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


      • WTF that guy is dodgy af.

  • I really hate how people with towballs leave them on 24/7 even though they are not towing anything. Takes about a minute to remove or attach them.

    • why do you say that?

      i like it, most of the time, as people in traffic at lights/traffic stay far behind. not one of those that leave 30cms gaps

      id probably use mine 3 times a week

      only time i hate it is when i hit my shin on it while getting things from the boot haha

  • My two cents

    1) Nrma: Total write off: NRMA paid off the vehicle without any questions really (wasn't me)

    2) Budget direct: bumped 2 cars in front of, i had to call once they sorted it out, no follow up etc (was me)

    ….prb change if you have issues with aami

    this is why you get insurance —>so you don't have to deal with this shit

  • This thread title is bad as a news website headline …
    I'll admit to not knowing much about cars and insurance but read through all the comments to confirm my head scratcher on why your insurance would have anything to do with the other lodging.

    What's the point of the story; could just sum down to saying someone hit you but you hate your own insurer. And the obligatory MS Paint diagram.

  • im with aami, had similar incident when a guy reversed into me whilst at red light. dont understand why people like to put in park mode is it that hard to hold on the brakes.

    anyways when lights went green he puts it in reverse and steps on it and smashes into me.

    i made and paid the claim upfront…
    aami gave it back after investigation.
    i havent seen a increase in premium in the following year, actually went down $50

    anyways aami tried to send me to capital smart, didnt like the idea, so i spoke to some authorized aami repair shops, found the shop i liked and what they did was, call to head office on my behalf.

    everything easily got transferred over them.

    mind you my car was 2 weeks old as well… took 3 weeks to wait for parts as no dealership in australia had parts readily available and 1 week to repair
    cant believe those front "toyota sense" camera costed 2100, parking sensors 950

    car rental 4 weeks
    bill was crazy

    • Yep imagine the cost for VW. Plus replacing the chrome, hire car etc going to push the bill. I hope he has insurance for his sake.

  • You contact your own insurer, provide them with the at-fault driver's details.
    Your insurer will get your car fixed and they will send the other driver a very nasty letter and bill. Whether he claims on his insurance or just pays it is up to him.

    • Then if you decide to leave AAMI, your next years premium will fly up a few hundred dollars because you have made a claim whether it’s your fault or not.

      • Err… no, because AAMI is not paying.

  • A lot of insurance companies have agreements with specific repairers to do certain jobs at a set (low) price. They often do a shoddy job and even do a shoddy job when you complain and get it re-done. If you stand your ground and insist on taking it to your (named, more reputable repairer) they will usually let you. BUT, it’s way smarter to take it to the reputable repairer in the first place rather than stuffing around for weeks/months with the shoddy mob first. If you had his name, rego number and licence number, let your insurance company deal with him. He can choose to pay for the repairs out of his own pocket. You shouldn’t give a damn.

  • +9

    I'm going to read every reply here, but as I do work in demurrage and not a single day goes by were I'm not suing Suncorp (AAMI's parent company).
    As for your dilemma; your choices are;

    1. lodge a claim with your insurer, they'll try to get you to a Capital Smart, they don't use original OEM parts if you're worried about that. Suncorp have also changed their PDS that states that you may not have choice of repairer, I haven't seen your policy so can't comment on that. BUT, also, Capital Smart repairers are crap anyways, and if they see a too hard job, they'll pass it to another repairer. Advise them it's a brand new car and you only want it at a manufacturer authorised repairer.
      If you're looking for a repairer, you can take it to one of these VW certified repairers;
      Autohause Prestige in Five Dock (they're the Audi Fivedock dealer repairer)
      Prestige Autobody in Artarmon
      Panel One in Alexandria

    Also, you're entitled for a like for like vehicle replacement while your vehicle is being repaired, not some crummy Hyundai I20 or I30.

    1. Go to a repairer that will repair it pro bono but they'll use their recovery agents to chase the at fault party. They'll be no faffing around, the recovery agent will issue a statement of liquidated claim against the at fault without delay, if the at fault lodges a claim, then his insurer will get involved and it'll be sorted in no time, unless again it's Suncorp the at fault is, and more than likely they'll give it to one of their solicitors to defend. We settle 8 out of 10 times just before it goes to a hearing.
      On the off chance the at fault party doesn't lodge a claim, and doesn't respond to the statement of claim, then he'll be defaulted by the courts, and have a sheriff sent out to him. But if it gets to that point you need not to worry about all that. Your car will be fixed.

    If you have any questions, DM as this is my industry.

    • Thank you so much. Extremely helpful tips. I appreciate your post.

    • Wow I didn't know there are repairers who could do that.

      BTW what's demurrage?

      • noun LAW
        a charge payable to the owner of a chartered ship on failure to load or discharge the ship within the time agreed.

        • BINGO.
          But we use it when it a driver is involved in a not at fault accident. Basically, they should be put in the same position as they would have been had they not been involved in an accident i.e Like for like vehicle replacement (within reason).

      • Google 'not at fault car hire'

        I just used Right to Drive when my car was rear ended - highly recommend.

  • AAMI should have information sheets/critical information summary or whatever they choose to call it on their website. Get one and check what your specific policy provides to you, as far as choice of repairer. If it allows you to use your own (usually just has to be a recognized repairer under federal or state body) then do that.

    As far as the other party lodging or not, that’s not relevant to you, as you said before, you got all his details, which you gave to AAMI (your insurer) and they do the rest. That’s what you pay insurance for!

  • I had to return to Capital Smart twice after they “repaired “ my car for it to get fixed. A few days after I got it back “repaired” it released an explosion of white smoke /gas and the second time it made a progressively worse knocking noise. The band aid repairs they engaged in kept failing, massive amount of inconvenience having to keep taking it back.

  • -1

    Engage Daniels Recovery, if its not your fault. They will supply you with a free loan car, no fees, they will engage their lawyers to chase up the other driver. You don't have to inform your insurance company.
    other companies that can help out AT NO COST TO YOU are 1800fixmycar 1800notmy fault, do your own google search.

    I just want to remind everyone, that once you put in a claim, even if its a NOT AT FAULT claim, your insurance company and others will treat that Claim as a CLAIM regardless if you weren't at fault.

    • Yes. Premiums will usually increase. But I found Bingle didn't increase if not at fault claim.

  • Been said many times but why in the world did you not review your options and change to an insurer that satisfies your requirements? Seems like you want top features from our policy but decide to cheap out because you wanted to pay as little a possible or you were just plain lazy.
    Chasing the other party to claim through their insurance is the most ridiculous waste of time I've heard of when you already have comprehensive insurance.

  • It doesn't matter if he claims it or not. As long as you make the claim on your end, your insurer will speak to him or his insurer and take care of getting the money for the repairs. If you're not at fault, it won't cost you a thing.

    Even if they can't get the guy to pay (they will put their legal team onto him), your car will still be repaired. Instead of the guy oweing you, they will owe your insurer, so they're the ones that have to chase the debt, not you.

  • Jruban, either claim via your insurance and in accordance with their terms and requirements, or pay for the repairs and hire car yourself and hope to recover the debt from the other side.

    Debt recovery requires the other side to acknowledge the debt AND they do not need to pay for unreasonable expenses. They can contest each expense and the onus is on you to prove that the expenses were reasonable and they can refute it. Dash cams are not an admission of liability.

    There are costs associated with debt recovery and some of those costs may not be recoverable leaving you out of pocket. It may take years before you get the money via court action / debt recover during which time you have paid for the repairs and other expenses.
    Finally, if you are successful, you still risk the court agreeing to a payment arrangement whereby they pay $10 a week / month etc. And you have to follow it up whenever they stop paying. Just because they drove a newer car does not mean they have the money to pay for your repairs. The car can be owned by someone else.

  • Yes definitely not chasing the cost by myself.AAMI can do the chasing. I just need the car to be fixed to the original conditions. I think that's a reasonable expectation.

    I thank each and everyone of you for the suggestions and will update once i am done with the repairs. Happy new year everyone :)


    ??? what's that hosted on? can't open the link, says it's unsafe and uses hsts

  • I'm not sure if people are aware but AAMI parent company, Suncorp owns 10% Capital Smart Repairs and AMA Group owns remaining 90%.

    Suncorp and all it's subsidiaries, GIO, AAMI etc… will continue to recommend Capital Smart Repairs as their "recommended repairers" for next 25 years, starting October 2019.

    More information:

  • dafarq is this

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  • Does this driver continually hit you? The title makes it sound like your driver (chauffeur) hits you while you're being taken somewhere 😂 I know this isn't the case but it gave me a good chuckle.

  • +1

    Sorry to hear about what happened to your car. It sucks, particularly because the car is so new.

    One thing I can certainly testify to is that AAMI repairers absolutely suck. Just last year I had an moderate accident in a relatively new car. The AAMI repairer (not capital smart) absolutely butchered the repair to my car. Front bumper was poorly aligned, protective rubber strips were just hanging off the car, New headlight looked damaged and the front quarter panel was so poorly repaired that a panel beater approached me and asked if I'd repaired the panel myself.

    I fought AAMI for months and after taking the car to a neutral agreed upon repairer with AAMI. They found that the repairer had used glue instead of replacing appropriate clips, used incorrect parts for my model of car and there were significant defects with the paint work.

    In the end AAMI had to pay an additional 4k (more than the cost of the initial repair) to get the work right. After this, I'd never insure a car with any Suncorp brand or in fact any insurer that doesn't let you chose your own repairer.

    In this instance, the damage is fairly minimal and I don't forsee that even an AAMI repairer could botch it. I wouldn't rely on the other person to lodge a claim but I'd certainly change insurer at the conclusion of this claim. Be willing to fight AAMI to get the repair right.

    This has come to rise as a massive issue in recent years particularly as insurers remove the choice of repairers. They significantly underpay repairers now so it's done to a cost to make sure they don't lose work from the insurer.

    • +1

      That's terrible. I'd have brought that to a current affair lol

  • +2

    Are you serious?

    The whole idea of comprehensive insurance is that you dont need to worry about these things.

    Your insurance will repair your car, then it's their problem as to whether or not they can recover costs, not yours.

    You are covered regardless whether or not he pays

  • Update: AAMI let me choose my own garage as long as they're on the list of aami approved repairers. Can someone recommend anyone in Sydney? I am thinking about cullen's in Auburn. Good reviews and a friend had good experience with them.

    • +1

      I am thinking about cullen's in Auburn. Good reviews and a friend had good experience with them.

      Then you should go with them.

    • +1

      Just make sure you check everything before accepting the car back.

      Sensors, paint matching, climb under the car if you need to.

  • Update: cullen's at Auburn did a fantastic job. Took them three days to finish the job. Highly recommended.

  • Topics like this seem to pop up every week. There's really no way to make the accident or insurance experience pleasant even if you're completely in the right. I've just learned to to do everything possible to avoid it all together. I'll park my car behind the shopping centre in a quiet street just to avoid the risk of some lazy soccer mom denting it and then coming on Ozbargain to ask how I can chase her down.