Car Accident Not at Fault with an Uninsured Driver Who Was Likely Drunk

Hi everyone, Just another car accident topic
Someone probably drunk hits my car from back, I was very lucky that someone else noticed their abnormal driving behaviour and started recording his driving.
Here is the video its longer but i have cropped it to accident moment

Video: https://linksharing.samsungcloud.com/C8DLOvZEElPN

He stopped we exchanged information. However he never gave me his insurance details.
I called him and hes been playing up to give me the info. I have only 3rd party insurance.

I have contacted my insurer and they said if driver is uninsured they will cover only $5000 and if they are I will get full amount.
at fault Driver said they have insurance with budget direct, they lied i called and budget direct said their policy was cancelled back in May.
The Driver who hit me was a total Junkie, it wasnt his car, it was his mother's car. Also i checked his license fee in NSW was $0 so he is on Centrelink most likely.

my situation is he is uninsured, It was not his car, I called him last time he started swearing at me so no more communications directly. my insurance covers max $5K my car is around $20K. I have 3 witnesses as well.
My car is written off.

should I take the matter to court? get a lawyer? what Can I do?

I know already the benefits of comprehensive insurance so please dont start telling me thats why u should have got comprehensive.

closed Comments

  • -1 vote

    Also i checked his license fee in NSW was $0

    Did you mean rego? No one except those in Service NSW can see how much someone paid for their driver licence.

    • +3 votes

      no his drivers license, when i took a photo from the back of his license it says license fee=$0

    • +2 votes

      My NSW license shows the license fee I paid on the back top right corner. It always has unless it's changed in the last couple of years.

      •  

        So does mine. It hasn't changed in the 16 years I've held a licence. I incorrrectly assumed that OP got rego (where anyone can check your rego online and see whether you got a concession on it or not) and licence mixed up.

      • +5 votes

        The license fee doesn't mean much. My old license said license fee $0 because the RMS replaced it for free when they used the wrong signature on the first one (that I paid for) that they mailed to me.

        • +2 votes

          Same here, got a replacement license with new conditions (no more glasses) and the stated fee is $0

  • +5 votes

    You’ve hit the mother load… good luck

    •  

      Did somebody say TEQUILA!?

  • +2 votes

    I have contacted my insurer and they said if driver is uninsured they will cover only $5000 and if they are I will get full amount.

    This is your answer my dude! Just do this.

    Source: I had to do so a few years ago, repairs came in at about $2k with $0 out of pocket with me, with only 3PP insurance.

    •  

      OP says his car is a write off

      •  

        OP might not be a qualified insurance assessor though. (I haven’t seen video, it won’t work)

      • +4 votes

        Who told him that?

        Edit: OP is a massive liar. Everybody disregard. A millionaire who drives a VE Commodore, rents a house and can't afford 3PP insurance. OK bro.

  •  

    Does the $5,000 cover the damages? else is the car a write off?

    •  

      its write off.

      •  

        Ahh, might want to include that in the post.

        Surely a decent body shop and mechanic could fix it for $5,000 given it's largely rear impact, unless he broke the sub frame?

        Surely the insurance company can go after him for damages.

        But yeah, that's rough.

  •  

    seems like you stop horizontally at the parking place as well, could it be that you took his parking spot thats why he rammed at your car

    • +1 vote

      thats not a problem its safely out of the road, when cops came by they said thats ok. also we didnt leave the car its was a very short stop and we had all lights on.

  •  

    "I have contacted my insurer and they said if driver is uninsured they will cover only $5000 and if they are I will get full amount."

    Huh? Do you not have comprehensive insurance?

    •  

      No, 3rd party only.

      •  

        OK that makes sense then. I have the same since my car got written off to hail damage a couple of years back.

  • +17 votes

    I don’t see why you would have a problem insuring your $20k car for only 3rd party damage.
    Oh, actually, I can see where you might have a bit of a problem.

    •  

      My car was 12k, comp was at least 2k and about 3k in excess if I had an accident. I went TP because it was $500 and $600 excess. I almost bought a 20k car too which was actually illegal for me but the car dealer seemed okay with it. Unfortunately not everyone looks at this stuff before they buy a car.

      •  

        Wow have you got a really bad driving history? Why would it be so high?

  • +9 votes

    20k car on third party is pretty ballsy, good luck OP

      • +13 votes

        End of thread, OP can buy a new car. And then buy comprehensive insurance for it.

      • +19 votes

        To be honest I have good ideas where to invest my money. but i was looking to see if i can find better ideas.

        Invest in comprehensive insurance. What a Muppet.

        • +6 votes

          He may only have 900k left after investing 10% in a Franchise though.

          • +4 votes

            @Luo18740: Probably a lot less if he has been 'investing' in a franchise

      •  

        My GAWD. Glad to call myself slightly poor at least can afford to have comprehensive insurance.

      • +6 votes

        After that, I'm sorry but this tragic thread became ridiculous, maybe even funny… A self-proclaimed millionaire who doesn't want to spend $600/year (more or less, probably less) to have a decent car insurance.

      • +3 votes

        Losing $15k of $1m. 1.5%. Cheap lesson I'd say.

      • +1 vote

        @kerfuffle is creating a kerfuffle.

      •  

        This should end the thread. Nice to see he has more money than brains for under insuring his car.

  • +2 votes

    20K car and only third-party property insurance.

    • +8 votes

      low yield investment

  • +1 vote

    The likely drunk part is irrelevant in this case unless you had the police attend and breathalyse him. Then they at least would have pressed charges for a DUI or whatever it's called, and there would be a paper trail there.

  • +8 votes

    Looks like you're getting $5k for your $20k car. Expensive lesson as to why you should get comprehensive insurance if you don't have a shitbox.

  • +2 votes

    20k car and only 3rd party?

    • +11 votes

      OP doesn't become a millionaire by wasting money on pesky insurance!

      •  

        Lol well spotted. If I was a millionaire I'd definitely drive a 20k car.

  • +2 votes

    If you thought the other driver was drunk or cooked you should have called the cops to the scene.

    • +6 votes

      According to other threads: OP rents a house, has a sh!tbox car (with no insurance) and has $1m in cash at his disposal. Guessing he didn't want the cops looking in his own car.

      •  

        Detective ssquid is on the case.

  • +2 votes

    you'll need to send a letter of demand then take it court if not satisfied with outcome. but if you are correct in your assumptions, you'll be lucky to get anything.

    see how much independent shops say it'll cost to fix. comes in quite a bit cheaper than insurance quotes sometimes. what's the damage?

  • +2 votes

    Take the $5k and scrap the car for whatever you can get for it.

    Up to you if you want to go the legal route - I mean you can't get blood out of a stone so are the costs and heartache worth it?

  • +2 votes

    thats why u should have got comprehensive

    • +2 votes

      But I would've thought it would be the insurances job to pay for your car and then recover the damages from the offending vehicle/person.

      That's if op has comprehensive, which he doesn't. You get what you pay for.

  • +3 votes

    you are a millionaire but can't afford to get comprehensive insurance?

  • +2 votes

    should I take the matter to court? get a lawyer? what Can I do?

    If they are on gov payments like you think, then the best you'll get is a payment plan of like a few dollars a week for the next 20 years ;)

    Ok maybe not 20 years, but you get the idea and thats assuming they bother to pay it.

    I know already the benefits of comprehensive insurance so please dont start telling me thats why u should have got comprehensive.

    all you can do is take the $5k and learn your lesson to get full comp.

  • +10 votes

    I know already the benefits of comprehensive insurance so please dont start telling me thats why u should have got comprehensive.

    I'm going to look past the suggestion you are a millionaire.

    I'm going to look past the decision to go 3rd party on a $20k car whilst having 7 figures in the bank.

    You knew the benefits and therefore the drawbacks of not having comprehensive.

    You accepted those risks when you decided to self-insure.

    Now it is simply a matter of taking ownership of that realised risk.

    • -3 votes

      Yes you are right, i found out that people are generally not helpful here to get any advise. I am not talking about you.

      You are right i self insured my self and to be honest i dont care too much and am glad no one was injured.

      I will take the 5K and get the vehicle to a local repair shop to see if its fixable ill spend the 5K on it.

      Its my first accident in life so i have no experience thats why I am asking here.

      • +5 votes

        The advice you are getting is actually really helpful. Wear the 15k loss, buy comprehensive insurance next time. Move on.

      • +1 vote

        If the insurance company writes it off you can’t ever register it in NSW again. That, and the insurance company will likely keep the wreck.

        https://www.rms.nsw.gov.au/roads/registration/get-nsw-regist...

    •  

      Truer words have never been said.

  • +1 vote

    Get your vehicle repaired and send a letter of demand to the driver. Don't send it to the registered operator nor owner.
    https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis...

  • +5 votes

    Junkie. Getting money from.

    Mate, you know, I know, he knows. It ain't gonna happen.

    Take the $5k, grieve a little, learn a lot and move on. Take the small win - you know early on to not waste time.

  • +1 vote

    The Financial Rights legal centre has a website with advice for different scenarios - e.g. https://mva.financialrights.org.au/dtop/the-other-party-has-...
    and lots of templates - https://mva.financialrights.org.au/sample-letter/

  • +4 votes

    How can someone this stupid have saved up $1M?

      • +3 votes

        If you saved $8k on insurance over the years, and invested that to receive $80k, then chalk your $15k loss to a $65k win.

      • +7 votes

        $8K x 11 = $88K… Where did the other $912K come from?

        • +3 votes

          Maybe they are not a millionaire, a zero short. They are a hundredthousandaire.

        • +1 vote

          Smart enough to invest $8k, get a return of x10 on that investment and then come up with a figure in the millions… I need a new accountant…

          I WaS sMaRt…

  • +3 votes

    Hey OP - sorry you had to learn this insurance lesson. One more thing that I don't think anyone has mentioned with the 3rd party insurance. If your insurance company has deemed it a write off they in most cases only give you the $5000. They keep the vehicle in most scenarios to get whatever salvage price they can for it. I know this is true for comprehensive but I am pretty sure it would work the same way with 3rd party.

    For this reason it can be well worth getting an independent quote as if you can get a repairer to fix it at a reasonable price you may be able to go back to them and prove you can get it fixed under $5k etc or negotiate to keep the wreck of the vehicle as well as get some form of payout from them ( probably $5k less what they think the scrap is worth)

    •  

      thanks

    •  

      Your comment must be the only one here so far who isn't criticising the OP and implicitly giving the junkie a free pass lol
      Whole community has values in the wrong place

      • +1 vote

        Free pass? What exactly do you expect to get out of them except maybe a good place to score a little somethin somethin?

      •  

        Free pass? Who do you think the insurance company is going to chase for their money?

  •  

    Note re above *true for most comp insurance. Some policies specifically spell out that you have the right to salvage of the vehicle but most of these are special vehicle type insurance for enthusiast's like Shannons

  • +4 votes

    I have only 3rd party insurance.

    there's the problem right there…

    •  

      how original..
      how helpful…

  • +4 votes

    When you're a millionaire and don't bother to purchase Full Comp Policy, then seek free advice on a bargain forum……

    • +5 votes

      Fixed your comment :D

      When you claim you're a millionaire and don't bother to purchase Full Comp Policy, then seek free advice on a bargain forum……

  • -1 vote

    Take the $5k. Get the write off car and see if you can get it fixed. But remember you probably will have low resale value as it would be marked a statutory write off. Not sure if getting insurance would be easy on a written off vehicle.

    • +2 votes

      If he’s in NSW pretty sure it can’t be reregistered if it’s been written off.

  •  

    someone upload the vid to streamable please

  •  

    The only thing you can really do is get a lawyer. It's possible a legal latter will get them to pay or at least start a useful dialogue.
    If you have to go to court and get a judgement against them, it may be very challenging to enforce, you might be able garnish their payments but I'm no expert on that.

  •  

    Can someone re-upload the video?

  • +1 vote

    bikies

    •  

      You can get a Bike with $5k.

  • +2 votes

    In before comments closed 😂 holy hell what a train wreck

    • +1 vote

      A train got wrecked as well as OP's car?
      I'll get my coat

      • +2 votes

        Well, OP can afford both!

  •  

    Sounds like you’re stuffed. If the other driver is a deadbeat as you say, the chances of getting anything out of them is basically zero.

    Driving around a $20,000 car with a maximum of $5k of coverage (even then only if someone hits you!) is just foolish. Proper coverage just isn’t that expensive.

    • +1 vote

      How dare you judge OP foolish
      He clearly said this on above comment

      "Because i was smart enough to invest the $8K i saved and make 10 times more from that"

      He is still $68.000 ahead by not having comprehensive insurance!

  •  

    You're out of luck, friend.

    By opting for 3rd party, you've decided that your car isn't worth repairing.

    You can issue a statement of claim upon the 3rd party (although I would issue on both him and the owner of the car), but if he's got nothing, it'll be a waste of time getting a judgement.

    This type of thing comes up again and again on these forums; the fact remains that comprehensive with a reputable insurer (not budget insurers or NRMA, etc.) is well worth it unless your car is a piece of junk.

    Insurance is essentially just shifting risk from your balance sheet to the insurers balance sheet.

    Save yourself the time, learn a lesson and move on.

  •  

    I'm a 27yo millionaire, AMA

    nek minnit…

    comprehensive insurance is too much.

    You have more than enough money to A: lawyer up, B: write it off as a life experience ($15k is 1.5% of $1M), C: pay for comprehensive insurance on your next vehicle.

  •  

    Invest the 5k and make 10x more to add another 6million to your portfolio

    maths✔️
  • Thread closed by OP's request