Unable to Claim Third Party Insurance after Being Hit by a Learner without Insurance

Hi all
On 22 May, my friend got hit by a Learner licence holder while he was waiting at the traffic lights to turn left. The L driver was alone in her car. My friends insurance (RACQ third party) refused to proceed with the claim as the other party is not responding to their phone calls or letters.

P.S. My friends car is written off.

What should we do?
Please help

Comments

  • +1

    Their policy says they will cover you if

    • we decide that the uninsured third party driver was 100% responsible
    for the incident, and
    • you give us the correct name and residential address of the uninsured
    third party driver and the make, type and registration details of their
    vehicle.

    Sounds like the first part may need to be confirmed (no police report?) before they are willing to take legal action.

    It does mention that they will only cover up to $5000, I guess that's why your friend only bothered to get 3rd party insurance…

    • This.

      Your “friend” should have called the non emergency line on the spot. Learner driver, no supervisor (unless they are licensed in another country??)

      Now he/she needs to speak to a manager at their insurer and find out what they need to claim against someone uninsured… Making a statement to the police and submitting that would probably help.

  • We tried to approach police before but they said that it's an insurance matter.
    We have all the details of the other party.

    Moreover, we were happy to file our claim under 5k limit, but as the other party didn't respond, racq didn't proceed with our claim.
    There were security cameras at the fuel station nearby, but they need police to be involved to handle the footage. It's been a month already, not sure the footage might be deleted or not.

    What we can do now?

    • +8

      Surely the police has to get involved if the learner broke the law by driving without an instructor? Unless in Queensland you learn how to drive in a car without a supervisor instructor, which I doubt is the case

      • +11

        They may issue a fine. They can’t help the driver get their vehicle repaired.

      • +2

        If you have reason to suspect another involved driver is unlicensed or there are other suspicious circumstances, you should contact Policelink on 131 444 who will determine if police need to attend.
        https://www.police.qld.gov.au/initiatives/road-safety/traffi...

        I'd submit an unaccompanied Learner driver is "unlicensed" because the Terms of their License require a Licensed Driver to accompany/supervise them.

        • -2

          The other driver have a learner licence.

          • +3

            @whooah1979: "The L driver was alone in her car."

            Thus, the L driver was unaccompanied.

            • -3

              @holdenmg: Yes, the other driver was driving unaccompanied but they still have a valid learner licence.

              • +2

                @whooah1979: But the "L" License doesn't say they can operate a vehicle unaccompanied or do what they feel like either.

                Clearly there are "other suspicious circumstances" that the fully Licensed Driver should have realised warranted a call to 131 444.

                Where is the Fully Licensed Driver accompanying and supervising you?

                Not around?

                Call.

                • @holdenmg: The offence is ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 15 (1)(a).

                  • +1

                    @whooah1979: Isn't that NSW Legislation?

                    This was Qld wasn't it?

                    • @holdenmg: The OP's 'friend' is insured with RACQ so one would assume that it happened in Queensland

                    • +1

                      @holdenmg: TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DRIVER LICENSING) REGULATION 2010 - REG 5 (11).

    • Last time I checked anything with $500+ of damage needs a police report taken out. In hindsight it would've been a nice to have on the day.

  • Your only recourse is either suing the insurance company or the party at fault.

    Even if you are successful, if the party at fault is a young teenager, they can basically declare bankruptcy and you get nothing.

    Probably why the insurance agency opted not to pursue it.

    • +2

      Then why do people pay for insurance?
      If i hit someone with my car, is it so easy to escape responsibility by simply not picking up the phone?

      • +3

        It could be the insurance company calculated the costs and prefered to screw you over than take the hit.
        They are basically counting on you doing nothing about it.

        At worst for them they refund you the insurance money you paid to them.

        Getting a solicitor and pursuing it will cost more than the 5k you could get for the claim.

  • +10

    P.S. My friends car is ridden off.

    Who was riding it and where did they ride it to?

    • +2

      Giddy Up!

    • +1

      Into the sunset.

    • Yeah but as the expression goes "good riddens", obviously you'd have "bad riddens". This one is badly riddensed.

  • +11

    How is it not a police issue when the learner driver was driving unsupervised?

    • +1

      Great minds think alike ;)

    • No witnesses would be my guess. It would be one drivers word against the other, wouldn't stand up in court and the Learner could claim the other driver was lying because of the accident?

      • We have witness and there might be a cctv footage as well

        • Non-impartial witnesses are not reliable in collisions where nobody is injured.

    • Because the police didn't come to the scene as there was no physical injury.

  • +4

    I would also suggest that you ask for a review of their decision, and also follow up with a complaint to the relevant ombudsman. This will make the insurer come to the party. They can’t just wipe their hands. They will need to explain that if you have met your obligations under the policy why they would not honour the contract.

  • +1

    After hitting or got hitted?

    • -3

      Any other mistakes you can find?

  • +7

    Why is it always 'a friend' I wonder.

    There must be a lot of people who are scared to use the Internet for themselves.

  • +7

    Car got hit… no comprehensive insurance… can't contact other party…

    Ahh another fine day on OzBargain.

  • "a friend"

    Now you're (I mean, your friend is) finding out why sensible people pay for full comprehensive insurance (when they can't afford to take the financial hit of the loss of the asset).

  • +1

    Thanks everyone for your time.
    Just visited the local police.

    They said will help to find out why she was driving alone and do they have any insurance with them or not.

    • +6

      If even they had insurance, wouldn’t the fact they where a learner driving without an instructor render any insurance void. So you would be exactly the same situation.

      • -1

        They don't have any insurance and they were at fault as they hit us from the back while waiting for the traffic lights.
        We have got eye witnesses.

        Driving without a full license holder is a breach of law not an insurance policy.

        • +1

          Yeah, but what Inspiredspider is saying is that because the learner driver was driving illegally, if the owner of their car had an insurance policy which covered anyone who drove their car, that learner driver wouldn't be covered as they were driving illegally and thus insurance wouldn't cover it. Same thing if the learner driver was a drink driver and hit you from the back; because they were driving under the influence, their insurance policy wouldn't cover it.

        • +3

          Unfortunately driving without a full license is a breach of insurance and means they are almost certainly uninsured regardless of if they have a paid for insurance or not.

          The police might fine them but this won’t help you get your car repaired.

          • @DisabledUser349293: The only thing i need confirm that they don't have insurance. even if the police put that in their report that according to the other party the vehicle was uninsured. i can lodge my claim upto 5k

            • @ParamRandhawa: Well, don't discount the fact that the driver could be a full licence holder, but was displaying learner's licence at the time of the accident. I forget to take off P plates when I am driving my daughter's car. Then I have to stop and take them off. I wouldn't be surprised if some don't take is off for short runs to the local shops.

              • @spal: We have their license details with a L on it.
                Thanks

  • +6

    The only thing i need confirm

    i can lodge my claim upto 5k

    So you were the driver then?

    Doesn't sound like 'a friend'.

    • +1

      Lol, he fell out of character there didn't he!

    • Lol

    • -3

      It was my friend. I won't hesitate to put my name if i was involved.

      Thanks

  • -1

    LOL

  • Just being devils advocate…. but do you have your “friend” listed as a driver on your policy? Some TPPD policies don’t cover unnamed drivers, so either you lodge the claim as the driver and commit insurance fraud, or you are ineligible to lodge a claim as your “friend” isn’t covered, and you will then have to take the learner driver to VCAT (whatever your states equivalent is) to reclaim the money.

    • It was his personal car with his name in the insurance. We will wait the next week for any updates from police.

      Thanks

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