Hit by a Driver Who Drove Off. Have Third Party Insurance Only - What Can I Do ?

glub on 11/09/2018 - 09:34
Last edited 12/09/2018 - 10:38 by 1 other user

Hi

Whilst I was shopping a driver reversed into my motorbike, waited and then drove off. Luckily a passerby saw and left me a note.

I contacted the police and after months of chasing them they finally call me and tell me the case has been settled. However, the driver didn't know his insurance details and the police can't do anything to help me there.

I only have third party Insurance and I only know his number plate. The police said I can file a freedom of information slip and get an insurance lawyer.
All this seems super complicated and expensive.

Does anyone know of any other way I can get these details and retrieve the money + time spent on the case from the driver?

Regards

Update on this:

I went to a different police station & explained the situation. Whom were much much more helpful than the one I have been dealing with.
Asked them to call the guy and suggest that if he didn't provide his details I would be taking him to court and reclaiming all my legal fees & time. Which is a longer and more costly option for both of us.

He agreed to pass on his details to me and has since lodged a claim.
If only the police officer had done this when I reported the accident 3 months ago I likely wouldn't have even asked for the police to pursue him and settled the matter between us.
I understand the police have crimes to solve rather than chasing insurance details, however, general customer service and just trying to help out the public whom have been a victim of a crime you would think they would be happy to do.

I will be paying double the cost for fully com next time.

My next steps are to get 2 repair quotes and I should be all sorted.

Thanks for all the advice & help! and to anyone else in the same situation try and go to another police station, they are not all useless!

Automotive Hit and Run Insurance Third Party

Comments

  • HighAndDry on 11/09/2018 - 09:56
    +3

    The police said I can file a freedom of information slip and get an insurance lawyer.

    Pretty on point, except instead of an insurance lawyer it's just a motor vehicle accident lawyer. The FOI part is pretty simple and free, then you can talk to the other driver and:

    1. Ask nicely for them to pay;
    2. Ask less nicely for them to pay;
    3. Ask through a lawyer for them to pay; and if that still doesn't work,
    4. Sue them.

    You can also see if your insurance company will help, some third-party insurance policies/companies might be nicer?

  • Gronk on 11/09/2018 - 09:56
    +1

    How much damage was caused to the bike? Even if you do get your hands on the driver's details it'll be a civil matter which will cost you both time and money - so I'd be weighing up my options.

    I'm a bit surprised the police didn't provide you the at-fault driver's details so you could pursue them, I'd be asking again, but I also think you'll probably end up coming to the conclusion that it's not worth the effort.

    • HighAndDry on 11/09/2018 - 10:26
      -1

      I'm a bit surprised the police didn't provide you the at-fault driver's details

      Police aren't private security. They'll make a determination if they want to pursue the other party for hit-and-run, but if that comes out to "Nah, just giv'em a warning", that's it. They can't just give out personal details to third-parties, but as they very pointedly hinted to OP, OP can get the info via a FOI request.

      • Gronk on 11/09/2018 - 10:55
        +1

        Police aren't private security.

        Well observed, but you seem to be missing the point.

        The driver's vehicle made contact with OP's motorcycle resulting in damage, this is something most grown-ups refer to as a collision. If you're involved in a collision and the other driver either takes off or refuses to provide their information then it is indeed a matter for the police.

        • HighAndDry on 11/09/2018 - 11:08

          I'm not saying the police shouldn't be involved - but from OP's post, they've already been involved, looked into it, and have closed the case. They're just saying, and my point is: they can't directly help OP, which is why they hinted to OP to put in a FOI request.

        • glub on 11/09/2018 - 11:13

          @HighAndDry:

          Read my other comment below.

        • Gronk on 11/09/2018 - 11:19

          @HighAndDry:

          They can't get involved and fight on OP's behalf, but they do facilitate the exchange of details, I've been through it myself.

        • HighAndDry on 11/09/2018 - 11:23
          +1

          @Gronk: They can. They don't have to. That's why I said they're not private security. Their job is to uphold the (criminal) law, and they've done that. And maybe helping like that is bending the rules a little, so the cops OP are talking to don't want to do it here.

      • Randxyz123 on 11/09/2018 - 11:39
        +2

        They can't just give out personal details to third-parties

        Rubbish. Of course they can and they should do here. Especially given the driver just drove off. It’s their job and some are better at it than others.

        A mate of mine got into a accident a few months back. The other car nudged his while they were over taking on the left. He didn’t notice but the other party did and called the police.

        The police called my mate, verified he indeed likely didn’t notice given the damage and gave him the at fault party’s mobile number. He contacted them, got their full details and made a claim. That’s how it should be done

        I’m not saying they should give out the other party’s full details but if they haven’t done so already their name and contact number would be more than enough.

        From the OP’s comments below it seems the police have been useless. It’s not the first time I’ve heard this.

        OP, contact the station you have been dealing with and ask for the sergeant in charge. Ask them to follow this up and to call you back.

        Once you have all the details send the driver a letter of demand via REGISTERED post.

        Include a quote to get the bike fixed and your contact details. They will pass this to their insurer or (more than likely just ignore it, given they drove off they probably are on the dole and can’t pay.) In this case you’ll need to take further legal action.

        Also contact your insurer as some TPP policies do offer assistance.

        • HighAndDry on 11/09/2018 - 11:41

          I'm saying they don't have to. I'm also saying there might be reasons they can't - for example they did it recently and it went badly maybe.

      • nith265 on 12/09/2018 - 09:19

        @HighAndDry is correct - they may but have no obligation to.

        Just like the endless "should I pay a private parking fine" discussions, the registration identifies the owner not the driver.

        The owner of the car might be vehemently denying to police that it was them driving at the time - the police cant prove otherwise so that’s where they leave it.

        The timing probably factors into it, the Police might offer the details on the day it happened as part of natural sequence of events, following up months later it is like you’re using them as private detective service.

        • nith265 on 12/09/2018 - 09:25

          sorry just read the OP's update from further down:

          ..the driver got prosecuted and fined with 2 separate fines ..

          they still dont have to - your matter and their matter are seperate - but yeah seems weird they would offer if thats the case

  • toniyellow on 11/09/2018 - 09:59
    +1

    http://mva.financialrights.org.au/ is a good resource for finding out your rights, as is

    http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist…
    You could try their suggested steps to identify the driver

    People buy comprehensive insurance to save money and time in situations like this. It may seem frustrating, but when you chose not to pay for comprehensive insurance, you made the choice that you will have to spend your time and money chasing up incidents like this.

  • hawkeye on 11/09/2018 - 10:20
    +1

    Driver left without leaving details that's hit and run. Tell the cop you want him charged so you can then settle for damages.

    • slow on 11/09/2018 - 10:26

      Cops aren't interested in charging. Well that was my experience. They contacted the driver and then provided me with the drivers details and said it was a civil matter between me and them and wouldn't take it further.
      Fortunately I was able to get them to pay without involving anyone else

    • HighAndDry on 11/09/2018 - 10:26

      The cops know it was a hit-and-run. OP doesn't have any rights to "press" charges, the cops have already apparently made a decision not to prosecute. That's that.

  • coxjon on 11/09/2018 - 10:21

    Comprehensive insurance for bikes can be usually prohibitively expensive :(

    I remember when I first got my bike the premiums were half the cost of the bike.

  • 87percent on 11/09/2018 - 10:43
    +2

    "the driver didn't know his insurance details"???… That to me sounds like he doesn't have any

  • kahn on 11/09/2018 - 10:54
    +4

    The police can't do anything without an MS Paint representation of the incident.

  • glub on 11/09/2018 - 11:12
    +1

    Sorry I should have added - the driver got prosecuted and fined with 2 separate fines
    one was reversing without looking
    and the other fleeing the scene of the accident.

    My bike is damaged enough mostly aesthetically but very noticeable cracked fairings dented exhaust etc.
    The handlebars are also bent.

    The only reason I reported it to the police was to find the other drivers details. Which they said shouldn't be a problem.
    The police have been 0 help. I've tried to call them every other week the past 3 months and they have only called me back twice to update me.

    I will 100% buy comprehensive next time. I assumed third party meant that the insurance won't cover your damages but would at least represent you in accidents apparently not.

    I had only just had my bike fixed the week before for someone doing the exact same thing. That driver had reverse cameras and beepers and still didn't see my bike. Both times i've been parked at least a metre away.

    I think I'm going to go into a different police station on my way home explain the situation and see if they can call the driver and ask if he will provide his details to me it will save us both time and money.

    • HighAndDry on 11/09/2018 - 11:18

      Again, police aren't private security. They don't have to help you - they found the guy and dealt with the crime. Your issue with the guy is a civil matter. The police can be nice and help you, but they might have their hands tied and can't just give out personal details of individuals, or you just happened to be dealing with a particularly unfriendly/busy station.

      I assumed third party meant that the insurance won't cover your damages but would at least represent you in accidents apparently not.

      Very few, if any, third-party insurance policies will include that kind of cover. Though again from memory I seem to remember hearing people talking about a few such policies that do include it so maybe ask around.

    • JimmyF on 11/09/2018 - 12:09

      I had only just had my bike fixed the week before for someone doing the exact same thing

      So you're a serial offender at parking your bike too close behind cars?

      Hmmmm

      • glub on 11/09/2018 - 12:28
        +2

        Nope, I just live in Sydney where 50% of people can't drive.

        • JimmyF on 11/09/2018 - 12:44

          Oh fair enough then!

        • HighAndDry on 11/09/2018 - 12:55
          +2

          I swear that's being generous… or maybe it's that 50% can't drive, but 70% can't park…..

        • minklet on 12/09/2018 - 10:27
          +1

          @HighAndDry: To paraphrase, think how bad the average driver is, and then think that 50% of people are worse than that.

    • StickMan on 12/09/2018 - 08:28

      I assumed third party meant that the insurance won't cover your damages but would at least represent you in accidents apparently not.

      Tough lesson to learn at any time, but it seems like cost of damage here is minimal. Think yourself lucky. Take it as a learning opportunity, and perhaps check all your insurances and do research.

    • Flanders on 12/09/2018 - 09:39

      When you're not at fault, and have 3rd party property insurance (not just the compulsory injury insurance) ….
      Then many insurance companies will cover you up to a certain amount eg. $5,000 , then they will chase up and get the money back from the at fault driver.
      Call your insurance company and explain and check about this

  • Godric on 11/09/2018 - 11:50
    +1

    If you didn't want the process to be complicated you'd pay for full coverage.

  • JimmyF on 11/09/2018 - 11:59

    What Can I Do ?

    You can file a freedom of information slip and get an insurance lawyer.

    All this seems super complicated and expensive.

    The joys of having 3rd party only.

    You also run the risk that the other party doesn't have insurance at all. So you'll have to go via other paths to get your money.

    So how much damage was caused?

    • glub on 11/09/2018 - 12:30

      I'd say a garage will quote the damage at around $3000.
      Multiple fairings are cracked/scratched, each of these cost $500+ The exhaust and handlebars will need replacing.
      Plus labour.

      I will be getting fully Comp as soon as my insurance is up.

      • JimmyF on 11/09/2018 - 12:44

        I will be getting fully Comp as soon as my insurance is up.

        You don't need to wait, you can 'upgrade' your current policy now.

        I'd say a garage will quote the damage at around $3000.

        Ouch

  • Ugly on 11/09/2018 - 12:34
    +1

    Are you a member of NRMA or similar? Most motoring organisations provide legal advice to members (and sometime more)

    I had a similar problem a few years back and NRMA actually represented me right through the arbitration hearing to settlement, all at nil extra cost to me.

    https://www.mynrma.com.au/membership/benefits/motoring-advic…

    • nith265 on 12/09/2018 - 09:54

      I had something similar over a decade ago from my insurance company when I only had 3rd party. Client advocacy legal service or something

      It cost me a couple hundred dollars though. They offered basic legal advice, sent letters using insurnance company letter head, rang people on my behalf etc.

      It's a much more cost effective option than speaking to a lawyer

  • Davo1111 on 11/09/2018 - 12:55

    google "motor vehicle <state name> FOI" and read the form, find out what is required and how much it costs.

    You didnt even write what state you're in. I suspect this will be put in the "too hard" basket.

  • TheBilly on 11/09/2018 - 19:54

    Maybe a new set of fenders and some oggy nobs to future proof?

  • Aust on 11/09/2018 - 22:08

    Did you get the other parties name and address. Start by sending a letter of demand and quote for repair and suggest he send on to his insurer. Give them 14 days and send a follow up letter advising your next step is and intention to sue.

  • glub on 12/09/2018 - 09:01
    +3

    Update on this:

    I went to a different police station & explained the situation. Whom were much much more helpful than the one I have been dealing with.
    Asked them to call the guy and suggest that if he didn't provide his details I would be taking him to court and reclaiming all my legal fees & time. Which is a longer and more costly option for both of us.

    He agreed to pass on his details to me and has since lodged a claim.
    If only the police officer had done this when I reported the accident 3 months ago I likely wouldn't have even asked for the police to pursue him and settled the matter between us.
    I understand the police have crimes to solve rather than chasing insurance details, however, general customer service and just trying to help out the public whom have been a victim of a crime you would think they would be happy to do.

    I will be paying double the cost for fully com next time.

    My next steps are to get 2 repair quotes and I should be all sorted.

    Thanks for all the advice & help! and to anyone else in the same situation try and go to another police station, they are not all useless!

    • xseta on 12/09/2018 - 09:35

      Keep us posted! :)

    • nith265 on 12/09/2018 - 09:44

      maybe make some edit/summary updates in the post for those of us late to this party

    • Gronk on 12/09/2018 - 19:13

      Glad to hear you got a positive outcome.

      If comp insurance is double it might be worth looking at a non-race / faired style of bike. When I went from a hayabusa to a naked 1300 my premiums halved, ironically the new bike is quicker than the 'busa was :D

  • jhmtaylor on 12/09/2018 - 10:19

    Your local member of state parliament should be able to help you get the name and address of the third party. In regard to Police there isn't much they can do without a witness to the accident.

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