had to pay the excess although it wasnt my fault obviously.

  Go to fmylife.com post your story and move on, at least no one's hurt.

  • 

    rompastompa on 21/09/2015 - 23:52

    +7

    I think you'll find that you paid the excess because there was no one to blame. In this case, we know who has the blame. Check with the insurer, but OP should pay the excess, then be reimbursed once neighbour is proven to be at fault.

  • 

    Randxyz123 on 22/09/2015 - 00:41

    +2

    My hot water system was stolen and I had to pay the excess although it wasnt my fault obviously.

    Because you don't know who did it.

    If someone rear ended your car, you could make a not at fault claim with your insurance, they would send the at fault driver the bill and you wouldn't have to pay a cent. This is no different. The OP knows it was the neighbours.

    If some douche hit your car door while you were at the shops you would have to pay your excess to have it repaired because you don't know who to bill for the damage.

  • 

    cktftw on 22/09/2015 - 09:42

    Thanks for clarifying. Hopefully OP can get his neighbours to cover the excess in this case

    • 

      Randxyz123 on 22/09/2015 - 09:52

      -1

      No what will happen is the insurance company will chase the at fault party for the damage they have caused.

• 

  Randxyz123 on 22/09/2015 - 00:37

  +1

  I called my house insurance and they have advised that I will have to pay access $1000 and they will also increase my premiums by 15% and I am guessing the same will be with the car insurance.

  I don't understand why you think you have to pay your excess….? You aren't at fault. What did you tell the insurance company?

  At the very least you can make a not at fault claim with your car insurance and have that sorted.

  My neighbor has apologized but has also advised me that he has no insurance n both pensioners.

  Tough s*** to them. They chose to drive without insurance. You are insured so you do NOT need to pay and your premiums won't increase.

  Why should you be out of pocket and inconvenienced because they drove into your house?

  I'm interested what exactly happened… Were they on drugs? or drunk? or driving like a idiot?

  Why don't you want to claim against them? Your car insurance assuming it is comprehensive will do the billing for you and if necessary take them to court.

  Your home insurance will be more complex. You're gonna have to find out how you can get the money off them.

• 

  Geewhizz on 22/09/2015 - 06:10

  +5

  As a total aside, HAVE the police been advised that he drove into your house? I'm thinking if he is aged, his driving possibly needs to be assessed to determine whether he's still fit to drive. Your house today, it may be someone's child tomorrow.

  I personally think you should be seeking legal advice as to the insurance issue. If he is genuinely uninsured, but owns his home, you could possibly agree with him to have a lien put on his house for the amount you will be out of pocket, should it be sold. Or he can at least make an effort to cover you for your losses.

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  MITM on 22/09/2015 - 06:24

  +1

  I presume you took out both insurances because of unforeseen incidents that may occur in the future on a more than likely gambit, and that you agreed to the T&C's of your chosen policies. Wise move.
  2ndly, the cost to the insurance company will be far greater than the cost to you.
  And more importantly - everyone can continue on as before - unmaimed.

  @ thatonethere - great concise comment, but I'd have the pensioners agree in writing to mowing your lawns for all the while they live next door to you in lieu of a monetary payment.
  Their choice to get hands on or pay Jim's Mowing.

• 

  Melbourne01 on 22/09/2015 - 07:13

  +3

  I will try and sort out things today with the insurance companies. Will update the thread anyways. Thanks everyone.

  P.S Yes, I reported the incident to policy but as expected they wont file any formal report as no one got hurt!.

• 

  DKC on 22/09/2015 - 09:06

  +1

  You shouldn't need to pay any excess. It is your insurance companies' responsibility to chase the at-fault party for money, not your job.

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  boonanza on 22/09/2015 - 19:34

  +6

  Personally I wouldn't care if they are pensioners & don't have insurance. They are obligated to fix your property and if they don't have insurance then sue them. It really pisses me off that people can have that attitude…