Car Was Rear-Ended, Other Party Refuses to Pay Full Repair Fees (Both Parties No Insurance)

unfinishedsentenc on 05/07/2019 - 12:34
Last edited 05/07/2019 - 15:10 by 1 other user

My car was rear-ended in a stationary position in front of traffic lights on May 23, so over a month ago. Other party is obviously at fault. He was not insured and my policy also happened to have expired 5 days prior, on May 18.

I got a quote from a local repair shop; it was around $1300 for the back. I offered to take $1000 cash to fix up a bigger dent in the front of the car. However, the driver would not pay anything more than $600. He also proposed to take the car to fix himself, which I rejected because who knows what dodgy repair shop he'd take the car to.

He has not been cooperating as of late and responds very late to my messages. I've contacted my insurance company and they basically said my car was not insured at the time so they can't do anything about it and for me to take legal action.

So what are my avenues right now? Should I contact the police, take the matter to VCAT (if so, what are the fees involved?) or via some other means?

I'm based in Victoria.

Thank you in advance

EDIT: So apparently the insurance company I'm with does have a grace period after the policy expires that covers the car, but is reviewed on a case-by-case basis. I'd told that the chances are 50/50 and they'll call back within 10 days.

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  panorama on 06/07/2019 - 11:30

  +3

  Wow I really finished 3 bags of popcorn reading this amazing !!!!

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  chriise on 06/07/2019 - 13:51

  +1

  Hey OP I had similar situation but the repairer let me use their insurance service to chase up the claim, however I think the other party was insured. I left a comment on this thread, you might find the whole thread useful:

  https://www.ozbargain.com.au/node/286577#comment-4344491

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  CheepAsChips on 06/07/2019 - 14:04

  Thank you, an interesting read providing some memories and takeaway reminders.
  As mentioned above, keep drivers license current and in hand, stay on top of rego, insurance, roadworthiness.
  Hope insurance comes to the party. If you have disclosed all, it may be a simple task for your insurance solicitors.
  Good Luck.

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  Beef Dingle Berry on 06/07/2019 - 21:25

  How do you know they don't have insurance? 2017 Volvo XC90 sell used for $70000+ on carsales, that's an expensive vehicle.

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  Trying2SaveABuck on 06/07/2019 - 23:22

  Police in Victoria are useless dont bother with them

  your best bet is VCAT but if you cbf with the hassle then take the loss and learn the lesson never drive a uninsured car!

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  Lexan on 07/07/2019 - 08:07

  +1

  Are you based in Melbourne? Go to Spot On panel. They will help you to recover accident cost. They helped me last time. Good luck.

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  mousie on 07/07/2019 - 08:42

  +1

  Can u please draw the accident in Mspaint

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  Rohangiga on 07/07/2019 - 14:31

  your own fault for not being insured

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    unfinishedsentenc on 16/07/2019 - 22:41

    My fault my car was rear-ended.
    My fault I was following road rules.
    My fault that my claim was accepted in the end.

    Thanks for the constructive advice :)

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  unfinishedsentenc on 16/07/2019 - 22:39

  +4

  UPDATE:

  Thanks for the advice folks.

  The accident took place within 14 days of my policy expiring so the insurance company has accepted my claim.

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