Not at Fault Accident - I Have No Insurance - Insurance Company Writing Off My Car

Hey,
Background: had an accident, other person at fault. I do not have insurance, the other’s insurance company has said it would be a write off.

Market value: $7000
The are deducting $4000 for high klms and existing damage.
There was damage but scratches, small dents.
You can’t even get a similar vehicle in $3000-$4000

Questions:
What are my rights?
What Can I do?
How do I go about it?

Comments

  • Go to http://redbook.com.au/ and confirm the market value of your vehicle before the accident - you DO have to adjust for kms and condition.

    Find all the newest photos of your vehicle that you had.

    Go negotiate with their insurer - if they've accepted fault, it's just a matter of haggling how much they pay you.

    If they REALLY don't get to a figure you can accept, consider small claims court, ($7,000 should be below the threshold anywhere in Australia) but that's more effort and time and expenses even without a lawyer.

  • +5

    Background: had an accident, other person at fault. I do not have insurance,

    Why the f not? Seriously you are extremely lucky the other person

    1) Admitted fault

    2) is willing to claim on their insurance

    3) Had insurance at all…

    Anyway $4000 seems like a lot to deduct… how bad were the scratches ?

    Look on redbook for similar cars

    Look on Carsales for similar cars. Find one with similar kms and tell the insurer you want that price -$500 for scrapes and marks…

    Also buy insurance on your next car for God sakes

    • +17

      … how bad were the scratches ?

      Maybe still has got the scars of this Help and Advice - Had Accident and Charged by Police

      • Nice catch.

      • +1

        Holy crap haha…. wow… just wow.

        A comment right about now would be good OP…

    • +7

      Why the f not?

      It's a growing trend driving without insurance. This thread could've easily been Not at Fault Accident - I Have No Insurance and the other party doesn't have insurance.

      • Maybe had TPP insurance. I had TPP only on my car worth $8k, and 'self insured' for damage to my vehicle.

  • +2

    And while you're at it tell them that you need to hire a car as you rely on your vehicle to do such things as pick up the kids from school etc. Ensure they agree before you go hiring a vehicle. They should come to the party as their insured driver was at fault and you are inconvenienced.

  • +22

    Seems like you have knack for car accidents and if you didn't learn from the first time to get insurance I say another expensive lesson for you

    https://www.ozbargain.com.au/node/232550

    you own a courier company and cant afford insurance

    https://www.ozbargain.com.au/node/196258

    • +1

      You second example is about a TAX write off.

  • +3

    Work out a better rate that you're happy with. Provide evidence of the value of your vehicle. Don't forget all the government fees.

    Take the money, buy driving lessons. Never buy a car until you've had some proper lessons, and at the very least, passed all the practice tests online. (assuming vic roads is allowing you to transfer your license)

    Sorry won't cut it when you kill someone.

    • +3

      To be fair, OP wasn't at fault in this case. But OP obviously also hasn't learnt the lesson that insurance is important.

  • +13

    I stopped reading at "I Have No Insurance"

    • +1

      Agree… Zero sympathy

  • +1

    Jeez OP. No insurance ?
    How would you be if you wiped out a Ferrari $$$$$$$$

    • +3

      He'd be crying on here.

  • +2

    Here's what you do, given your driving history.

    1, Take the money. I'm assuming the $7k value is for a good condition, low mileage vehicle. For a beaten up one, it's not a bad offer and you might not need the hassle right now.
    2, Be very thankful that the person was both honest and insured.
    3, Pay the repair bill for the parked car you hit a few weeks back along with any outstanding fines from that incident.
    4, Get your licence sorted out if you haven't done so already.
    5, Be really, really thankful that the person that hit you was both insured and honest. Seriously.
    6, If there's anything left from paying repair bills, fines, Australian licence costs etc, get a few refresher lessons. Seems like you could use them.
    7, Look for another vehicle, then GET INSURANCE FOR IT.

    • +5

      Given his driving history, if I was op here's what I would do

      1. Take out licence
      2. Go to the nearest paper shredder
      3. Insert license
      4. Stay off the road for the safety of every other driver
  • Probably a bit off tangent, but if you keep having car accidents where you never had one before. It could be an early sign of glaucoma or other eye disease that you are not aware of. Get your eyes check by an optometrist.

    • Better yet, stop driving.

  • Troll ol ol ol ol ol ol ol ol

  • +5

    Regarding the no insurance, I believe 3rd party property insurance should be compulsory to be on the road. It amazes me how someone can hit someone car that can run into tens of thousands of dollars of damage and not have any means to pay for the damage they done. Australia should wake up and follow other most other developed countries by making insurance compulsory.

    • It amazes me how someone can hit someone car that can run into tens of thousands of dollars of damage and not have any means to pay for the damage they done. Australia should wake up and follow other most other developed countries by making insurance compulsory.

      True. I'm suprised it's not compulsory, but you can get an exception if you have the funds to pay for it. (i.e. prove you have $10,000,000 in cash/assets) :D

  • +1

    Haha thank you guys for all the feedback, I did get the information I need.
    I try to keep my questions simple, that’s why I use myself in forums.
    I operate a small courier company and have insurance, generally going through the broker, it’s easier to claim through other peoples insurance.
    Most of the accidents are done by drivers which are in different phases (like a student doesn’t require to have a Victorian lic. Still thank you all for the information

  • +1

    Had it happen to me when I was young and dumb. Let my insurance expire without renewing it, ended up getting hit from behind and my car was written off. They offered my a low amount, but I negotiated and used ads from CarSales as examples of market value which they ended up agreeing too.

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