Car Accident - Other Party at Fault

Lbeyondhd on 01/01/2018 - 17:35
Last edited 02/01/2018 - 00:17 by 1 other user

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

Automotive

Comments

        • YellowDieselGolf on 02/01/2018 - 11:54
          +4

          @marko62:

          I was awarded money in a tribunal decision. Two days after the deadline passed, I hadn’t heard anything from the other party.

          I visited the court house and paid for the sherif to collect goods on my behalf. They took a laptop and some turbos and manifolds.

          The other party had a couple of weeks to find the money or the goods would be auctioned.

          They met the deadline and I got paid.

        • wildstone on 02/01/2018 - 15:08

          @YellowDieselGolf:

          How much did you have a pay the sherif and how much was owed?

        • YellowDieselGolf on 03/01/2018 - 08:53

          @wildstone:

          I was owed $2600.

          It’s been about 7 years now but I think I paid the cost for the sheriff to attend and then that was reimbursed by the seller.

          Current costs should be listed on the justice website.

        • ozzpete on 04/01/2018 - 20:33

          @metuiarko62:
          If they are being a real prick about things, maybe you can have the sherif go round and cease all their property of value ?
          I know they were going to do this to me just for i think it was train fines (travel without ticket). So you would think they can do same for something more serious like this.
          Good luck with it all.

  • mbck on 01/01/2018 - 20:22
    +1

    Yes you are not liable for the excess as you have the other driver's detail. This is super important.

    However your premium will probably increase (not a lot as it wasn't your fault, but in their eyes you are 'risker')

  • beyondhd on 01/01/2018 - 22:23

    i really appreciate all of the positive advises. thank you guys, you guys are great

  • Vancomycin 1000mg on 01/01/2018 - 23:21
    +1

    I've had similair accident in November 2017, I got all the details of the at fault party and lodged a claim with my insurance company. The insurance company said I have to pay excess and it will later be reimbursed once the claim is settled. I repaired my car and called them up again and explained to them that my car is now ready for pick up and I told them I do not want to pay excess cos clearly it wasnt my fault. They waived the excess fee and now the will recover the cost from the other guy and I didnt pay a cent but it was hard as the other guy wasn't cooperating with me. the whole process took about two months.

    • mbck on 01/01/2018 - 23:47

      That's weird. With my insurer, they will ask for the other drivers details and that's it.

      • Sainter4Life on 02/01/2018 - 10:15
        +1

        I had a friend who was in the same situation and asked to pay the excess and he was with GIO. My insurance company never does that if it is not my fault so I guess different company has different policy.

  • [Deactivated] on 02/01/2018 - 07:17
    +2

    appears you are trying DIY
    its not necessary,
    car repairers like shehans and auto salone etc
    take your car in write a report of the incident
    Ask to make a third party claim and they will use the licence details to get in touch with the offenders insurance company to make the claim.

    Mine took a few days, but never needed to speak to any insurance company offender or hassle with quotes

  • Mr Amayzing on 02/01/2018 - 07:53
    -3

    Other party always at fault. yes we know. Good luck!

    • DAT on 02/01/2018 - 12:06

      ..

    • DAT on 02/01/2018 - 12:07
      +2

      Oh ok. Was that your commodore?

  • Aussie Smurfette on 02/01/2018 - 08:30

    I wouldn’t be answering your calls either. You have insurance, you contact your insurance company and do what they tell you to do, ie quotes etc. Your contacting of the other driver is not standard behaviour and could be considered harassment.

  • iamagirl1969 on 02/01/2018 - 08:39
    +2

    If you are NOT at fault and YOU can provide the OTHER DRIVERS contact details to YOUR insurance provider, you will NOT lose your NO claim bonus. You also need to go into your local police station and file an accident report, stating that the OTHER DRIVER left the scene of the accident, WITHOUT leaving ALL of his details. (This is a summary offence under the current road traffic act)

  • iamagirl1969 on 02/01/2018 - 08:41

    $1100 per year? OMG? I have a 13 month old car (RRP $24k) and I pay $46.70 a month through Bingle (and or $678.00 a year) How on earth can you be paying $1100 per year? What are you driving? A HUMVEE????

    • smpantsonfire on 02/01/2018 - 09:10
      +16

      Bingle vs a proper insurance company. That's how

    • wozz on 02/01/2018 - 09:14
      +5

      Most smart bankers on these forums drive an 80k car, as it is considered a high yield investment.
      Pretty sure the insurance on this would be higher than your potentially poor yielding 24k car.

      When OP sells the car (assuming they're a banker), they will make all the extra money back they paid on insurance anyway.

    • zonra on 02/01/2018 - 10:34

      Driver's age and driving history matter.
      A 19 yo P-plater vs 35 yo who's been driving for 10 years for eg.

    • Suspect420 on 02/01/2018 - 14:59
      +1

      Lmao 24k car..

      Drive a 240k and then see your insurance bill.

    • keverns on 03/01/2018 - 17:46

      the whole insurance things a scam
      my full comp, same company.
      car A. value 10k pay 750
      car B. value 150k pay 850

      • tonyjzx on 04/01/2018 - 13:32

        any car that is the least bit interesting or 'awesome' is over $1k

        if you drive a friggin' Hundai i30 like half of ozbb then yeah… $678 would do it

        ask me how much our c63 costs… go on…

  • iamagirl1969 on 02/01/2018 - 08:42

    And that's for Full comprehensive with windscreen cover and 20 days of free car hire and free taxi to home in the event of an accident and my car is written off. I also get a replacement car IF my car is written off in the first two years.

    • Suspect420 on 02/01/2018 - 15:01
      +1

      They have ways of getting out of providing a replacement car. Read your fine print.

      Insurance companies are the scum of the earth followed closely by banks (usually the same grub)

  • TransportPosters on 02/01/2018 - 09:18

    Where I am, I have a great smash repairs place where I just give them the details of the other driver and they literally take care of the rest. They also have a debt collecting service tied to their business so they call the driver with a quick estimate of how much it will cost to repair my car and give them the option to go through their insurance or have a recovery notice sent to them directly. They tell me it works 99% of the time.

    • Ughhh on 02/01/2018 - 10:45

      If they can't get a cent out of them, wouldn't they start to chase you, for the cost of the repair at least.

  • pegaxs on 02/01/2018 - 09:28
    +6

    Omg! We need a wiki in this thread so bad. Or all “I had a car accident and (insert insurance question)…” threads need to be merged…

    Seriously, why was this even posted. Not at fault, have full proof and witness, have other drivers details. I would love for someone to do this to me. I’ve been paying my insurance on multiple vehicles for years and never had a need to claim. If I wasn’t at fault, I would be on the phone before the other person even got out of their car.

    This is exactly the reason you pay for comprehensive insurance. Use it.

  • Avacardooo Rayy Mee on 02/01/2018 - 10:46
    +4

    call your insurance.

    the time it took you to post this, you could have made a claim.

  • Dack Smith on 02/01/2018 - 12:35
    +1

    Lodge the insurance

    Keep the details of the other driver, if he refuses to own up then put it up on the internet

    Also send the evidence to the credit agencies

  • The Gent on 02/01/2018 - 17:27

    and make that guy pay for everything.

    Well, we'll try our hardest, I suppose…what's his number?

  • imurgod on 02/01/2018 - 19:10

    The conditions of a claim are in your PDS. If they're met, you don't pay excess.

  • fruit on 02/01/2018 - 19:40
    +1

    These type of threads should get you put in the penalty box.

  • Oliver on 02/01/2018 - 19:50
    +2

    Why the (profanity) do you pay for insurance if you don't even know how to use it and/or are unwilling to use it? You're special, OP. If he is at fault, you make a claim through your insurance and you don't pay a dollar. (profanity) me…

  • kaleidoscope on 02/01/2018 - 20:18

    As others suggested, if you are not at fault no need to worry about anything. Report the incident and they will do the rest such as chase up other party for the damages.

    Happened to me once where a lady reversed onto my car and did not have to pay anything as insurance handled the matter. Cheers.

  • El Grande on 02/01/2018 - 21:19

    If my friend who is over 25 years of age is driving my car and has an at-fault accident does it affect my insurance cost or his insurance cost with his car? I hate to let people drive my car If it doesn't affect my ratting I would let them drive more often.

    • lachhelix on 04/01/2018 - 09:57

      Well, my understanding is when you get an insurance quote (depending where you go) it asks "have YOU been in any accidents" not "had THE VEHICLE been in any accidents"

      So I would assume you wouldn't need to disclose to an insurer if someone else had an accident in your car…

  • pistachio on 02/01/2018 - 23:10

    Go to a panel beater shop.
    If it is not at fault accident, they will be happy to help you.

  • fr33loader on 02/01/2018 - 23:16
    +1

    Yeah, just go ahead and claim insurance on your side. They will definitely waive your excess, and it won't be against your credit status. Your insurance will take care of everything.

    I've had a couple of accidents where the other parties are at fault:

    1. The RUNNER. Did not stop at a STOP sign, T-boned me. He didn't have insurance and ran away. My insurance was the one who chased after them, and ask that I may be asked to attend court as a witness. They never contacted me, they must have got the guy. From my side, it was smooth and my insurance took care of me for everything.

    2. The PRIVILEDGED. Rockdale, NSW. Some idiot cut me and he said it was my fault (I have dashcam). I told him I have a dashcam, he was puzzled what it was and said it was illegal for me to record video (lol). I called my insurance, told the story, gave them the uploaded dashcam, and told them that the guy was pushy and to expect resistance. A few days later, I got a call from NRMA DEMANDING contact my insurance so that their client gets full compensation since I was at fault. They turned really nice once I gave them the dashcam link. Never heard from them again, and my insurance took care of me again. Even gave me a brand new SUV as a 2 week rental while my car was being repaired. I was a tadstressful, guy was full of himself. I always thought people like him are just stereotype and not real.

    3. The NORMAL. Kingsgrove road, car didn't see my driving along and decided to do a right turn. After the hit and after experiencing #2, I was prepared for the worst. Good thing the (cute) lady was nice, admitted fault and was working at my insurance company (lol). This was very easy, and straightforward.

    After that I sold the car, and don't forget the dashcam! :D

  • trevor99 on 02/01/2018 - 23:50

    Always had comprehensive, never claimed on it except when it was the other party's fault (hit from behind a couple of times).
    So it wasn't a claim. No excess, and my insurance booked it in and did everything.
    Could see it being a total nightmare if I didn't have my insurance company to take care of it, the guy seemed hopeless and his details were dodgy.
    Get the number plate.

    Many deadbeats driving around out there, so that alone is the reason enough for insurance, not to mention a third party incident like if you hit a Ferrari or something. Imagine that.

  • pandas on 03/01/2018 - 00:21

    The reason why I invested in a front and rear dash cam and paid extra for NRMA so I can take my car to my own repairer.
    Wife was reared awhile back and the other party asked if it can be settled outside of insurance. Didn't hear back from her after grabbing a quote from a mate who worked at a smash repairer so I logged a claim with NRMA. Ironically, received a call from debt collectors advising that she claimed she knew nothing about the accident. Provided dash footages and never heard back.
    As of a rental car, I believe most smash repairers do offer a loan car (at least the ones I've been to)? If you're with NRMA or Allianz, try ring around and ask as you're entitled to choose your own repairer - at least on my current NRMA policy I can.

  • maf101 on 03/01/2018 - 00:38

    2017: accident 1, car destroyed. Other car at fault. Emergency services and traffic response team showed up. Someone arranged for the car to be moved. Both cars insured. Lodged a claim with our insurance. They took care of the towing bill and paid out the agreed value of the car on our policy. We didn't lose the no claim and didn't pay excess. Medical expenses were covered by work.

    2017: accident 2, car repairable. Other car at fault. Other driver wanted to do it privately and not involve insurance. Again we lodged a claim with our insurance. Didn't lose no claim and didn't pay excess. Our insurance arranged the repairs.

    2017: accident 3, car repairable. Other car at fault. Sister was driving. She didn't get all his details. She got licence number, name, and rego. Insurance company and Police were unable to locate the other driver and my Sister had to pay the excess.

    • nobarginsarehere on 03/01/2018 - 00:55
      +1

      Jesus Christ what city are you in? You need to move away from those drivers lol

    • ntt on 03/01/2018 - 01:28
      +1

      The 3rd case I don't understand. If you got driver licence number, name and car plate, why couldn't they chase down the case?

    • Kingfabay on 03/01/2018 - 13:48

      Maf101, could you tell us more about the third accident?

      • maf101 on 07/01/2018 - 11:53

        Our car was giving way whilst turning left at an intersection. The car behind us rear ended us. The driver of the other car refused to give his phone number and home address. We went to the police station and the Police attempted to phone the driver with a number they had on file. The Police wouldn't give us his home address. The other driver had our details but never made contact. Our insurance company contacted the Police for the other drivers details. Over a month later they still had not made contact. I don't know if we were given fake details or what happened. We had the correct rego. We paid the excess.

        • Roney on 08/01/2018 - 13:40

          Unmarked Commodore?

  • nobarginsarehere on 03/01/2018 - 00:54

    You needed to get his license details to lodge a claim with your insurance so they can chase him

    If you didnt, then you will have to pay the premium

    Next time read the information your insurance company sends you

  • Bluberry on 03/01/2018 - 01:17
    +3

    Honestly OZB should have a competition for the dumbest posts that people can come up with…

    GO AND READ YOUR INSURANCE PRODUCT DISCLOSURE STATEMENT SO YOU KNOW WHAT YOU ARE COVERED FOR AND HOW YOUR PREMIUMS/NI CLAIMS BONUS/EXCESS WORKS

    • beyondhd on 03/01/2018 - 09:35
      -7

      you being a dumb here, looks like you never been in a situation like this.

      • Bluberry on 03/01/2018 - 09:59
        +7

        You paid $1000+ per year for a product for how many years and you have no clue about how your premiums and excess are affected or the claims process.

        You are calling me dumb ? Really??? 😊

        And No - i have also experienced car crashes but i know what to do because i always read the pds before buying insurance like any pro Ozbargainer should.

        Some lessons in life i guess are learnt the hard way!!

  • releasethekr4cken on 03/01/2018 - 09:43

    UPDATE!

  • itstuan on 03/01/2018 - 10:45

    Anyone knows how long we can delay the claim before you can no longer make the claim with the insurer? Lets say the other party at fault.

    • pandas on 04/01/2018 - 10:37

      Ring your insurer and find out.

  • nikey2k27 on 03/01/2018 - 11:38

    that what you pay for.

  • hawkers8905 on 03/01/2018 - 14:52
    +3

    Why is this even a thread? Use some common sense. As others have said, contact your insurance, they will chase after the $$$ from his insurance or him (he's probably stringing you along because he doesn't have insurance). It won't go against you.

    • dji1111111 on 03/01/2018 - 17:54
      +2

      There are too many idiots out there who has no clue how motor vehicle insurance works and what's involved in making a claim.

  • LUTSlit on 03/01/2018 - 18:20

    Not this again!

  • smuggler on 03/01/2018 - 21:37
    -2

    Are people really bitching about a few hundred dollars? Boohooo…

  • HereYeeHereYee on 04/01/2018 - 16:15
    +1

    If you have his details and witness statement etc, please lodge a claim. It will be sorted between your insurance and his - too often you hear the other party's fault trying to claim the opposite once the claim is lodged. It will be long and painful however in the end, sufficient evidence wins.

    I was rear ended by a truck before, he cut into my lane and was tailgating me for a few seconds before I had to break in the intersection (heavy traffic so wasnt speeding at all) - was hesitant to provide me his details until i threaten to call the cops (didnt make him leave), after 1 hour of waiting for police (they showed up afterwards) i got his details because he didnt want to wait.

    Now he claims I cut into his lane (unbelievable) which caused him to break, however I got dashcam evidence (which shows he came from the furthest right lane and straight behind me few metres before the intersection lights) and that pretty much ended his and his insurance false claims :)

  • ozzpete on 04/01/2018 - 20:35

    @ OP . "Then the guy ran way and not receiving calls and message" , I think your meaning they just arent answering phone when you call ?
    If someone actually flees "ran away" from scene of an accident, that is a very serious criminal offence.

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