The Driver Who Hits Me Refusing to Lodge a Claim

Last Monday I saw someone backed into my car and walking off. I ran and confronted him and he denied until i told him i have dashcam. Its a 2019 Arteon which I only bought it 3 days before the accident. I have full insurance with AAMI.

He is refusing to claim it on his insurance and said its not a big deal and you only have a small dent. Mind you his towbar ripped into the left side of the sensor and its damaged and no longer working and also the front panel has scratches and broken chrome. AAMI is sending me to their own capital smart for repairs and I am worried they may not able to repair it properly since i had bad experience previously with my i30.

Any form of advice is greatly appreciated regarding forcing him to claim it on his insurance or choosing my own repairer. Letter of demand and stuff might be too hard if this guy is refusing to pay.

Picture of damage

Comments

  • +34

    AAMI is sending me to their own capital smart for repairs and I am worried they may not able to repair it properly since i had bad experience previously with my i30.

    Why are you still with AAMI then?

    Any form of advice is greatly appreciated regarding forcing him to claim it on his insurance

    He might not have any. A good reason of having comprehensive insurance is that they do the work for you in getting your car repaired.

    • they eventually fixed the issue. His car was a latest Nissan Navara so hopefully he has insurance.

      • Potentially a work vehicle, which may explain the reluctance to claim.

      • Nissan Navara

        I had a red Nissan Navara reverse into my parked car at work and drove off. Thankfully it was witnessed and photos were taken. Woolies insurance fixed it all up and chased the driver (I had also a police report done). Thankfully the lady driver admitted. This was in Castle Hill.

        P.S. Your next premium will likely be higher even if it wasn't your fault. I had to change insurers to Bingle as they didn't penalise for not at fault claims.

    • +32

      I made a claim on AAMI recently under my comprehensive policy. Other driver at fault. After seeing reviews for AAMI's repairer I told them no good. I found another repairer that came highly recommended and they quoted to AAMI and AAMI funded all. Tell them there is nothing in the policy that dictates AAMI may demand the repairer. Hold firm. AAMI will cave.

      • +8

        Thank you. This what i was after. Very helpful. I will call them again.

  • +13

    Be very careful of Captial Smart, their work is very shoddy

    • +1

      That's what I am worried about and when I called VW for advise they said its better to go to one of their approved repairers so i can get the sensor fixed/calibrated correctly.

      • +1

        VW … advise … to go to one of their approved repairers so … the sensor [is] fixed/calibrated correctly

        And this is one thing you can use to force AAMI to use a different repairer - not manufacturer recommended.

      • Also make sure that you read the policy document.

  • +43

    Why do you need to hassle him ?
    AAMI will take care everything if as you said you have comprehensive insurance !

    • +2

      This.

    • +3

      then i can take the car to my choice of repairer not capital smart.

      • +12

        Depends on the terms and conditions of the insurance you signed up for. If choice of repairer was/is important for you, how come you didn't check on that before signing upto AAMI.

        • +1

          perhaps he had a look at some reviews about AAMI preferred repairer and learnt they had poor reviews. Did AAMI disclose their preferred repairer before he got his insurance? I guess probably not (even though they could - as people are entering their address in the quotes). Considering they encourage online quotes perhaps it could even be impractical for a civilian to get the name of the repairer before you got the insurance.

      • +4

        Maybe not, but you can at least check the other approved repairers in their network and make an informed decision. Don't just go to the first place they choose. So many of these insurance approved repairers are dodgy. Read between the lines when looking at reviews, it's easy to tell when they have faked them. If there are a negative reviews with likes on them, be very wary. Many people are hesitant to leave negative reviews but the few that do are helping others avoid the same experience, then the owner usually gets their mates or fake profiles to build the rating back up with positives.

  • +8

    Find a better insurer than AAMI

    • +4

      I left AAMI for NRMA. 180° difference in Customer Service.

  • +15

    You insure with AAMI and you're hoping the other party has insurance so you can choose the repairer because you know that AAMI will send you to Capital Smart??? Am I missing something? Why insure with AAMI in the first place?

    • +1

      Probably because they give them a great rate for being so loyal obedient subservient

      • +24

        Triple titanium status.

      • +1

        Do they even? Every time I compare insurance they aren't even cheap, let alone all the bad things I heard about them.

  • +1

    I had my previous car insured with them and ive just updated the car details when i bought the Arteon. I didn't know this.

  • +12

    You dont need to speak to the other driver once you have his details (or rego at least). Whether he lodges a claim or not is irrelevant to you.

    Lodge it with AAMI. Get it repaired. If your terms and conditions of insurance state you must use an AAMI preferred repairer then bad luck. But make sure you ring and find out who you can get it repaired with, you MAY have other options.

    • Thank you. I have all his details hence not paying excess. Its my fault for not knowing the terms and conditions. He refused to lodge a claim from his end saying its only going to cost you few hundreds dollors so not worth lodging.

      • +26

        He refused to lodge a claim from his end saying its only going to cost you few hundreds dollors so not worth lodging.

        YOU DONT NEED HIM TO LODGE ANYTHING.

        Your insurance will take care of it for you (and him).

        Do you have a claim number from AAMI?

        • -5

          it would be considered an incident on the OPs insurance if he lodges with his insurance company, it's better to get the party at fault to lodge with their insurance company.

          • -3

            @zuuutoootuuu: OP is not at fault though. It only matters if OP was at fault.

            • +10

              @Skramit: Some insurance companies consider you an at risk driver if you have multiple non at fault claims too. The other issue is when moving to some insurance companies they ask how many incidents you had instead of how many at fault incidents you had, which raises the cost of your insurance premium.

              • @zuuutoootuuu: If that’s the case you should change insurers.

              • +2

                @zuuutoootuuu: This man be speaking facts.

              • +1

                @zuuutoootuuu: Definitely right. Most insurers have the “Has any driver had an at fault or not at fault claim within the last 3 years” box.

                Clicking this will increase future premiums with any insurers.

        • +1

          Thank you. I was wondering why OP kept saying the guy needed to lodge a claim.

          You get comprehensive insurance so your insurance does all that for you. Lodge it yourself with all the details and let insurance take the dude to town. That is what you're paying for!

      • +1

        The other driver may file a claim when the repair bill exceeds the excess.

    • +2

      You dont need to speak to the other driver once you have his details (or rego at least).

      I believe you are supposed to give your insurer a name and current address, not just a rego.

      • I meant if the other driver refused. Worst case is you have their rego to make a claim.

        • Just saying the insurance company may refuse to help if you only give a rego number.
          Especially if the registered owner denies driving at the time. You generally need to identify the driver to make a claim.

        • If the other driver refuse giving his name and license details you should call the police

  • +1

    Yes and taking the car for repaires on 7th and they are also providing a hire car from hertz.

    • +1

      The repair and hire for a few days could run the total bill up more than $2000.

      • +3

        Its much more than that. Apparently the sensor unit is expensive. Also they may replace the front chrome with a new one. Again this what a local panel beater told me.

  • +10

    Plot twist, the at fault driver says ok and will contact their insurance. At fault drivers company is AAMI and tells OP to take it to Capital Smart…

    • Doesn't work like that. If he claims i can take it to anywhere. I already confirmed that.

      • +5

        The other driver doesn’t have to file a claim. They can respond to your claim.

      • +2

        Yes you can take you car anywhere, but the other party's insurance doesn't have to pay what ever the repairer charges. You may need to source multiple quotes or submit your car to their inspection. They may specify an amount to be paid that does not meet the costs from your chosen repairer.

        Further info from https://www.finder.com/car-repair-after-accident

        "In most states, it’s illegal for insurance companies to steer you to choose a specific repair shop. However, some insurers still offer a list of preferred mechanics to choose from. If you’re making payments on your car, your lender may require you to pick a shop from this list.

        Otherwise, you have the right to choose where you’d like to take your car for repairs. If you do choose to work with a shop that’s in your insurer’s network, though, you might save time and hassle. On the flip side, your insurer’s preferred mechanic might use aftermarket parts to save on costs."

        • Was going to say the same thing. I'm pretty sure that if someone who is not at fault cant just take their car to whoever they want. But on the flip side, you don't have to take it to someone who would make it extremely inconvenient for you to take it to.

          While you may have more of a choice, it certainly would not be open slather. For example, you couldn't just take it to the most expensive repairer in the state and expect the other party to accept and pay for that.

          • +1

            @pegaxs: Lets just stay i hit a ferrari. aami can't force the other party to take his/her car to capital smart. I bet the ferrari drive will take it to the best possible repairer.

            • +4

              @jruban: No, AAMI cant force them to take it there, but they can ask that the quote for repairs is reasonable and acceptable. So, they cant just take it to "Cousin Habib's Fully Sikre Ferrari Emporium" if the quote is going to be well over fair and reasonable repair costs.

              I also believe that you don't have to take it to your insurers "preferred" repairer either, but if you choose to use your own repairer, going against what they would like, then it would be up to you to dispute any issues that occur after the repairs directly with the repairer and not through your insurance.

              So, if you are up for fighting with the repairer if anything goes south after the repair, have at it.

              Or call AAMI up and tell them you would prefer not to use Capital and could they direct you to another recommended repairer. I'm sure they would have more than one on the books.

  • +1

    You can't force the other party to make a claim and pay they're excess, nor do they have to.

    Either do the chasing yourself, or surrender to AAMI.

  • +2

    Even if Capital Smart do a shit job, can't you complain and force them to do it again properly?

    • I believe I can. Trying to avoid running around that's all.

    • The car doesn't come back with a label saying "shoddy job performed".

      A sh!t job isn't necessarily immediately obvious, and the last thing you'd wish to happen is only find out about it years later and good luck proving its the repairers fault by then.

    • Half the problem is the repair may look ok to a non experienced person but to others who know what to look for it will be obvious it has been repaired.

      Also the cheap materials used may look ok to begin with but in 3 years time the top coat will start to become yellowed and look like shit.
      Their response to this? Our repairs come with a lifetime warranty so you're fine - except no-one wants to keep taking a car back many times so they can continue to (profanity) it up.

      Capital smart is owned by Suncorp who owns AAMI - they charge $55/hour and AAMI will only pay this much if you take it elsewhere.

      You also deal with idiots from Manila when you make a claim - very painful.

      You can get round it but you have to dig your heels in - I've been there.

      I've now moved 2 cars and my home/contents away from AAMI.

      Also - fun fact: Shannons is owned by Suncorp and spout 'choice of insurer' in their adverts do exactly the same. They tried to tell me Capital Smart was a prestige repair shop (I own a BMW and they tried to force me to CS. when I tried to get quotes from real prestige repairers, 3 out of 4 would not even quote as they said Shannons will not authorise the quote as they have small print that compares it to the cheapest option [$55/hr at CS]).
      The BMW is now not insured with Shannons after advice from every repairer I contacted.

  • +3

    FFS if you don't like AAMI go somewhere else. I bet the reason that you stayed with AAMI was because were the cheapest. You can't have everything your way.

    • -4

      Yes AAMI was the cheapest compare to everyone else. Arghh some ppl :p

      • You get what you pay for, your vehicle will more than likely be taken to Capital Smart and they'll most likely do a shocker of a job. You'd hope they do such a bad job that you'd be able to escalate the case and have them send you to another of their authorised repairers after giving Capital Smart a second/third chance of rectification.

        Poor VW, if you had cared; you would have gone with an insurer which allows you to choose your own repairer.

  • This post made me lol. The way people screw themselves is hilarious.

    • How so? I have full insurance and AAMI is not the cheapest. Not sure whats your point is?

      • +10

        Yes AAMI was the cheapest compare to everyone else.

        AAMI is not the cheapest.

        Hmmmm. How can it be both?

        • -10

          I was being sarcastic to that poster.he said i was with AAMI because they're the cheapest.

          • +4

            @jruban: Well what other reason would you continue to stick with AAMI?

      • +1

        How so? You willingly pick an insurance provider you don’t trust and then complain when you need to make an insurance claim = lol.

  • +1

    You don't have to do anything, AAMI should be doing it, they'll send a letter of demand, and if he still doesn't contact his insurer it'll eventually go to court where he will undeniably lose. I don't know about AAMI specifically, but you can prove who's fault it is so you shouldn't be paying any excess, and even if you do it will be refunded later.

    • Correct no excessive from my end and aami also paying for a hire car.

    • exactly this is why you pay insurance..so you don't have to deal with it.

  • Are you sure AAMI does not have other approved repairers for you to choose? Warn AAMI capital smart has poor reviews, so you are worried about bad job, then it's on AAMI to figure out how to reassure you.

    • AAMI will pay another smash repairer to do the job, but they may just pay a portion of it (as in the amount they pay capital smart).

      In saying so if the difference isn't much they just pay the whole thing.

      However I know a lot of places that won't repair your car as soon as you tell them you're with AAMI.

    • That's what they said. But ill give them a call again and see if i can push a little.

  • Is Capital smart the only option you have? What I found from my experience with another insurer that does not let you pick your repairer is they have a list of authorised repairers and they send you to the one they think is closest to your nominated address. If you push harder and are willing to move suburbs or locations there may be other repair options around.

    What I suggest going forward is going with an insurer that lets you pick your own repairer (depending on how much you value your car) the peace of mind was worth the extra $$$.

    • -1

      Seems like i may able to pick my own provider if i push them hard. I didnt choose AAMI because they are cheap (they aren't cheap anyway). I had it on my previous car and just changed the car details and paid the difference since the new car is worth a lot more.

      Thank you for your valuable advice. This will definitely help me out.

  • Last month I had the exact same experience.. I was walking out of the mall to the car ( parked in the parents with pram parking slot), I was right behind the car and unlocked it, suddenly I saw a Ford Ranger reversing and I unlocked/locked the car again which flashes the lights in an attempt to warn him but he hit me.. the tow bar ripped open the chrome front of my Outlander …

    The driver immediately gave me his details but opted to pay for the damages since it was a small dent.. but I went to the smash repairers and they quoted $1800 as there were other internal dents…

    I told the same to the driver and then went with my Comp insurance with NRMA … they gave me a repair date at the end of March… I opted to wait since those guys did a great job last time when a taxi hit me at the rear..

    • +1

      This guy think he can get away with few hundred dollors. According to local panel beater he wont be surprised if the bill exceeded 4000+.

      He said there mighy be other internal damages which they cannot see it from outside. Luckily I saw the accident and confronted him when he casually walked away.

      • Hope you get things sorted out..

        • Thank you. Appreciate your help

  • Damn :(
    I also have AAMI and last Friday an Amarok almost sent me to hell. I don't have the comprehensive anymore so even with the photos, recording, and etc, they won't do sh1t.

    I was at the traffic light, the driver was drunk, speeding and on a attempt to avoid hitting my motorcycle, he did hit me and also ended by hitting a Australia Post Office van.
    I was (profanity) lucky, all I had was a piece of my palm hand went off lol

    I will have to wait until 6th to find out. My biggest fear is that the guys company's insurance since the Amarok belongs to the company, will send my bike to any cheap d1c*h3ad.

    So far the damage on my 2013 NC700 starts from $900 in parts without including painting procedures. I could easily do the parts job myself. I will contact Sydney Performance Motorcycles to see if they work with insurance companies as I only take my bike there when I cannot do the job myself.

    It sucks, you drive/ride respecting everything but always a mf will screw you up.

    • +2

      I feel your pain. I bought the car on friday and accident happened on monday. Thank god for the dashcam i dont have to pay any excess.

      • I do have a dashcam on top of my helmet but that day guess what?? It had no battery Grrrrr
        The good part if there is any, the guy left before the cops arrived and it happened in front of a pub.
        He might thing twice before giving me hard time.

        Btw, good to know about AAMI, I won't renew with them anymore haha

        • Oouch.

    • +2

      The other driver is drunk hence uninsured.

      Was the police involved? They should be.

      • I bet he will tell the company he was drunk. They appeared but since nobody was hurt, well, only skin missing hahahaha, and we had everyone's details, they could not do anything. If he refuses to pay then the cops can be involved for good.

        • +1

          You said he was drunk? Police needs to be involved if he was.

          • @CMH: He left before the cops arrived so. The cops couldn't check on him.

            • @ratoloko: Did you tell the cops he was drunk?

              If you did, and have his details cops should've paid him a visit. Or they were lazy and let it slide.

  • +2

    Unlucky you are with AAMI

  • +2

    As someone who had 13 separate repairs for a single low-speed scrape through AAMI, why the heck are you still with them if your original experience was poor?

    Never again will I be a customer.

    • h0ly m0ly :(

  • Capital SMART is the worst repairer I have ever dealt with. My best advice to you is NOT to use Capital SMART. You CAN choose your own repairer.
    They are nice to you at first then once they take your car and complete their cheap and nasty repairs, they will tell you to get stuffed if you have any issues. They are most likely owned by the insurance and work against you not with you.

    • They are owned by Suncorp, who own AAMI and others.

      Keep away from all Suncorp repairers is the advice given to me by all the smash repairers I contacted when my car was hit.

  • Did you get his details or did he refuse to provide them?
    Did you get photos of his vehicle \ rego - next to your vehicle or where it happened?
    Have you gone and signed a stat dec about what had happened and how the person who did this had either refused to provide details (if that was the case) or refuses to claim as part of that?
    Then hand it all off to AAMI and let them deal with it, you have the rego of the person who was at fault.
    Did the dashcam show the incident and is it indisputable?
    Have you asked (told) AAMI to use another repairer as you weren't happy with them last time?
    Go get some quotes from another autobody place with decent rep or who deal with a lot of VWs and could do a better job and push those back to AAMI.

    • He did refuse to provide the details or admit fault first until i told him about the dashcam. Then he was like its just a scratch and told me to not to worry about it and walked away but when i mentioned about going to police station to get an incident number he changed his mind and provided his license details.