Guy Hits My Car, Exchanged Details but He Now Refuses to Talk

Lbuggy86 on 20/10/2020 - 11:57
Last edited 21/10/2020 - 14:05

Hi guys, I'm just a bit shaken and I'm in need of a little bit of advice currently and wondering what are my options here, someone hit my car when I was exiting out from the parking lot (he was speeding and weaved inbetween two cars in-front of me) and I took pictures, grabbed a witness and exchanged details.

My car is old and insured only for third party damage, as such my insurance said you need to contact their insurer and I was planning for him to submit a claim that I can piggy back off to get the car fixed. He gave me a claim number but when I contacted his insurer they said they are not able to help me as it was a report only claim (whatever that is), i'm trying to get hold of the offender now but he is non-responsive now.

I only wanted only to get my car fixed asap so I can have transportation what are my options here…

Police?

Lawyers?

Hassle his insurer?

UPDATE 21/10

So I've gotten in touch with him again with quotes expressed a-bit of empathy about his situation, (guy's a student trying to make ends meet as well) and currently he's in arrangement with his insurer for repayments for his excess, I'm going to contact his insurer again later and try and get an update on where's it at.

Automotive Car Insurance Insurance

Comments

  • bobbified on 20/10/2020 - 12:03
    +9

    My car is old and insured only for third party damage,

    Check your policy - most of the Third Party Property Damage Cover policies cover a certain amount ($3k-$5k depending on your insurer) if you can provide them with the details of the party at fault and they're not insured.

    If they are insured, then issue them a letter of demand and that should hopefully prompt them to lodge a claim with their own insurer.

    This is the downside of Third Party Property Damage Cover that noone thinks about until they are in this situation and realise they now have to handle their own claim.

    • buggy86 on 20/10/2020 - 12:14
      +1

      Thanks man will review my policy shortly

    • buggy86 on 20/10/2020 - 13:03

      Update: I reviewed the policy again, seems like the only cover if the offender is uninsured.

      Dammit there is sure alot of hooks in this.

      • bobbified on 20/10/2020 - 13:40
        +4

        …seems like the only cover if the offender is uninsured.

        Yes, that's correct, as per my original post. Are you sure they have Comprehensive or Third Party Property Damage insurance? If you are not sure, then submit or enquire about submitting a claim with your insurer. They will tell you whether you're eligible to claim via that method, depending on whether the other party has cover or not.

        If they do have insurance, then you need to send them a Letter of Demand.
        The normal process for the other party is to, upon receipt, take your Letter of Demand to their insurer and submit a claim. However, if they don't respond to that or subsequent letters, then you will have to commence legal proceedings.

        With your independant witness to verfiy what's happened, you're likely to get your car fixed without having to dig into your own pockets, but this could drag on for a while if the other party wants to be a dick,

    • HeWhoKnows on 21/10/2020 - 09:53

      Please get your facts right and stop misleading poor OP!

      Third Party Property is just that bobbified
      You cannot claim on damages to your own car.

      As OP pointed out he has already contacted his insurer.

      The rest of your suggestion is spot on though.
      Suggest OP reports the matter to thge police just for the record.
      OP could ask them to investigate and issue a fine considering the circumstances.

      • bobbified on 21/10/2020 - 10:17
        +6

        Please get your facts right and stop misleading poor OP!
        Third Party Property is just that bobbified
        You cannot claim on damages to your own car.

        You might actually want to check the Third Party Property damage policies. The "feature" has been around as part of Third Party Property policies for a while, but it wasn't always there. Most policies cover around $3-5000 if your car is damaged by an uninsured driver and you can provide the insurer with the name, address and registration details of the other vehicle.

        For example:
        NRMA, under the "What's Included" section, it says:
        Accidents caused by uninsured We cover damage to your car if an uninsured driver causes an accident (up to $5,000)*.

        At this stage, it sounds like other party has told OP that they have insurance. It may not necessarily be true and that could be the reason they're making themselves scarce. In this case, it'll probably work out better for OP if the other driver is actually uninsured.

  • Slippery Fish on 20/10/2020 - 12:05
    +4

    Speak to the insurer again and tell them you are claiming against their customer maybe?

    • buggy86 on 20/10/2020 - 12:15

      yup thanks

    • JPLengineer on 20/10/2020 - 12:29
      +1

      Why would the other party's insurer let you make the claim on their behalf?

      https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis….

      • Slippery Fish on 20/10/2020 - 12:36

        No idea I just said what I'd do

        • thatonethere on 20/10/2020 - 13:25

          Insurance companies make money by not paying out if they can get away with it, so that is what they will do.

          • Slippery Fish on 20/10/2020 - 16:53
            +1

            @thatonethere: I always drive like other people are (profanity) in the head, never had a crash lol

      • Altitud on 21/10/2020 - 01:01
        +1

        You can make a claim through someone else's insurance company. My mate's family did it recently. They need to tell you who they are insured with, after which you can open a claim.

        • Euphemistic on 21/10/2020 - 08:44
          +2

          How did they do that? Assume the other party would need to pay some sort of excess, but what if they refuse? The other party would need to consent ie make a claim and approve you to contact their insurers.

          • Altitud on 22/10/2020 - 20:48

            @Euphemistic: They had enough evidence and a witness and thus made a claim through the at fault party's insurance company.

            They had their own insurance company as well but did it through theirs so as not to potentially inflate premiums.

            • Euphemistic on 22/10/2020 - 22:23
              +1

              @Altitud: But I’ll bet they had to get the other guy to start the process.

        • Ughhh on 23/10/2020 - 18:37
          +1

          They need to tell you who they are insured with, after which you can open a claim.

          In another words, the party must have initiated a claim with their insurer first. You can't just claim on someone else's insurance without their client choosing to be represented by them.

    • Ughhh on 20/10/2020 - 16:36

      The other parties insurer will only act if instructed by their customer.

  • p1 ama on 20/10/2020 - 12:12
    +3

    1) Speak with his insurer again. If no dice, then get your damage appraised and send him a letter of demand.

    2) You can report it to the cops, but given that he gave you his details, there's not much they will do as it's not a hit-run.

    3) Failing that, apply to have your matter heard at VCAT or equivalent in your state. Given you have all the evidence, this looks cut and dry.

    • buggy86 on 20/10/2020 - 12:13

      Thanks man will do so

    • apsilon on 20/10/2020 - 12:19
      +3

      You can report it to the cops, but given that he gave you his details, there's not much they will do as it's not a hit-run.

      You should always report it IMO. At the very least it's recorded and you have a report number to pass to the insurer etc. You can do it over the police assistance line (at least in NSW) so no need to go a station etc.

      • Tee Rex Arms on 20/10/2020 - 12:26
        +3

        Depends if it meets the damage threshold. No injuries. Exchanged particulars. Police will deem it a non-reportable traffic crash and rightly so.

        • buggy86 on 20/10/2020 - 12:46

          I tried calling the cops at that time and they said because we exchanged details we should be able to settle it, but if he is non responsive now can the police step in and help or it is still deemed a civil matter…

          • Tee Rex Arms on 20/10/2020 - 15:13
            +2

            @buggy86: Civil matter.

          • p1 ama on 20/10/2020 - 15:37

            @buggy86: It's a civil matter unless he broke other laws (e.g. speeding) which led to the crash, but that has nothing to do with your plight anyway.

        • apsilon on 20/10/2020 - 16:22
          -1

          I think you're mistaking police attending the scene vs reporting it over the phone. I've never had any trouble reporting an accident via the PAL no matter how minor. If both cars are driveable, there's no injury and you don't believe they could be under the influence, don't refuse to exchange details etc then they won't attend the scene but I don't believe there's any criteria for a report over the phone.

          • p1 ama on 20/10/2020 - 17:47

            @apsilon: You can report it and they might take your details, but there's nothing practical they can actually help you with in terms of pursuing the other driver for civil damages.

            • apsilon on 20/10/2020 - 18:12
              -1

              @p1 ama: The idea is you have an official record of events that you can pass to your insurer. Especially if the other party comes to you a year later. Are you really going to remember every small detail? Police aren't interested in civil damages as you say.

  • tsunamisurfer on 20/10/2020 - 12:27
    +1

    OP he is following the playbook by making it hard for you to chase him,

    You have to work out how much the damages are and whether it is worth chasing him through the small claims court.

    • buggy86 on 20/10/2020 - 12:45

      Hey man, thanks for that insight, in this case can I recoup my worth and time in small claims court if it comes to that? Not a legal expert but that's what my line of thought is.

    • AustriaBargain on 20/10/2020 - 13:11
      +1

      I guess a large percentage of people would just give up at this point. So if there's a 22% chance that ghosting someone for a week will save you money/lower your premiums, then I guess in his eyes it's worth a shot. Sometimes to cover up a crime all you need to do is completely ignore the person you have wronged.

  • TheMindsetTraveller on 20/10/2020 - 13:41

    Correct me if I am wrong but sounds like the OP has only compulsory third party (personal injury) and not third party property insuance. If the OP had the latter the insurance company should/would cover the damage to their own car and puruse the other party (directly or via insurance).

    If the OP has third party property damage - name and shame the non-helpful insurer.

    • cassea on 20/10/2020 - 14:53
      +3

      No, what you’re describing is comprehensive insurance.

      Third party (property) insurance is to cover the other party’s property when the policy holder is at fault.
      It also commonly includes a small amount ($3000-$5000) for a not at fault accident if the other party is uninsured.

      • TheMindsetTraveller on 20/10/2020 - 16:01
        +1

        Yes you are totally correct.

        Excuse my inaccuracy.

  • toniyellow on 20/10/2020 - 13:50
    +2

    https://mva.financialrights.org.au/dtop/im-not-insured/
    has a guide of your options in various scenarios

    And a template for a letter of demand, which in many scenarios would be your next step
    https://mva.financialrights.org.au/sample-letter/

    • buggy86 on 20/10/2020 - 15:09

      thanks mate

  • brendanm on 20/10/2020 - 14:32
    +2

    Get quotes, send him a letter of demand. He will either make a claim on his insurance, or ignore it. If he ignores it, you take it to xcat/small claims.

    What car do you have, what is the damage?

    • buggy86 on 20/10/2020 - 15:09

      Hey man yeah i guess next steps for me is to get quotes.

      The damage is front bumper smashed, left fog light, left light cage and lower light gone, bonet is crimped, not sure about internal damage yet. its a 2003 subaru btw.

      • brendanm on 20/10/2020 - 15:32

        Ah, was hoping it might just be a bumper and reo, and a nice easy repair. Hopefully the letter of demand gets his ass into gear.

  • crashloaded on 20/10/2020 - 14:37
    +2

    If it's worthwhile pursuing just lodge VCAT or whatever, though you won't recoup any money for your time. If he's already ignoring you he'll probably laugh at a letter of demand.

  • Legoncy on 20/10/2020 - 20:07
    +4

    Hi Mate
    Where abouts are you located?
    We’re based in SE Melbourne if you need any help - usually in these cases we(panel shop) can give a quote which is provided to the at fault or we can then pass it on to solicitors which will seek the funds on behalf.

    All the best - most panel beaters will have access to this etc

    • buggy86 on 20/10/2020 - 23:06

      Actually in Sydney, I would defo take your offer but its bit far for me thanks though!

      • Euphemistic on 21/10/2020 - 08:46
        +2

        No to mention it would take 2 weeks to get back home.

  • Bob Svargis on 21/10/2020 - 07:21
    -2

    It has happened to me before. Go straight to the Police. Well, I can only talk from my own experience and that worked for me.

    • drewbytes on 21/10/2020 - 08:15
      -1

      It has nothing to do with police, they have exchanged details. It's a civil matter between the two.

  • snooksy on 21/10/2020 - 09:04
    +1

    Hi he/she has filed a notice that there was an accident but has not filed an actual claim to repair your car. He/She may not be wanting to claim it through his insurance. I don't think the police can do anything as he stopped and gave you his details. You will probably have to get your car fixed and then submit the bill to him.

    Get two quotes as documentation. Have you got his address? Send him a letter of demand for the costs to repair the car along with the quotes. He can then decide to make a claim with his insurer or pay for the repairs him/her self. If he doesn't pay then you have to take him to VCAT. As other's have said it's a civil matter and you don't have comprehensive insurance. You are only covered for damage to other Cars, not your vehicle. Therefore you are kind of on your own. However as long as you keep documentation and evidence you will eventually get your money back. If he/she is some low life without a job then he might have to pay you back in instalments. In the meantime get some quotes, send him to him/her and the proceed to get your car fixed regardless of whether you hear back from them.

  • kiitos on 21/10/2020 - 09:19

    Are you sure the contact details are correct? Do you have license details?

  • OzHunterNSW on 21/10/2020 - 13:26
    -2

    You should have reported him to police. Now what have you got. Fake ID, and false numberplates. You did get his details, didn't you.

    • DazMon on 21/10/2020 - 20:28
      +1

      Can you be a bit more helpful?

  • TransportPosters on 21/10/2020 - 22:51
    +1

    I was in a similar situation with a driver who knocked me from behind and we exchanged details - she seemed nice enough in the moment. But on the phone she refused to cooperate because her car had very little damage and didn't see the need for it, but she had visibly scuffed mine.

    I went to a nearby repair place and explained, and the boss had his secretary call her in a very firm voice and explain how my car has damage which they will be repairing and she can either have her insurance take care of it or they can send her an invoice for the repairs, and she needs to make a decision. They probably made heaps of calls like this all week and knew how most things play out. She decided on insurance and I didn't have to do anything else except leave my car with them and pick it up all fixed up like new a week later.

    • buggy86 on 22/10/2020 - 12:48

      Sorry for your predicament before mate

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