Justice System Loop Hole, and Why?

I have been in an accident, sorry if I can't type properly or missing a word or two, since I cant type a lot with one hand,I'll skip the telltale part.

Summary: This girl turn right, traffic jam, can't wait anymore for traffic to stop, suddenly take the turn cuz she thinks that her SUV is a F1 car, because I'm just half a second a head than the other lane, so my bike take the full force, the quote, $2999 to fix,

Her, no insurance, nothing, no job, blah blah blah.

So it will come out of my pocket, since I cant push her insurance for it, therefore my bloody premium will increase.
Ask my lawyer friend, I can push charge but the cost for it will be more than the cost to fix my bike, unless the damage is $20k-$30k, otherwise it is not worth it.

After a whole week chasing goose, if your car is old and if your skill is high, avoid it as much as you can, don't make the damage too high, don't buy insurance because your car is old, cheaper to scrap it. Unless that person press charge, otherwise you will walk away fairly easy. As the girl in my situation has demonstrated.

Comments

  • -8

    So you don't have insurance?

    And you like chasing Goose? bad move, Maverick killed Goose.

    • +11

      Maverick didn't kill Goose. They cleared him of any wrongdoing.

      • -1

        That ejection panel was extremely faulty. Hope the company who manufactured it got a massive lawsuit.

    • +2

      i do have, but the point is, my insurance will pay for it, since that girl does not have any, therefore my insurance cant push her to pay for the damage, which make my premium increase in the future, as for myself 2 fractures in my right arm, cant do anything for the next 2 weeks, and she walks away without any charge or or fine, well she got a police ticket though but the fine is nothing compare to what i have been through

      • +17

        If your not at fault why does your premium increase?

        • +1

          it will not? i will call the insurance again then because when i first contact them it sounds like the premium will increase.

        • -4

          Because his insurance is paying out, not the other driver's (as they don't have insurance).

        • +74

          @John Kimble:

          Doesn't matter, as long as you can nominate the at-fault person, you yourself pay no excess or have a premium increase.

          Your insurance company will then chase up the other driver personally for the money. If they need to they will get a court order to seize the other parties assets if they want too. If they deem it is worth it, of course. But that's up to them.

          OP go through your insurance. Also if you are in any way injured make a case to the other parties CTP insurance. You never know when injuries will crop up later down the line.

        • @AdosHouse: Oh, good to know.

        • @AdosHouse: Everything here is exactly what I came to say.

        • +1

          @AdosHouse:

          That's the way it's supposed to be, but even if you're not at fault, your insurance company will still consider you an increased risk because of the accident, and try to increase your premiums.

        • +3

          @Joney: Boo. It's not my fault people keep driving into me …

        • +3

          @Joney: This. When applying for insurance, a lot of them don't ask if you've been at fault, just how many accidents in general.

          Based on statistics, the risk for them to pay out to you, regardless of whether you were at fault, increases with the amount of accidents you've been involved in.

        • @AdosHouse:

          Depends on the policy. I used to have comprehensive insurance on my motorcycle with QBE and they only refund the excess if they recover the cost of repair from the party at fault.
          The guy who ran red light and almost took me out did a runner, QBE couldn't get him to pay up and I ended up being out of pocket in the end. This is despite having multiple independent witness statements provided to the police.

        • @djc926:

          Well than QBE lied to you and took you for a ride.

          This is straight out of the PDS:

          "All excesses
          You won't have to pay any excesses if your vehicle is damaged in a collision with another vehicle and
          all of the following apply:
          *We agree the other driver involved in the collision was totally at fault
          *You can give us the name and address of the other driver and the registration number of the other vehicle
          *The other driver isn't a family member."

        • @AdosHouse:
          why do people have to act like they know everything? is that out of their motorcycle pds? i doubt it because there is no such paragraph in their motorcycle insurance pds. I even took the matter to ombudsman and they ruled in QBE's favour as they are operating as per their PDS.

        • @AdosHouse:
          Wow I didn't even know this. That's good to know. I'm guessing there's not much you can do about someone smashing into your car at the shops and driving off before you get back.

        • @AdosHouse: QBE PDS: You can give us the name and address of the other driver and the registration number of the other vehicle

          In the Scenario mentioned by @djc926 wouldn't have been able to get this information as "almost took me out did a runner"

        • @jpee:
          incorrect. there is no such clause for their motorcycle insurance product.
          I had the rego number of that car and a few witnesses cited the same rego number to the police but didn't make any difference. the pds doesn't explicitly mention when excess does not apply. it simply says excess is payable with every claim made. When I talked to them they said excess can only be waived when they recover their cost from the party at fault. they never did and i never got my excess refunded.
          the leason was to read the pds with fine toothcomb because every insurer can be slightly different and in this case QBE's car insurance is obviously different to motorcycle insurance.

        • +1

          @John Kimble: that's not how it works. You are not at fault if they can identify the other party

        • @AdosHouse:
          Depending on state, in VIC you must follow these rules when you are involved in an accident:

          https://www.legalaid.vic.gov.au/find-legal-answers/traffic-o…

          If the accident was your fault
          If you are not insured and the accident was your fault, the other driver’s insurance company will try to recover the money for the damages. If you don’t pay the debt the insurance company can take you to court.

          If the other driver does not have insurance the other driver may sue you for damages.

          A community legal centre may be able to help you. See Get help.

          Part of the insurance companies obligation is that they pay for your repairs and manage the debt recovery with the responsible party.

          In the end, defensive driving saves you and others a lot of potential costs and harm.

      • +4

        This is the Aussie way. Ensure no hard werrrking cobba is left behind.

        Like tax.

        That person did a bad thing. But we dont punish people who do wrong things. We pay for them at the expense of ourselves so they can continue livin the life (or something like that….)

        (Sarcasm yes. Our society does not punish losers. We empower them. hope you get better soon. The situation sucks. Fines are nothing. These things should be automatic license suspension).

        • as far as i know, only few points on her license, and well we are not advance northern EU tribal with their advance socialism which i highly doubt that by empower them they will realise their mistake, everything in life have consequences isnt it? but i rest my case, if the money is too low, suck it up, let the insurance deal with it, might pay for premium price in the future and let the offender enjoy their life

        • +7

          @hunterhalo:

          Just let the offender enjoy their life. How great is that? OP must be glad to hear that; and the fact she was probably driving a car later that day, ready to plough into another person.

          Why let the offender enjoy their life with no consequence? A few points off their license and some excess? That is no consequence. Her conscience? They have none, they ran into another person and did nothing to wrong their right. How cool is our society? They should have thier license stripped and any sort of government payments garnished to pay the excess.

          This is really typical of this site. Believe it is ok to disobey traffic rules and they are above the law.

          EG:

          I ran a red, please let me off the hook:

          https://www.ozbargain.com.au/node/326618

          I have been caught speeding, but i shouldnt pay the fine:

          https://www.ozbargain.com.au/node/325120

          Our speed limits are too high:

          https://www.ozbargain.com.au/node/325995

        • @eggmaster:
          thanks mate those 3 topics i have been follow it ever since it appears, and yeah right now im marathoning some movies to distract my mind from that fact it cost me more than her and the consequence is crap

        • +2

          That about sums it up. Like the pensioner who broke into our house and stole thousands of dollars worth of stuff and got caught. No jail time, doesn't have to repay the debt to us as they are on a pension. They just go on robbing more people without consequence. Yay, Australia! Keep voting your Labour and Liberal parties into power and see how much changes. Unless people are willing to clear out the swamp, it will only get worse.

        • -1

          @hunterhalo: Has anyone really been far even as decided to use even go want to do look more like?

        • @dogboy: I hope he said sorry, you know, it's important to say sorry.
          Saying sorry gets so many people out of punishment ( except my kids )

          Run a kid over and kill it, say sorry, apologize to the public in TV, apologize in court, squeeze a few tears out in front of the judge and probably walk free with a 12 month good bond.

          The mother and father instead, will look at the empty room, fear the silence that has replaced the joyful laughter, walk past children's clothes at K-mart, and wonder what their little one would have looked, how she or he would have done at school. And have to explain to her his brother/sister why he/she will never come back from hospital.

          If justice fails, it has to be taken in own hands.

        • @cameldownunder: It was actually a grandmother. The police told me that if I wanted to get my own revenge on her to be careful to cover my tracks. I sh!t you not..

        • @dogboy: I am sorry, I feel for you, I was really hoping that nobody experienced this issue.
          I lost my best friend at age 10 because of a car accident. I saw his mother getting white hair in one month, and divorced as they could just not bear the loss.

      • since that girl does not have any, therefore my insurance cant push her to pay for the damage,

        If you have comprehensive, your insurance will push her for payments, legally via debt collectors and Court. If you only have third party, you/your insurance can apply for this "3rd party no insurance cover" thing (I can't remember the exact name), according to the other thread on ozb.

        No offence, but your lawyer friend sounds lazy. Get your friend to write a legalese demand letter.

        • +1

          thanks mate, i have comprehensive, sorry for the unclear information, she told me her situation that she is a uni, no insurance living with parents if i go for my comprehensive the will knock her door and such you know, so i dont want to make a big deal out of it, so in the last few days im being patient and doing the cash in hand and fixing my bike at a specialise bike garage but she bargains with it the cost is too high and recommend me to go to her known mechanic which is in sunshine, some chinese mechanic that im not sure if the even capable of doing the job, but hey im nice and i give her the chance, even after look at it they cant fix it at all, that is where Mr nice end and Mr serious kick in, lets go through the insurance, wasting enough of my time already

        • +6

          @hunterhalo: If you have comprehensive, THEN USE IT! This is why I have comprehensive - not that I'll hit other people, but that other people will hit me and try wriggle themselves out of it or have no insurance. If they have no insurance, tough luck (like the P-plater who rear-ended me as I was stationary at the highway waiting to turn left). Just lodged my third not-at-fault claim in two years …

        • +14

          @hunterhalo: sounds like you're making things hard for yourself because you don't want to screw the other party over. Use your insurance, nominate the at fault party and teach the other driver a valuable lesson. Less dangerous people on the road is a good thing.

        • @hunterhalo:
          1. Not sure if insurance will touch this anymore since you've started handling it yourself.
          2. Why on earth did you agree to her demands?
          3. I once dealt with an Australian mechanic. Up the road we have another mechanic and he had brown hair.

        • +1

          @hunterhalo: If she can afford to drive an SUV then she can afford to pay for your repairs.

      • +5

        2 fractures in my right arm

        Lawyer up! You'll make a fortune out of this with the right injury compensation lawyer.

        • +5

          Better call Saul!

        • i did call my lawyer friend and an independence one that kind of specialise in it, they told me that it will cost me in time and money more than what i will get, do you have any recommendation?

        • @Kangal: sound so so familiar is it on the radio or something?

        • @hunterhalo: Was his name Lionel Hutz?? you have nothing to lose, but only $$$$ to gain if you claim insurance to at least cover your bike.

          They'll put her on a payment plan or something, they won't give her an immediate bill of $xxxxx if she cannot pay it up front.

          your insurer's lawyers take care of all of that anyway, you occasionally might need to provide a written statement but rarely if ever do you need to attend court.

      • +6

        Why get insurance then if you aren't going to use it.

      • That is terrible insurance.

        With a reputable insurer, if you're comprehensive or even 3rd party, you are covered as long as you can get her details. The collection of money will be the responsibility of your insurance company. You don't have to worry about that. And since you are not at fault, you shouldn't even have to pay excess.

  • +10
    • +2

      im sorry for the inconvenience, i have to type with one hand and it cannot keep up with my mind, which think at a lot faster speed. short story, in these case the victim are mostly likely receive so much damages unless they press charge, and most of the time it is not worth it,the offender will walk away anyway.

  • +2

    I know this wasn't 'well written' but I kinda found it refreshing to read

    • +1

      sorry for it, one hand and a lot in mind, cant really type well

  • +9

    Your insurance will chase her for the money.

    Insurance is all about risk. Read Against The Gods

    • she said that she poor uni, no job, no insurance blah blah blah, i have been going the easy way, she ask me dont go through insurance, she wants cash instead, but now, i'll just let my insurance deal with her. the thing is i want to avoid problems in the future, what if the girl refuses to pay, poor, no money, will my insurance sure her? and do i have to go to trial? if so do i have to pay for it, you know, those kind of thing

      • +16

        Get a court to sentence her to be your butler until the debt is paid off…

        • lol the money for the lawyer will be higher the the money to fix the car, as i mentioned, that is why i just well swallow it and let the insurance deal with her now, no more nice guy. FYI, i do have insurance i ask my lawyer friend as for more information that is all, i just want to know that if i, or someone in my situation decide to pursuit the case, is it a good idea.
          the reason im posting the topic is it feels like it is too easy for offender to get a way with money fine and well that is it, only a few point on their driver licence and they are good to go and do harm to other people again

        • +2

          That would make for a good tv show

        • @Bypass: At least a pilot episode

      • +7

        Screw idiots who don't have insurance. Who cares if the girl is at uni and is unemployed? Poor people shouldn't drive cars.

      • +5

        Dude calm down. Your insurance will send her a very serious looking letter of demand, which will cost them little more tham the price of a stamp, they have the template saved on the computer and do this every day of the week.

        A lot of the time that is all it will take. This is literally their job, they are very good at getting money out of people.

        You paid your premiums so sit back and use the insurance.

        • Exactly this. I didn't have insurance on my bike and was in at at fault accident earlier in the year. I stopped and gave the other driver my details and told her to just give them my details. A couple of weeks later I got a letter asking me to confirm I was at fault - which I was. A few months after that I got a bill for the damage, maybe a little high, but not egregious. Really, it was all pretty easy and civil.

          FWIW I did get insurance after that, but, seeing as that was my first at fault accident in 17 years of driving, I'm still far ahead financially.

      • +4

        You sound like a reasonable guy. But once you get injured, all that gotta go out the door. People are selfish bunch. Why be considerate to her at your expense? You gotta look after yourself first. Not her

        Do what others recommend, get your insurance to look after it. That's why you pay them for. Use the energy to recover.

      • My partner was rear ended. Got the guys details, called our insurance, gave them his details and insurance said 'cool beans, we'll chase it up, no excess for you'.

        A few weeks later we get a letter saying 'He hasn't paid up, we may contact you for details but you don't owe us anything'

        ez

    • +1

      THIS.

      1. File a police report
      2. Get a letter from her if possible aceepting the crash was her fault + all her contact details +
      3. File insurance claim

      If it is not your fault, you will generally not have to pay the excess nor will your premiums go up. It the job of the insurance company to get the money from her (they may take her to court).

      Bottom line - its the insurace company's job to chase after money from her.

      • i have done that, Finally!!! at first she told me that she didnt have insurance broke poor, doesnt want dept collector at her front door, so i was nice to her but she still bargains with me i even, go to her unqualify chinese garage which i dont think qualify in fixing bike, even after look at the damage they refuse to do anything, and well that is the bottom line, im going the insurance way

        • LOL mate; glad you finally decided to go to your insurer; who gives a crap what happens to the other party once you get your insurers involved.
          You did the right thing you GOT INSURANCE; that's the whole reason you get insurance for your own peace of mind and hassle.

          Being the 'nice guy' gets you no where.

      • I hate to say this; but the police dont care.

        This is an insurance issue, not a police issue. And your premiums go up regardless.

        • Agree. Police has more important things to do but you should always file a police report if it is a major accident and/or the other person is uninsured so you have a documented account of the accident. Helps heaps if there are any disputes or if you have to go to court.

          BTW your premiums dont necessarily go up. I also had a crash involving a uninsured driver (their fault). This is what the insurance company told me to do. I didnt have to pay excess and my premium was unchanged the year after.

  • +2

    And its not a justice system loophole, its an insurance loophole perhaps

    • it makes me feel like if your car is old enough, dont bother to buy insurance, further more if you are an ozbargain poor it is even better, just say that im sorry mate, no money, no insurance no nothing, here 200 dollars take it or leave it, dont bother with insurance because i dont have money to pay anyway, they can send me all the letter they want, i know you buy insurance for event like this but isnt the offender should receive some kind of justice rather than a small fine from the police

      • I think even from the perspective of the poor at fault driver with a crappy cheap car, 3rd party insurance is worthwhile still. Because if the insurance company does chase you for the money, you aren't going to have to be declared bankrupt.

    • +2

      Not even an insurance loophole. The op insurance company will probably chase her for the costs. It's the way the system works. It's not ideal, but not having insurance is a lot worse than having it if someone uninsured causes damage to you, or your items

      • i know my insurance will but it sounds not fair to me, if the offender does not have job or poor what is their words anyway, cant verify that, she can ignore it until they push for court then will, they probably drag me to the hearing and long long law suit, then what you know, sometimes money just cant solve anything, jail her probably do me no good, for these cases honestly in my personal opinion, big communities services or such, or this is a joke hehe send them to Uranium mine or so since we have a lot of mines around the country, contribute back to the economy

        • +2

          Pretty unlikely they'll drag you into a court case. If she was fined by the police she is guilty. The insurance co can chase her based on that, although I'm not sure they so chase real hard for $3k. All they need to do is send a letter of demand, then organise the sheriff to rock up and grab some stuff when she doesnt pay up.

          Be thankful you have your own insurance that will cover your losses.

        • +1

          @Euphemistic:
          thanks for the advice, thats what im doing now, i was going easy on her since i dont want my premium to increase but the attitude she gave me, worth the money,

  • +12

    Your insurance company will pay to fix your bike or car or whatever it was.

    Then the insurance company will chase her to pay up. Even if she pays a dollar a week for the rest of her life, the insurance company will get their money.

    You don't need to do anything else, sit back and let the insurance company do the work, it's what you pay them for.

    • +1

      thank you, im doing that now, enough with Mr nice guy already, as soon as she told me she doesnt have insurance or money or such, i want to give her a chance for redemption, having people knocking on your door to collect dept isnt fun at all but well she bargain with me about the price, i even give her the chance of using her mechanic already but still she stills complain, im not wasting my time anymore

      • +6

        She's lucky it's only $3k and not $30k. she needs to learn a life lesson.

        • i know but 3k and there so many way i could think of that she can avoid or reduce or drag the payment as long as she can, im not pissed about the money, im angry about the way the justice system punish such cases, if i push for law suit, not worth it at all, and if i decide so, what is the worst punishment she will get? license suspend and community services at best. For reckless driver like this there should be a way to actually remind them, because right now, a fines from the police is nothing and only a few point on her licence which means she can still drive,

        • +3

          @hunterhalo:

          avoid or reduce or drag the payment as long as she can,

          If you go through comprehensive insurance, whether she drags it out or not will not affect your repair. Your insurance will pay for it, then chase the other party for the cost. It sounds like you still think insurance will only fix your car once they get money from the other party, despite being told otherwise.

          Stop making assumptions. Ask your insurance if it will affect your premiums, only you will know.

      • She had enough money to buy a car, fill it with petrol etc.
        Owning a car is a big responsibility. She will appreciate that now.

        • Who said it's her car? Her petrol? Her rego?

        • -1

          @USB-V: she took the risk to drive an uninsured car so it's still her responsibility

        • -1

          @mrwillc: No kidding?
          Like, if someone nicks your car for a joyride? Your car may be insured, but only for named drivers and automotive professionals.

          The car she was driving may have insurance, but not for her.

          There's much we don't know. The minutiae should be for the Police to investigate. Anything else is assumption and speculation.

  • +1

    Umm no your premium won't increase. Read your PDS but for a not at fault claim as long as they have her details they'll chase her up.

    Never ever give someone the chance to use "their" repairer. You may as well tell them to do it themselves because you know it'll be a friend of a friend/cousin/distant family member.

    • i have done it, hopefully it will not because i read the other topic on whirlpool and a new one right on ozbargain, for some reason those OP got their premium increase, as i mention in some previous post i dont want to make a big deal out of it, being nice, but well she is wasting my time so i just call my insurance, and let them deal with it

      • Sorry I should've said shouldn't increase… It depends on your policy. Read your PDS.

      • Your premium will increase every year anyway. It would be very hard to prove that one not at fault crash caused the premium to rise more than the annual increase. Your no claim bonus will not be affected, you will not have an at fault on your record - these are the factors that WILL increase the premium more than the normal increase.

        • thanks for the help so much guy, appreciate for all the information.

      • The other topic was different because it was a hit and run and the other driver couldn't be identified

  • +3

    Her, no insurance, nothing, no job, blah blah blah.

    Not your issue

    So it will come out of my pocket, since I cant push her insurance for it, therefore my bloody premium will increase.

    Umm no, its still a not at fault claim for you, as long as you have THEIR details to give to your insurance company. If they have or don't have insurance isn't your issue.

  • +5

    It kinda sounds like you think having a crap car, no insurance and no assets is some sort of scam to get out of being held responsible. Seems more likely she just has nothing so you/the insurance company can't get anything.

  • +2

    As long you are not at fault, your premium wont increase. It is up to the insurance company to chase for money from either her insurance or from her.

  • +2

    This is incoherent.

  • thanks for the new replies, i have to wake up so early as pain killer doesnt help the pain much, if you guy read some of my previous replies you will see im not pissed about the money, im pissed because how easy for them to waged it off. If you read the conversation between me and eggmaster it will clarify my thought, i feel like it is so easy for these dangerous people to avoid punishment, some fined and being chased buy the dept collector when they have nothing does not justify enough, like i said in some previous posts well sometimes money is not enough and they will more harm on the road anyway

    • +4

      If she's Chinese, she more than likely has rich parents (she doesn't work because she doesn't need to). And they don't get rich by throwing dollars away easily. I reckon she is pulling the wool over your eyes. As others have suggested, let your insurance company look after it, and just sit back and stop thinking about it. Your worries will magically evapourate and you will feel so much better - and you'll recover from your injuries faster. I, like all Ozbargainers, wish you well and a speedy recovery so you can put all this behind you.

      • Thank you so much mate, already trying to put it behind, and doung some ozbargain now, damn cant drive and i missed out on the razer deal already

      • Didn't realise we were talking racism?

        • -1

          Rich Chinese as opposed to white trash.

  • +2

    Your premium will not increase because you are not at fault. If you have comprehensive insurance, your insurance company will cover the expense and chase payment from the party at fault, which is, 'the girl'. That's how the system should work.

    • +4

      I did that last night already, called the insurance, lets them deal with her, you just cant be nice with these people at all

      • +2

        +1 and thank you.
        Hopefully the loss of money will make her think more next time she's driving.
        I don't want to be killed by a driver like that.

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