Tips for dealing with other insurer for not at fault accident, and avoiding Low Value/Old Car from write-off :-( [VIC]

[Deactivated] on 21/02/2017 - 23:35
Last edited 30/08/2022 - 11:19 by 1 other user

So I am very confident that I am not at fault. No injuries either side by the other driver is an overseas student who turned right across traffic, where the lane closest to him had traffic at a standstill but he didn't look for oncoming traffic on the far lane where traffic was still flowing and hit me. I have enough photo evidence and witnesses.

No Police attendance.

I have 3rd Party Insurance only.

My Car is very reliable with low kilometers for it's age (less than 120,000kms ) and never had a major mechanical issue. It is well maintained and a few minor upgrades (Bluetooth, Tow Bar).

Obviously the age of the car is going to work against me here :-(

Redbook website gives value at a maximum of $2600, I have seen ads on CarSales for similar cars with 180,000+ kms listed for around $4200.

I don't want to claim on my insurance because I'm not at fault so why should I pay to make a claim that's his fault. He has comprehensive and will need to claim anyway for his car (massive damage to his much newer car), so no chance of settling it privately, and I feel like his insurance (CommBank) would be likely to fully cover both cars given that it's his fault.

I also don't want to claim on my insurance because that would put the decision making in their hands, and they might pussy out on the "who's at fault" question and keep the excess, whereas I'd be willing to go to Small Claims court if need be to prove it's not my fault. Also I don't want to risk them entering it as a Written-Off vehicle into WOVR.

I have a question, can the OTHER party's insurance company enter my vehicle as a write-off? Could they do so based on a photo? Could they do so if I have already repaired the car?

I'm wondering if I should avoid showing the other party's insurance the damage first, and just proceed to getting 3x quotes and fixing it for as cheap as possible and then just give them the bill.

• 

  Strahany on 22/02/2017 - 00:19

  Your other alternative is to seek out a third party business who processes not at fault claims. I can't remember the name of the company (Melbourne based) that I used, but I had the same concerns. I was in an accident that was not my fault, and was concerned that my car would be a right off (late 90s BMW - Redbook listed its value as around 4.5k, but its a rare model and I just had thousands of dollars of work done on it so definitely didn't want to write it off). They handled the entire process, and ended up getting it valued at just over 8K so were able to repair absolutely everything with no worries. Not only was it easy, but my premiums don't go up because I didn't have to contact my insurer to chase them up.

  • 

    [Deactivated] on 22/02/2017 - 01:25

    +2

    If anyone could drop some names for this kind of service, that would be very much appreciated!

    Update - other driver has sent me a text message indicating that he doesn't want to file a claim because "it's not my fault" and "my friend will deal with it". Oh boy I think that his friend is feeding him shitty advice. Why do people have to be such dicks. You ran into me now pay your (profanity) dues. Don't worry I'm sure I'll convince him to claim :-) I already sent him a polite but strongly worded message back, and will follow up with further demands if he doesn't.

    • 

      ThithLord on 22/02/2017 - 08:53

      Did he admit fault via any texts before that? You can use that for claims, regardless if he changed his mind. Good luck; I hope he doesn't turn in to a real C U Next Tuesday!

    • 

      garffi on 22/02/2017 - 08:55

      +1

      Claiming with your insurance isn't going to cost you money because you're not at fault. When the AF driver seems like a d*ckhead, I just call up my insurance and let them deal with him.

      Not sure how you'll avoid getting written-off. Giving the cheap quotes may work as long as it's cheaper than the car. But don't they require you to get it inspected?

      If you don't go through insurance, can't you just send the AF driver the quotes? If he agrees to pay then you're car is fixed instead of possibly written-off?

      • 

        shapers on 22/02/2017 - 11:28

        "I have 3rd Party Insurance only"

      • 

        MeesusEff on 22/02/2017 - 11:49

        will a 'not at fault' claim affect your premium though? I asked my insurance company because someone backed into me at the train station and she said 'I can't say as it will show up in your file that there's been a claim' …

      • 

        mbck on 22/02/2017 - 12:09

        While you won't have to pay the excess, your premium will go up. When you are trying to get a new insurance, they will ask you how many at fault, not at fault claims you've made and how much. This will also result in your premium going up. You can obviously say none in the past, but why risk having issues down the track…

      • 

        [Deactivated] on 22/02/2017 - 13:12

        @mbck: Exactly. I don't want to put in a claim as it could affect my insurance options in the future

      • 

        mbck on 22/02/2017 - 13:40

        @The Land of Smeg:

        The other party won't be able to write off your car through a photo. They will need to get it assessed. Now you can go to their authorised service place, or you can choose your own, draft a quote and pass this to the insurance agent. If you decide to use other repairer, what will happen as well is they will want their own/independent repairer to attend the assessment; they will discuss the viability of repairing vs writing off.

        The insurance company will then let you know of what they'll do with the car.

        EDIT: after reading the below comment.

        15 yr old car, no need to be written off. Just get max payout then fix the car yourself.

      • 

        [Deactivated] on 22/02/2017 - 13:50

        @mbck: I've been digging around and from the looks of things their insurance company doesn't get to decide what to do with my car, it's not theirs, it's mine, and the car is too old to even be declared a "write off" so I'm good there, so the best I can hope for is that they offer me a big payout and then I get it fixed however I want.

      • 

        mbck on 22/02/2017 - 13:52

        @The Land of Smeg:

        Yap, sorry, forgot to edit this post after reading the below post! Hope you get the best price for it!

      • 

        [Deactivated] on 22/02/2017 - 14:06

        +1

        @mbck: Only problem is dealing with the idiot who hit me, he is flip flopping his story, latest is that a Debt Collector called me because he claimed to them that I hit his parked car. I burst out laughing when I heard that. This guy is a real joker. Might need to enlist some help just to get the idiot to put his claim in, which it makes zero sense for him not to.

      • 

        garffi on 22/02/2017 - 16:02

        @shapers: Damn I'm blind

• 

  dazweeja on 22/02/2017 - 09:36

  +1

  I don't see the problem if it's a repairable write off. If it's over 15 years old, it doesn't go on the register. You could just buy the wreck, repair it and put it back on the road. They leave it up to you to cancel the rego and obviously it's much easier if you don't. This isn't me but this describes your scenario (and mine not long ago):

  https://www.shannons.com.au/club/forum/general/written-off-v…

  • 

    [Deactivated] on 22/02/2017 - 09:39

    +1

    I read into it, and it's an absolute shitload of paperwork to get it back on the road (at least in VIC), and not cheap either - which insurance would not cover for if they have already paid out a write off, making it probably not worth it, so I would want to avoid that.

    Not to mention that the car's remaining rego is probably factored into the value, so that is lost, and also the car would be forever tainted as being written off. And it being forever tainted as a write off

    edit: 15 years? Wow missed that bit. so maybe it's in the clear?? Old faithful is untouchable by the "write-off" stick?

    • 

      dazweeja on 22/02/2017 - 09:56

      +1

      I read all the rules I could find, and decided there's no issue at all. Over 15 years it's treated as it should - a financial issue. Just because one party decides it's not worth the money to repair, doesn't mean you do. Of course, it needs to be repaired because it's illegal to drive a vehicle that's not roadworthy but I don't see any other requirements. I believe the point of the register for repairable write-offs is more about stopping insurance scams. A statutory write off is different - that's a safety issue - but a repairable write-off should be a financial decision only.

      I'd recommend getting advice from Vicroads. I'd be very interested if you get advice to the contrary.

    • 

      mbck on 22/02/2017 - 13:44

      Here's the link to check confirm daz.
      Vicroads

      You can get a payout, then repair that without paying any other costs to re-register,etc.

• 

  [Deactivated] on 22/02/2017 - 14:28

  Anyone got some good suggestions for getting the highest car valuation? I want leverage with their insurer

• 

  Euphemistic on 22/02/2017 - 14:51

  Get three quotes for the repair work and submit it to the other drivers insurance company, avoid the driver if they are playing games and you know they were in the wrong.

  You SHOULD be able to claim for the repair work or cost of replacement whichever is lower. Once you've received the cash can decide what you do with it - dodgy backyard repairs and a holiday, cancel the rego then scrap it and buy a new car, get it repaired at one of the places that quoted you.

  The other insurance company might want you get their assessor to verify the cost of repairs, but should not be able to dictate what happens to the vehicle unless the damage renders the vehicle not actually repairable (as compared with not economically repairable).

  • 

    [Deactivated] on 22/02/2017 - 14:59

    Thanks, I think I've got his games under control, but still waiting for that claim number.
    I have had my mechanic check it and no structural damage, so it's "repairable" but all the panel beaters I asked said that it's not economical to do so to their standard so it's not worth their time to even quote (everyone knows that panel beaters charge an arm and a leg).

    At the moment I'm focused on how to get the maximum value possible for my beloved car while at the same time keep up the pressure for the other guy to claim.

    • 

      Euphemistic on 22/02/2017 - 15:06

      If it is not economical to repair, then submit a fair market value of your car as your claim.

      • 

        [Deactivated] on 22/02/2017 - 15:22

        Tips on getting the best fair market value assessed?

• 

  Ughhh on 22/02/2017 - 22:43

  Slightly off topic, but what happens if the at fault party denies being at fault, and the collision isn't super obvious to the dash cam (eg. bonnet isn't half bent, car isn't flying across the road)?

  • 

    [Deactivated] on 22/02/2017 - 23:15

    Believe it or not this joker is still stringing me along, even got a phone call from a debt collector because he told them that I hit his parked car. I have so much clear evidence and witnesses to the contrary that I literally burst out in laughter.

• 

  [Deactivated] on 24/02/2017 - 15:36

  UPDATE: Other person has filed insurance claim and I have spoke to their insurer whose accepting quotes for the repair. They didn't tell me their clients version of events but they slipped one detail which sounded more accurate to the truth than before.

  They said that they were not asking me to pay for anything and they would be covering the repair or payout if it's uneconomical to fix "at this stage". I couldn't get any clearer answer on what "at this stage" means but I think I'm pretty much in the clear as far as them covering the whole thing unless there is some major issue?

  Is that right?

  Also they offered a hire car, they wouldn't offer a payout to use a family member's car (I would have to pay to go on their insurance).

  Does anyone know if I accept a hire car would that reduce my negotiating power in the event of a payout? They say it won't and that the assessor is to "government mandated standards" but I'm not sure if that's bullshit or not?

  ETA for their Assessors to do their thing is 10 days.

  Also I am aware of a trick they use to get a cheaper hire car with a huge excess. Don't worry I won't fall for that one if I do get a hire car