100% not my fault, cost of repairs $9K exceeds value of car; can I just get at fault party insurance to write a cheque ?

Whilst I had no intention of getting a new car this financial year. My car was hit this week and what looked like moderate damages quote is $9K. More than the trade-in value and about what I would have received on the private resale market prior to the damages, which now I won't now since I would need to admit the car had been in an accident.

100% not my fault, at fault driver panicked after cutting the corner and hit the accelerator not the brake…and ended up on the wrong side of the road into the front right of my car.

Whilst not looking to cheat anyone, but just get the best deal I can from a bad situation, I am now thinking of bringing forward a new car purchase. Any advice as what I should do/say to the at-fault party insurance company (Bingle). Do I get them to cut me a cheque for the repair cost then I sell the damaged car.

Comments

  • +2 votes

    They pay you the value of the car and they keep the car

  •  

    What is normally the fair price they set, would it be the trade in value or the private sale value or negotiated value?

  •  

    Just checked it out red book $6500-$7900, ouch the last service was $1200. Very sad day.

  • +3 votes

    Your insurance company will take care of it all, will be nothing to do with Bingle (until your insurance chases them).

    The crash repairer rang me after my last car got rear-ended and asked if I wanted the car back. I said no, and he said, cool leave it with me, and essentially gave a quote above value of car to the insurance company.

  •  

    Don't want to involve my insurance company unless there is push back, after all, 100% not me. Bingle (the at-fault party insurance) already got me a rental Camry, apart from a long long phone call they have been fairly good about it.

    • +2 votes

      How can you not involve your insurance company? You are obliged to tell them about damage to your car. As of right now they still think they are insuring a fully working fully repaired car. You seem to be implying that your car could be an economic write off, which definitely would involve both insurance companies where you would end up with the $ and they would end up with the car. You seem to want both the $ and the car…You can't just make someone pay for repairs then turn around and pocket the $.

      •  

        I phoned my insurance and they said to come back to them only if there is an issue. They certainly didnt want me to make a claim with them 1st off.

  •  

    What are is it? 9k repairs.

  • +1 vote

    You need to get Bingle assessors to declare the car an economic write-off if you want a cheque/cash. In that case, Bingle will want your car, which they will sell and also claim back your registration once they de-register your car.

    There is no getting the $9k and keeping the car, it doesn't work that way for a repair. In the event of a repair payments are made direct to the panel beater, not you.

    • +1 vote

      That's OK, the car is not driveable, headlights and radiator all busted up. I will phone Bingle ask them to cut me a cheque for the remains. Pitty as "stuff" I really liked it and has fond family memories. Though I was thinking of replacement in 2020.

      Would I be allowed access to the car as I want to get my stuff from the boot seat pockets etc?

  • +1 vote

    I dont think the other insurance company has the right to "right off" your car. You have no contract with them.

    •  

      Yes, very good point. I would have thought legally my actual claim for property damages is against the driver of the car who hit me, not their insurance company. The car even damaged remains my property, I still own it, I don't need to sell it to an insurance company or to anyone unless I agree. Pragmatically however just have to collect my stuff in the car, say goodbye , thanks for the family memories of over a decade.

      •  

        My brother had an instance where his neighbour backed into his VS Caprice, and their insurance said they were writing it off (mainly because the rear glass is almost impossible to get for that model).

        He basically said "no you're not, you're fixing my car" and in the end they agreed.

        If you claim through your own insurance it might be different, Id suspect.

        • -2 votes

          Lol. The insurer changed their mind out probably because it was an on the fence case.

          You can't just get an insurer to do your bidding.

          •  

            @tshow: No, you dont understand.

            The other person's insurance company has no contract with you.

            It's their job to correct your losses.

            They have no right to write-off your car. They just like you to think they do.

            •  

              @devnull73:

              It's their job to correct your losses.

              If you're referring to the other person's insurance - false. It is their job to represent the other person. Their obligation to you is nil except to pay for any damages you can attribute to their client.

              If you cannot proove damages, you can't claim anything. In this case, OP hadn't proven any damage. He provided a quote and the other insurer has offered a settlement. If OP wants to go to court, he may be awarded more but going to court costs time and money.

              If you're uninsured and have no representation, the other driver's insurance can even pursue you for damages.

              •  

                @tshow:

                except to pay for any damages you can attribute to their client.

                Which is what I said.

                Do you argue for a hobby?

                •  

                  @devnull73:

                  It's their job to correct your losses.

                  Provable losses that can be attributed to their client. You may have losses but if you can't prove it was caused by their client, and you do not have representation, they don't have to do anything.

                  Ie. Claim with your own insurer if you want agreed value or fight the other insurer for your requested value.

                  Which is what I said but you seemed to have overlooked.

                •  

                  @devnull73:

                  Do you argue for a hobby?

                  I'm pretty sure that in another life he was a lawyer. Old habits die hard.

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