Car Crashes into My Fence. I Pay The Excess?

R3XNebular on 04/06/2016 - 15:01

Hi

Just after some advice…

I had a car crash into my fence, they've exchanged details and are making an insurance claim. They have full comprehensive insurance.
I am with RACQ insurance. I was of the opinion if I was not at fault that I would not be required for excess however as I am making a household claim they still require me to pay the $1000 excess. They stated if they are unable to recover the costs from the other parties insurance company for the excess then we would be out of pocket… I know if its a vehicle vs vehicle that I wouldn't be liable to pay the excess.. but was not aware that regardless of who is at fault in relation to property damage I am still required to pay the excess.

Was wondering if anyone had any luck getting this waived. I am worried that RACQ is unable to recover the costs and I would be out of pocket.

Automotive

Comments

  • altomic on 04/06/2016 - 15:22

    what does your household insurance policy say?

  • [Deactivated] on 04/06/2016 - 15:30
    -2

    Why would they even bother chasing it up when they have your money? Don't pay.

    • isthisreally_me on 04/06/2016 - 15:49

      Sure dont pay and insurance wont help you out. OFC you have to pay, its pretty standard. Then wait for them to recover the money and you get it back.

  • tassieeagle on 04/06/2016 - 16:27

    I'm totally confused, why would you need to pay anything?

  • oscargamer on 04/06/2016 - 17:40

    read your policy about when an excess applies

    i can't imagine that you are required to pay an excess if you have identified an offending party….

    • R3XNebular on 04/06/2016 - 19:13

      I think racq is trying to ensure that they are not of pocket. Doesn't make any sense. The excess applies to any claims. Sounds absolutely ridiculous. Won't be going with racq again.

      • oscargamer on 04/06/2016 - 19:33
        -1

        have you actually READ the words in your policy that say you pay the excess for any claim

        once you have, please post them here, because it WON'T say that

        READ YOUR POLICY AND POST BACK

    • SydneySwan on 05/06/2016 - 08:34

      For home & contents it doesn't work like that. If you have an excess on your contents policy and a burglary results in a loss then the insurance company will pay you the claim less the excess even if the burglar is identified and arrested.

  • Blitzfx on 04/06/2016 - 17:46

    Something doesn't sound right about what your insurance is saying. Either way, if the other party's insurance doesn't cover it, then THEY personally have to pay the difference to you, which hopefully wont require you filing a police report.

    Image if the other party drove around ramming into everyone's fence and didn't have to pay a cent. Doesn't sound right does it?

    • chumlee on 05/06/2016 - 09:47

      If the other party drove around ramming into everyone's fence the police will be charging them with reckless driving and a few other traffic offenses

  • GLO on 04/06/2016 - 17:53
    -1

    Give your insurer their details and let them chase them.

    If they dont have comprehensive insurance then they will treat it as you making a claim.

    • oscargamer on 04/06/2016 - 17:55
      +1

      not necessarily correct

      read the policy

      different insurers treat this type of incident differently

      • GLO on 04/06/2016 - 19:21

        Maybe the $1000 excess is refunded if they successfully claim against the other party.

        • R3XNebular on 04/06/2016 - 19:25

          What's confusing is that we're both with racq. Maybe it's best if I cancel the claim and wait for the other parties claim to go through? Will have to call on Monday. Was unable to get through today as claims was busy.

        • GLO on 04/06/2016 - 19:31
          -1

          @R3XNebular:

          Call your claims officer and tell them that your FENCE was stationary and hasnt moved for years.

          They must be thinking that the other party hit your CAR instead of your FENCE.

          Their policy should cover other peoples property damage. At least thats why in NSW we have 3rd party Green Slip insurance to cover static objects as well other non-automotive objects like pedestrians, cyclists etc.

        • whooah1979 on 04/06/2016 - 19:43
          +2

          @GLO:

          in NSW we have 3rd party Green Slip insurance to cover static objects as well other non-automotive objects

          that is totally incorrect.
          http://www.greenslips.com.au/about-greenslips/who-what-cover…

          About Greenslips
          Who & What is Covered?
          Your greenslip does not:

          Cover the driver a fault to the full extent of the scheme, unless the driver is catastrophically injured (as defined by the Lifetime Care & Support Scheme and in which case that scheme applies).
          Cover damage to your vehicle or property.
          Cover damage to other peoples' vehicles or property.
          Cover you for theft of your vehicle.

          .

          like pedestrians, cyclists etc.

          this is correct.

        • r2160 on 05/06/2016 - 19:27

          @whooah1979:

          as they have said, your greenslip is for people damage, NOT property damage

        • goodcopbadcop on 05/06/2016 - 23:31

          @GLO: They are with RACQ - therefore in Queensland not NSW.

  • R3XNebular on 04/06/2016 - 19:18

    Have I done the wrong process? Am I meant to contact the other parties insurance company and ask them to pay for the fence? I read in other posts that I make a claim/provide details to my insurer to chase the money as that's what I pay my insurance company for.

    • [Deactivated] on 05/06/2016 - 11:24

      I'm not saying this is correct but this is what i would have done.

      Tell your insurer what has happened and inform them you are attempting to recover costs, ie do not make a claim.

      Attempt to recover costs from the person not his insurer. You should send him three quotes for the cost of fixing the damage and demand payment for the lowest amount. He will then go to his insurer and make a claim to say he was at fault. If he doesn't then spend a few hundred getting a lawyer to send a rather threatening letter demanding payment otherwise you'll take him to court (all bluff of course).

      At this point if he still doesn't budge go to your insurer and make a claim against your insurance policy, you probably will have to pay the excess at this point. They'll make a financial decision whether to chase up his insurance company or simply pay you out. The insurance company also has buildings full of lawyers pondering what the best course of action is, that's their job.

      I don't think you've done anything wrong by going straight to your insurer. You may have to pay the excess of the other persons insurer refuses to admit fault, and your insurer is going to think hard before tackling another insurer.

      My mum spent four years taking on someone elses insurer (who i will not name) to recover costs from a car accident that wasn't her fault. They wrote off her car and only offered a few hundred for a car that was worth $5k. She got her money back in the end but it was an epic battle, see got local MPs involved, the RTA/RMS, the ombudsman and more. In the end i think they paid her out to get rid of her.

      My advice, do everything but take on an insurer…

  • whooah1979 on 04/06/2016 - 19:38
    +1

    it's most common for the policyholder to pay the excess when they file a claim. the insurer can waive or refund the excess when the party at fault is identified. if you don't want to pay the excess, don't file a claim.

    • goodcopbadcop on 05/06/2016 - 23:32

      The party at fault has been identified - they are both with RACQ

  • Nunks on 05/06/2016 - 08:54
    +3

    14yrs ago a youngster being chase by police drove onto our property,crashed into our 3 cars,took out some palms and went through colour bond fence, ending up on neighbours back porch.
    Car insurance was with Nrma,no excess.Home insurance with qbe - excess had to be paid and was refunded when claim was settled.
    I did have to give them a call to remind them though.

  • oscargamer on 05/06/2016 - 09:27

    why are you claiming on you policy?

    your insurer should be chasing the driver against their policy, but given they are both the same company, they might try and stooge you into claiming on the home

    • Noblejoker on 06/06/2016 - 11:31

      To activate the cover under the policy you need to make a claim
      On most Home insurance policies to make a claim you make a report and pay an excess
      Your insurer does not start working for you until you do this
      Yes they will chase and get the money back

      As others have said - read the policy
      If you can't be bothered to read the policy ring your insurer for an explanation
      If you can't get an explanation - consider giving your $$ to an insurer who has better service

      PS I may be biased as I am the provider of better service :)

  • [Deactivated] on 05/06/2016 - 10:09
    +1

    When you make a claim all the insurer has is your version of what happened.
    The excess is charged at this point because you could be making it all up.
    When fault is established they should refund the excess to you, (in theory they claim it from the other parties insurance).

    • Noblejoker on 06/06/2016 - 11:27

      Correct - except they only refund it after they receive it back from the other party/insurer
      This can take a while

  • Noblejoker on 06/06/2016 - 11:26

    Most CAR insurance policies have a Not At Fault clause which waives your requirement to pay an excess if you are NAF and provide all the details of the part at fault

    Most HOME insurance policies do not have this clause

    Your choices are:
    1. use your policy and pay the excess - they will get it back and refund you eventually
    Almost certain as the other people are insured with the same insurer - it's just a time thing

    1. Withdraw your claim and make a claim again their Insurance
      Note they will not help you much as you are not their priority - their client is their priority and you are (choosing not to be) their client - in this case you are an external claimant
      You can get fence quotes - maybe multiple - put in claim and wait for payment

    I would go with option 1 - get everything fixed fast and chase up your excess reimbursement in a couple of weeks

  • R3XNebular on 08/08/2016 - 01:23

    Thanks for all the tips, have been paid out for the damages.

    The insurance company stated that I would be liable for the $1k excess but I wouldn't have to pay until they recovered the money and if they werent able to recover the money I'd just refuse to pay and cancel my insurance.

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