Car Accident - Other Party at Fault

Last week my car was hit by another car ( 100% his fault).

I have witness and all detail from other driver including licence photo, registration detail and some photograph of incident. Then the guy ran way and not receiving calls and message. I had asked that guy to lodge claim from his insurance but the guy denied to lodge. Now please give me suggestion what should I do to repair and get compensation to recover myself. I have full comprehensive insurance but I dont want to lodge since I will lose excess fee, hire car cost and even it will effect my future cost to insure my car. I think karma does not work straightway.

Please give me some genuine suggestion and make that guy pay for everything.

Thank you

Comments

  • +89

    If you're not going to use comprehensive insurance, the thing you pay for, they why bother having it in the first place? Especially when the other driver is being dodgy.

      • +27

        You're paying $1100 (or however much insurance cost) for situations like this, so use it.

        /Thread

        • +127

          If he is at fault you will NOT pay your excess nor have a claim on your record.

          Your insurance will repair your car and chase him for the money, you should really be doing it right now.

          He doesn't HAVE to lodge his insurance claim but he does have to pay for the repair, he's stringing you along and your insurance will steam roll those attempts.

        • +16

          @Hellman109:

          ^^^This.

          You pay a service for them to cover you.

          DAMAGE ($$$$$) - EXCESS ($1100) = OUT OF POCKET FOR INSURANCE COMPANY.

          EXCESS ($1100) = OUT OF POCKET FOR YOU.

          I guarantee you they WILL chase the party at fault for the repair costs as they would be paying more to fix your car than you would be paying in excess. That means you don't pay the excess either.

          Just take Hellman's advice and call your insurer and tell them what's happened ASAP. Don't wait on things like this.

        • @dutchcakes: thanks a lot mate

        • +3

          @Hellman109: I second this.

          They will read out the generic blurb saying that if their investigations conclude that you're at fault that you will have to pay the excess. But in a case like this where it's clear cut, lodge the claim and they will be billed for the repairs.

          It also won't affect your rating as only claims where you are at fault will affect your rating.

        • +2

          @Hellman109:

          Yep. If you're not at fault you do not have to pay your excess.

          However, if you claim through your insurance - you must pay off any remaining premium on the policy if you were paying in monthly instalments (it will be deducted from the payout)

          I had my motorcycle written off by someone else a few years back. I wasn't 100% happy with the payout figure their insurance was offering, as I had a slightly higher agreed value with mine. I had the option to reject their offer and claim through my insurance, but I would have also had to pay about 10 months of insurance premium ($1k+) so it wasn't worth it in the end.

        • +16

          Can't believe how many people in this thread that don't understand if you aren't at fault, and you can show your insurance company why you're not at fault, and can give the details of the person who WAS at fault, then you wont pay any excess, and your premiums will not be affected.

          I've been hit when other people were at fault a couple of times. I just call my insurance company, give them the details of the accident and the other driver and let htem deal with it. They fix my car and give me a hire car, I don't have to worry about anything.

          • @Blunglefortness: How does the insurance company know the details of the other guys insurance ? Something like this happened recently to my mate and we have no idea how his insurance will find the details of the guy who was at fault and did a runner.

        • +1

          @Hellman109:

          100% this. I know because two years ago, the same happened to me. As long as you have his registration, that's all you need.

        • @ILikeBargenz: incorrect. This is only the case if the vehicle is written off.

          Also,not sure who you were insured with but that sounds like a rotten deal from them.

        • @imurgod:

          Well.. yeah, the vehicle was written off, so the premium needed to be paid off.

          I was with Swann insurance for my motorcycle, other party that paid me out was Zurich. Why does it sound like a rotten deal?

        • @ILikeBargenz: I misread your post originally, but unless your agreed valid was grossly overstated, the other insurer (Zurich) should've paid the value of your bike. That said, Zurich provide really low agreed value for vehicles. I think with a bit of pressure, you would've been able to have them pay you the value you wanted.

          I'd hate to have any if my bikes written off as they're vintage but you're alive and that's good.

          Do you still ride?

        • @CryssieJade: this is not the case. If the policy conditions say you need to provide name, address and rego, then that's what you need, otherwise you'll have to pay the excess until the insurer recovers and then they'll refund it.

        • +1

          @imurgod:

          I made a claim 2 years ago with just a vehicle registration, and no other details (even though I had more details, was told firmly that just the rego was enough, and that the rest was their job). Did not pay a cent because it was not my fault. This was with AAMI.

        • @imurgod:

          Zurich had the market value of the bike assessed and they wouldn't budge at all. Tried pushing for a better payout, as the average price (for my bikes age/kms) on bikesales at the time was a bit higher than what Zurich was offering as well. But they didn't care. Was about $1000 less than my agreed value, so I just went with it. It was stressful enough dealing with all the other shit going on, TAC, doctors, work etc let alone insurance.

          Yeah I still ride - but it took me a while to get back on. Was on the fence about it for quite a while, but in the end I decided I wasn't quite ready to give it up.

        • @imurgod: budget insurance as this policy, I had a not at fault bump, and because the the other party was a German couple on holidays, driving a rental camper van at the time the didn't provide an Australian address. Budget told me I had to pay the excess, I even had a witness :S

          Longer story short it got sorted, after I did all the chasing for an address, budget did f-all to help

        • @ILikeBargenz: I know that feeling. First to hear you got back on

        • @spriggan43: how weak is that? You see, the policy condition would stipulate that you have to provide a name address and rego. It doesn't say it needs to be Australian or anything do you can hang them on that.

          Trust me, I've heard every bs excuse from insurers.

        • @imurgod: I provided the German drivers license details but no good, at the time it was all very stressful, the feeling of Powerlessness and anger, having all the details at hand (name, rego, Phone number of witness and the nice Germans that agreed it was their fault) and been told via budget you are at fault and must pay the excess to get the car repaired, till a later time when I can provide a Australian address :S

        • Dup

        • +1

          @spriggan43: That's just rubbish. They had a lend of you. How the hell could you possible get their Australian address if they don't live here?

          You should've referred them to their own policy wording and not accepted it.

          People never realise how awful these budget insurers are until they're in your position.

          Mate, nothing to stop you going back and demanding your excess be returned. I'll help you if you like.

        • +1

          @imurgod: Thanks that's nice, in the end i got in-contact with the Germans and they provided a hotel address in Sydney, It took a week as they where traveling and staying at a place somewhere in QLD that had no mobile coverage.
          I was texting and calling the Germans everyday and getting no response, I told budget at the time and they didn't care.

          So don't do Budget kids, not even once.

        • @Hellman109: Absolutely….

      • +1

        as soon as you lodge a letter of demand with the other party on your own… your insurance will get cancelled and then you're on your own to sort out the mess, check your PDS carefully, you're about to make a big mistake.

        I could be wrong but tread carefully.

    • +9

      Plot Twist - OP doesnt have insurance.

      • +7

        OP never has insurance.

        • +1

          No. Yes.

        • +1

          Yes. No. Nope

        • +1

          @Roney: no insurance will be great.. he cannot mount or afford a reasonable solicitor in court.

    • +1

      Good insurance companies won't charge you excess or increase your premiums if you are not at fault.

    • -3

      If you're not going to use comprehensive insurance, the thing you pay for, they why bother having it in the first place?

      Ughhh to cover you in cases where you may be at fault

  • +29

    If the other driver was at fault why would that affect your premiums? If you won't claim it why have full comprehensive insurance?

    Just hand over all the proof you have that the other driver was at fault to your insurance company.

    • +3

      i just did lets see what they gonna do. thanks

    • +2

      I agree on this. I had the same experience and it's better to contact your insurance right away. If you are not at fault, your insurance company will not charge you premium and won't affect your future premium. PLUS you can attach your expenses (replacement car rental + taxi costs) to be claimed to 3rd party insurance company.

      • thanks for the information. it sounds good. but i have already lodged the claim to my insurer and its like when you do insurance in future there will be option " have your ever lodged the claim in last 5 years even its not your fault" then the premium goes a lot higher. Hence i do not know how to avoid that.

        • +12

          Pretty sure the question is if you had an at fault claim, not including when it’s not your fault.
          Suggest you check again by doing a test quote online.

          If you’re not at fault, use your insurance. Simple.
          You won’t be charged excess if they can claim off the other party.

        • +13

          @unco:
          This is correct. If your insurer is asking about your not at fault claims, don’t use them. They won’t stay in business.

        • +1

          @unco: agree!!

        • +6

          I work at an insurance brokerage firm and they only ask for At Fault claims.

          Let the insurance company deal with the headache of chasing him down.

          Good luck!

        • +3

          @cathyrrn: true but not all insurers are reputable and some cheap and nasty ones do increase premiums for NAF claims.

          Always better to go through a broker anyway. My policies for all 5 of my vehicles dropped by nearly 50% in premium with far broader coverage.

        • +1

          @cathyrrn: we have 4 cars here so can we have the name of your insurance brokerage firm?

        • +1

          @mskeggs: That's not true. Some insurers do ask you about any claim you've made regardless of fault, then you specify the date and what type of claim it was. They only take into account at fault claims but they ask for all claims (I assume to make you consider all incidents so you don't forget an at fault).

        • @zedman:
          That bingle screenshot below is enough to eliminate them from consideration for me, and I reckon a lot of people. What a transparent way to try and avoid pay outs.
          If I was a bingle customer I would complain to the financial services ombudsman.

        • @cowiie:

          Check your PM :)

        • +1

          @cathyrrn: thanks

        • @zedman:

          Had a chat with colleagues.

          a) If they're asking that question, you've got an Insurer who lumps all claims, regardless of the type, and up your premium.
          b) If you've has a reasonable amount of claims (e.g. first Not at Fault claim, less than 3 in a year etc), it won't matter much.

          I'm not saying you should change your insurance but…

    • +8

      Unfortunately, not all insurance companies work the same way. I was shocked to know Bingle increases the premiums even for not at fault claims if logged through them.

      https://ibb.co/eBvURb

      • When was this? I wasn't asked to pay excess 2 years ago when I claim non-fault incident with Bingle.

        If this is the case now with Bingle, I'll switch to another one. Hell I pay comprehensive so I won't have to deal with the headache of chasing the party at fault.

        • I think they recently changed this. I too didn't had premiums increased when I lodged not at fault 3 years back.

          We noticed this when my friend was lodging a not at fault claim in Dec. I'll be switching to another insurance provider soon.

      • +3

        Stay clear of companies like bingle, youi, budget direct, real insurance etc. They are woeful in so many areas.

        • To be fair companies like NRMA can be very overpriced… They quoted over $6k/yr for my $6k car (comprehensive), probably cause I'm under 25…

        • @clse945111: Not only overpriced but poor coverage. There's a few little nasties in there that most people won't know until they claim.

        • I am guessing this is skewed by people rating less known companies but…

          https://www.productreview.com.au/p/bingle.html
          301 one star ratings out of 455.

          BUT THEN

          https://www.productreview.com.au/p/nrma-car-insurance.html
          261 one star reviews out of 391

          For comparison.

          https://www.productreview.com.au/p/youi-car-insurance.html
          707 one star ratings out of 4294.

          https://www.productreview.com.au/p/budget-direct-car-insuran…
          585 one star reviews out of 2226.

          https://www.productreview.com.au/p/real-insurance-motor-vehi…
          132 one star reviews out of 320.

          https://www.productreview.com.au/p/gio-car-insurance.html
          77 one star reviews out of 131.

        • @syousef: Bear in mind that most claims are straightforward and a lot of less reputable companies also "buy" reviews.

          That said, here's something interesting to read https://www.insurancebusinessmag.com/au/news/breaking-news/b…

          Most people don't know about the fraudulent practices and the ASIC investigation.

        • @imurgod:

          Of course positive reviews can be bought. It's less economically viable to trash ALL your competition with negative ones. So Budget Direct may indeed have bought those positive reviews - at least I can't prove they didn't.

          Overall ProductReviews seems pretty good and I'd guess overall at least 70-80% of the reviews are genuine, though that is a guess. This is the best information I can find. In particular, negative reviews usually make specific claims and if you see a pattern it's likely to be real.

        • +1

          @syousef:

          Overall ProductReviews seems pretty good and I'd guess overall at least 70-80% of the reviews are genuine,

          OzBargain

          25 one star reviews out of 68

          Take Product Reviews with a truck load of salt.

        • @syousef: I guess there's only one way to find out if they're any good.

        • +1

          @Baysew:

          I actually agree with a lot of the negative reviews for Ozbargain on ProductReviews. The complaints on the lower reviews are all about trolling, rubbish products, moderation and the site getting worse for these as its popularity has increased.

          The primary reason I am still here is that occasionally there are very good bargains and freebies. I tend to trawl through a lot of crap to get them. But my Steam collection has a bunch of (admittedly mostly lower worth, but some great) games.

          However, when I've had various long running disagreements, for a period afterwards, a lot of my unrelated comments get downvoted. When I have raised this with admins I am dismissed as being paranoid, with no investigation and insultingly referred to mental health documentation and help lines. This has happened at least twice. I still get trolled like that from time to time. I don't bother complaining anymore. Whether gaslighting or well intentioned, I'm not depressed, paranoid or suicidal. I don't think clowns are here to eat me. I'm just being followed around for a few days by trolls down-voting everything I say because they're holding a grudge. If the mods don't want to take my claims seriously, there's not a lot I can do about it.

          When I was new, I was banned from downvoting deals for over a month for downvoting 3 deals without commenting. The downvotes happened over a couple of days. The moderation and ban happened in one hit without any warning. When I complained I was told I just had to serve out the ban. Not all the bargains are bargains but I have been completely put off downvoting bad deals. Who knows if the moderator will consider my comment justified? And I was punished with zero attempt to address my ignorance of the rules, which put me off upvoting (since I couldn't downvote) for even longer than the ban. To this day I rarely bother to vote for deals, and this incident was a couple of years ago now. It isn't worth the hassle of warning off others.

          And it is disturbing how many people here hold disgraceful opinions. Like those who will repeatedly tell you that speeding is safe when it comes up in discussion, or insinuate that slow drivers in the right lane (which also is bad) justifies tailgating and speeding, thereby proving nothing other than that they should never have been given a driver's license. Some of the other delusions on display here are awe inspiring as is some of the disgusting advice asked for and given (some of it illegal).

          3 stars overall is about right.

        • +1

          @imurgod:

          Can't hurt to increase your odds by reading about the experiences other people have had. I find the details of negative reviews quite useful. If someone's left one star but behaviour was irrational I'm happy to ignore that. If many people complain about specific failings I tend to pay attention.

          It's the same as Ebay feedback. I have a much better experience if I stick to sellers with plenty of feedback over 99.7% I have had nothing but trouble when dealing with people a couple of percent or so below that. So I don't do it anymore.

        • +1

          @syousef: Careful spouting that rational thought out here on the internet. Your balanced and objective views will not be tolerated and we expect more irrational and trolling posts in future! ha ha.

          Jokes aside, you're right on point. I do the same ans I can tell you some horror stories with lower rated buyers.

          Recently, I had to get the police involved for a buyer who was harassing and stalking me!

        • @imurgod:

          That sucks re stalking buyer, but I'm not surprised.

      • +1

        Wow. My opinion is that is dodgy.

      • +4

        So it turns out OP asking this question is actually legitimate.

        Also turns out there are many ignorant dumbshits right here upvoting snarky replies like "What's the point of having comprehensive if you're not going to use it".

        Such replies are about as helpful and informative as telling an anti-vaccer to go vaccinate because "you're just stupid so go get your vaccination", when they are legitimately trying to understand the other side.

        • +1

          I'm not saying there's something wrong with the OP because there clearly is but usually these days you pay the excess first, the insurance company investigates and then when you are found not at fault, you get that excess back.

          2ndly having 'not at fault' accidents can still affect your future premiums.

          I'm not saying its fair, in fact far from it, but if you had 4 "not at faults" in 2yrs then you are just an unlucky mofo and that will be reflected in your premium.

        • I get all my health tips from former play boy models. When will our government wake up to it's self and add medicinal coke and implants to the PBS?

    • This is an open and shut case. If you have a witness and it's the other guy's fault, your premiums won't be affected, and Insurance will handle dealing with him on your behalf.

      The only thing you lose is car rental fee, but unless you're going to leave the damage on your car, then you're going to have to pay that no matter whether you let insurance fix it or take it to a repairer yourself.

      • Why would the op lose the car rental fee?

        • -1

          If he sends his car to get it repaired and has no car to use, then go and rents a car, those are expenses he can't avoid.

          I have full comprehensive insurance but I dont want to lodge since I will lose excess fee, hire car cost and even it will effect my future cost to insure my car.

          Out of all the things he's listed that he thinks he will lose if he proceeds with a claim, the only legitimate one is car hire costs.

          In future he should add to his premium the option for free car hire if it's that big an issue.

        • +1

          @lostn: not in this case. As he is not at fault, he submits the car rental costs to the insurer as part of the claim or use someone like compass who do it all for you.

          Where you're at fault, the hire car cost is not recoverable unless you have a hire car option.

        • @imurgod:

          Hmm.

          None of my insurers have offered car rental as part of the package. Things must be different in your neck of the woods.

          It sounds totally open to abuse if you ask me. I would go for the most expensive car possible to hire, and submit that cost to the insurer.

          We've never actually submitted any costs to the insurer for claim as part of the process. The way it works here is, you have two options:

          1. You drop off your car at insurer's assessment center for assessment. They take it from there. They then get a few quotes from panel repairers and decide who to give it to. All the negotiation with the repairer is done by them and you don't do anything until it's time to pick up the car.

          2. You go find your own repairer, give them your claim number, then a representative from your insurer shows up to assess and liase with the repairer on your part. They handle things between themselves and you aren't involved until it's ready for collection.

          I've been with 3 major insurers (no banks or supermarkets) and at no time has the repair cost ever been disclosed to me, or I individually submit amounts to claim from the insurer. I assume yoiu are paying for your expenses out of pocket and then getting a full rebate from the insurer. This has never been an option for me. All costs and liaising are handled on their end. We hardly do anything except drop off the car.

        • @lostn: that's the same process but if you're not at fault, you simply hire a car or go through one of those providers like Compass and submit the cost to your insurer to recover off the other party's insurer. Makes no difference which insurer you're with.

          There is a "reasonable cost" involved in that if you drive a Toyota and you submit costs for a Ferrari, they'll only pay reasonable hire costs for a similar vehicle to the one you drive.

          So in short, you pay for the hire car and provide the invoice to your insurer (or the third party's insurer for that matter) as part of your claim.

  • +21

    make a claim on your insurance - doing anything else is a complete and utter waste of time and effort

    • +7

      yep this. Your insurance will use their resources and chase the other party

      happened to me. Someone tried to pull a dodgy on me but they chased him down

      Mod: Edited comment to remove ethnic slur.

      • +3

        they chased him down

        On foot or with the assistance of Bikies?

      • +2

        Been on the other side (there were circumstances), the cops came round and ended up issuing a ticket, plus we got the other party’s insurance bill. This is part of the service you pay for with insurance.

  • +20

    It won't be long until any google query about car accidents and insurance claims will have ozbargain as the top search result.

    • +1

      Yeah and it was answered in the first few comments too.

      • Better write a reply to one of the top comments to become google famous

  • +9

    Correct me if I'm wrong but if you're not at fault (with proof/witness) and you can id the other driver you won't have to pay excess nor your premium will go up (or at least it won't go up because of this incident, premiums always go up until you shop around)

    • thank you and i hope so

        • knowing that it sucks :(

        • +1

          Fake news

        • @beyondhd:

          Check if you're getting a "no claim" bonus or "no fault" bonus on your premium for your rating. Most insurers I know do "no fault". So your rating improves as long as you're not at fault for any accidents you're in.

          The only time I've seen you have to pay up when the other guy is at fault is when you hire a car. I don't know why car hire companies are allowed to get away with highway robbery.

        • @ge: alternative facts.

          It's not 'news' unless something just happened recently.

    • You're not wrong. But it might depend on who you're with. I'm with NRMA and have never had to pay excess on my three not-at-fault claims I lodged.

    • You need a name and address or party responsible.

      • As in

        you can id the other driver

        ?

        • +1

          As in, you have their plate.

  • +9

    Make a claim on your own insurance and if you have full details of the other party then it will not cost you a cent.

    • thank you.

  • For someone who doesn't have comprehensive insurance, best course of action would be to pursue the offending party in court for damages.

    • +2

      In theory this is the way to go but doesn't always work out how you want. I had someone run up the back of a hire car i was driving, they had no insurance and i had to pay the excess on the hire car.

      I took them to small claims and of cause won. They were unemployed had no money so the court told them to pay $20 a fortnight. Never saw a cent, I gave up after the third trip back to small claims

      • So the court made a payment order, but the defendant refused to pay despite agreeing in the hearing?

        • +4

          The defendant didn't even bother to show up. I ended up $2500 out of pocket plus court application fees

        • @marko62:

          Wow, thanks for your insight.

          Did the court do anything about the defendant's non-attendance?

        • @KaptnKaos:
          Not really as far as i know just found in my favour. never enforced

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