3rd Party Accident and Process

whatthecrappin on 20/04/2021 - 11:28
Last edited 20/04/2021 - 13:27

yet another accident insurance query :)
And yes I have full comp, but as the "accident" didnt involve my car (long story but the kid did it) its not covered

I smell a scam, but its irrelevant. Ive been getting sms about costs to repair and how much additional it will cost if I dont pony up. 2nd sms said its fixed (which is just not possible in a day). the issue I have is, the other guy is 3rd party only, has NOT provided any formal quotes and is just pulling numbers out of the air

Is it still the process that they need to provide 3 formal quotes?

edit : for clarity - no car of mine was involved. my kid is a child and under age (under 18) and was not driving

Automotive Car Insurance Insurance

Comments

  • avoidfullprice on 20/04/2021 - 11:36
    +3

    but as the "accident" didnt involve my car (long story but the kid did it) its not covered

    Whose car is it anyway?

    Is it still the process that they need to provide 3 formal quotes?

    Who are they?

    • jimbobaus on 20/04/2021 - 11:47
      +1

      The way i interpret this is :
      The OP's kid had an accident in the kid's car which is not covered by OP's full comp insurance on their own car

      i could be wrong though….

      • avoidfullprice on 20/04/2021 - 11:53

        So OP's kid is at fault in not OPs car and damaged the victim's car. The victim is sending OP repair quotes. OP is expecting the victim to send him three quotes like insurance company? Is that the question?

        • jimbobaus on 20/04/2021 - 11:54
          +1

          I think so.

          • avoidfullprice on 20/04/2021 - 11:54

            @jimbobaus: Gosh.

            In that case, no.

            The fact that the victim's car has 3rd party property damage only cover is irrelevant as they are not at fault. They don't have to invoke their insurer unless the at fault driver doesn't pay up.

            OP's kid 3rd party property damage insurer, if any, would deal with that. They may query the repair cost if sound unreasonable. But this is not the story, yeah?

            And that's not CTP we are talking about, yeah? We are taking about 3rd part property damage cover I assume

            • whatthecrappin on 20/04/2021 - 13:32

              @avoidfullprice: just for clarity, I called insurance, but since my car (or any other car in fact) was involved, there is no insurance from my side that will cover it

              disclaimer - I'm not admitting liability BTW, its super sus what the other party is doing

  • pharkurnell on 20/04/2021 - 11:36

    Reported to the cops? I'd be starting there, and then sending the police report # to said scammer

  • elgrande on 20/04/2021 - 11:38

    Please, this one sounds interesting, we need the deets.

    • DashCam AKA Rolts on 20/04/2021 - 12:29
      +4

      Pulling up chair and getting the popcorn ready. I foresee a slow feed of details from OP and a long thread developing here.

    • SF3 on 20/04/2021 - 12:52
      +1

      Yes sound cagey at this point. 🍿 ready.

    • whatthecrappin on 20/04/2021 - 13:34

      seriously - I want to provide details. lets just say I dont think its possible for the claimed damage to have occured. Will circle back once this is sorted and you'll understand why I'm witholding some details :)

      • elgrande on 20/04/2021 - 14:42

        I get it.. the other party only has 3rd party insurance which increases their chances of being an OzBargain forum regular by 500%..

        • SF3 on 20/04/2021 - 16:34

          by 500%..

          ∞

  • jv on 20/04/2021 - 11:38
    +10

    Huh ?

  • holdenmg on 20/04/2021 - 11:39
    +2

    I'd want a MS Paint work-up of the accident scene not showing your car that wasn't involved before commenting.

    • battler on 20/04/2021 - 11:46
      +1

      yep, and some google street view as background to the mspaint-work.

      • DashCam AKA Rolts on 20/04/2021 - 12:29
        +1

        Don't forget the dashcam footage.

        • battler on 20/04/2021 - 12:44

          nah, i makes the scenario too clear and the post too short. Better to leave it vague/ambiguous.

  • Muzeeb on 20/04/2021 - 11:53
    +3

    I tried to Google translate the op into English but it just came up with a syntax error

  • JimmyF on 20/04/2021 - 11:53
    +3

    And yes I have full comp, but as the "accident" didnt involve my car

    Ok then, nothing to do with you.

    but the kid did it

    Was this in the kids car that has 3rd party?

    If they are at fault, you call your 3rd party insurance company and put in a claim. Give them all the details

    Is it still the process that they need to provide 3 formal quotes?

    Can be whatever you want it to be. If it was $200 to repair, why bother with 3 quotes and just 'fix it' on the spot.

    If it was $20k to repair, then yes more quotes are needed.

    How much are they asking for?

    • whatthecrappin on 20/04/2021 - 13:21

      2nd sms just over a grand. Thing is I dont think its possible to have even happened. lets just leave there as I'll have to engage a solicitor. once sorted - I'll circle back and provide what happened!

      first sms over 2 grand and I pay their excess

      • JimmyF on 20/04/2021 - 14:07

        Did your kid at least remember to take photos of the damage?

        just over a grand. Thing is I dont think its possible to have even happened

        Put it this way, your kids excess will most likely be more than a $1k. So make them a offer of $750 cash now to end the matter. Draft up a document to have them sign, with a 3rd party witness. This document advises they have been paid in full for all and any damages/repairs relating to the crash etc, no future claims can be made relating to this issue once payment has been received.

        Once they sign it, pay them, pref by bank transfer so you have a record. Include these details on the letter above.

        Tell the kid to drive better and to pay you back the $750.

        Move on.

        Otherwise lodge a claim with your insurance, send the claim details to the other party and they can deal with your insurance company etc.

      • kiitos on 21/04/2021 - 07:24

        Huh? They wanted you to pay 2000 for the damages and pay their excess? But they have TPP so there's no claim to be made on their side to their insurer and hence no excess?

  • Tleyx on 20/04/2021 - 11:54

    They don't need three quotes, but if it goes to court and it appears unreasonably high the judge might just knock a lot off the other party.

    You should expect at least one quote though as sms is not enough

    I don't think it's necessarily a scam more that people don't know the proper process.

    Maybe call him and say you want at least two quotes and find out what damage they are alledging. Don't admit liability, but you can ask the allegations without admitting liability

  • toniyellow on 20/04/2021 - 11:55
    +1

    The not at fault party or their insurer does NOT have to:
    get more than one quote
    allow you access to their car to perform your own inspections or get your own quotes
    wait for your approval before their customer’s car can be repaired
    contact you within so many days or months of the accident, or keep you informed.

    https://mva.financialrights.org.au/dtop/i-dont-agree-with-th…

    • whatthecrappin on 20/04/2021 - 13:19

      wow, that is soooo open to abuse. thanks for the link….I think?

      The not at fault party or their insurer does NOT have to:

      get more than one quote
      allow you access to their car to perform your own inspections or get your own quotes
      wait for your approval before their customer’s car can be repaired
      contact you within so many days or months of the accident, or keep you informed.

    • whatthecrappin on 09/05/2021 - 11:50

      6 years to contact me……
      well I'm still waiting for the quote, but 6 years sure is a long time

  • holdenmg on 20/04/2021 - 11:55

    Plot twist if OP doesn't have a kid.

  • pharkurnell on 20/04/2021 - 12:02
    +1

    Must be fake
    Member Since
    23/09/2011

    Not a member since 10 minutes ago.

    • holdenmg on 20/04/2021 - 12:06

      Unlucky as well…
      Car Accident - Other Driver Uninsured - International Licence Holder
      https://www.ozbargain.com.au/node/300185

      • whatthecrappin on 20/04/2021 - 13:18
        +2

        yeah - that one was interesting! full comp insurance took care of it all. I got a call weeks later after repair - why didnt you let us pay for it? Im a panel beater and could have done it cheaper…..

        yeah righto - sorry mate, I only deal with insurance, thats why I have it

  • tsunamisurfer on 20/04/2021 - 12:11
    -1

    And yes I have full comp

    Why would you type this if it had nothing to do with your car? Just noise.

    but as the "accident" didnt involve my car (long story but the kid did it) its not covered

    Do we surmise this is your kid crashing their car or yours but your insurance doesn't cover young drivers not listed as a regular driver?

    • whatthecrappin on 20/04/2021 - 13:36

      Ive edited above for clarity. no other car involved

      I put in that I was insured with full comp as thats always the 1st question in these threads!

      BTW - appears you cant actually get insurance for these types of accidents!

      • Quantumcat on 20/04/2021 - 14:51

        Insurance on your car has nothing to do with anything if it isn't your car involved. Why even mention it

  • brendanm on 20/04/2021 - 13:07
    +1

    Username sure checks out.

  • whatthecrappin on 20/04/2021 - 13:13

    sorry looks like you guys need a little more detail

    my kid is a young high school teen - he wasnt driving or anything like that. As this may go further I didnt want to put too much info freely available here (yes, small risk, but a risk is a risk)

    Lets just say my child has been accused of damaging a car, I havent received any formal quotes just SMS demanding funds be transferred.
    Yes I have been to the police and showed them the texts and they agree it doesnt sound "right", but obviously not much they can do
    Yes, I have photo's but its dubious its even physically possible to cause this type of damage

    Anyway - my question is
    1. does the other driver need to provide 3 quotes?
    2. Given my child is underage (under 18), he recently started a job, if push comes to shove can my childs wages be "garnished" or is the expectation that the parent pays (again for the record - NOT admitting liability, this is just a query)

    • whatthecrappin on 20/04/2021 - 13:16

      just saw the response above - only 1 quote required. surprised with that actually. not that I actually recieved a quote. just an sms that it somehow got fixed in 2 days (including paint) and this is the amount

      • spedohero on 20/04/2021 - 13:23

        So is the accusation accurate or not? If yes then unfortunately you or your kid has to pay for it? If amount sounds wrong ask for break down of invoice or ask for discount or ask them to sue you if you think the accusation is inaccurate.

        • whatthecrappin on 20/04/2021 - 13:54

          its not accurate. the sender keeps using the term - my client. anyone in my books using that term is either a scammer, or actually knows what they're doing and is legit…..I guess you've worked out which camp I think they fall in

      • newjerseydamo on 20/04/2021 - 13:36
        +1

        So if your kid wasn't involved in any accident and wasn't driving any car, how did they get the details to send a text message?

        Why ask about number of quotes needed if no car of yours was damaged? It makes it sound like something did happen and you're going to pay something.
        Something doesn't smell right.

        In regards to garnishing, for that to occur involves going to court to get it done.
        The only company/organisation who doesn't need to go to court to garnish is the ATO.
        The person can go to small claims court in an attempt to recover funds.

        • whatthecrappin on 20/04/2021 - 13:52

          My child was involved, it just didnt involve a 2nd car
          I got the call, drove to the scene and provided details - with excplicit instructions for his insurance to call mine

          quote is for his car

          • CMH on 20/04/2021 - 15:21
            +2

            @whatthecrappin: Until you get a formal letter of demand just ignore everything else.

      • Ughhh on 20/04/2021 - 13:48

        first sms over 2 grand and I pay their excess

        If you pay $2k and their excess, they're basically double dipping- getting their insurance to repair their car via paying excess, then getting another $2k cash from you.

        Get a formal quote from a repair shop, he might as well claim $1M for damages through sms. If you accept you are responsible, make sure upon payment, you get them to sign a waiver to state that the matter is settled and they can not further pursue you.

        • MrHyde on 20/04/2021 - 14:15
          +1

          If you pay for their excess; their insurance company will still come after you for the full cost of the damages - I would think. The insurance company does need to recover the costs from somewhere.

          I would think if he is making a claim; then their insurance company is the only party you should deal with.

    • avoidfullprice on 20/04/2021 - 13:57
      +1

      If you're not admitting liability, then next course of action is court. The verdict will resolve your second question.

      Get a copy of the invoice. You've past the point of getting three quotes if they said it is fixed.

    • barge-in hunter on 21/04/2021 - 10:00
      +1

      Ok cool - thanks for the extra info.

      This happened to me (but we were the owners of the car).

      The kid's parents put it through their home and conte ts insurance policy because that includes public liability coverage for you and your dependants. It covered them even though the incident was not at their home.

      We provided a quote for repair to their insurance company, and they settled in cash for that value.

      Double check your home insurance to see if it includes personal liability and if so, just let them sort it out.

  • spedohero on 20/04/2021 - 13:21
    +1

    Get rid of the kid. Kick the kid out of your house. Problem solved.

  • Randxyz123 on 20/04/2021 - 13:54
    +1

    Is it still the process that they need to provide 3 formal quotes?

    This has never been the process.

    Ask for proof that your child was involved, and a formal quote on company letter head.

    Otherwise block the number. How did they get your contact details?

  • Euphemistic on 20/04/2021 - 14:01
    +6

    This would have gone so much smoother with some more info up front.

    It’s not hard to say ‘my kid accidentally/deliberately damaged another car and admits/denies responsibility’ you could even add ‘as a pedestrian/cyclist/skater’ to make it easier to understand. Then we’ll get a better picture.

    Don’t pay unless there is a formal quote or repair invoice. Otherwise they could just be making up numbers (which sounds likely).

  • dasher86 on 20/04/2021 - 14:15
    +1

    if your kid did damage to the car pony up the money.
    if you're dubious about what they are charging you get the invoice.
    if you don't think the kid the damage that's another story but you should have denied liability at the scene and not given the contact details.
    you're not entitled to more than one quote… also they can choose their repairer.

    if you're not happy with what they paid tell them to take you to xcat.

    Sounds like you partially accepted liability got a whiff of how much it would cost to fix and went hell no at the cost.

    what type of damage was it OP?
    and how much are they asking for the repair?

    If you think you are being scammed wait for a formal letter of demand.

    at the moment with-holding information and posting on the forum is like going to the cops knowing the description of the perp and not telling them the details….

    • avoidfullprice on 20/04/2021 - 14:46
      +2

      at the moment with-holding information and posting on the forum is like going to the cops knowing the description of the perp and not telling them the details….

      Is like watching an episode of shark tank and the presenter simply said "I've got a good idea, but can't tell you the details. Patent pending so trust me. Looking for 1mil in exchange for 5% of company"

    • whatthecrappin on 20/04/2021 - 15:07

      when I arrived at the scene I didnt admit liability - I simply said its not physically possible - get your insurance to contact mine

      I guess you guys have bled the info out of me :P

      Damage was from a soft soccer ball (yes I have videos at the time of how much it could be compressed - it was not rock hard), location of the impact is dubious. My kid and the others are all saying it was much higher up. But there is a crease right on the rear section of the car near the door line. It would have required a massive hit from the ball, yes I did go on the other side of the car to demonstrate that no way the ball could do this. picture taken of the distance from where it was kicked (5 car spaces away). For all I know the damage is old (its not rusted though)

  • Quantumcat on 20/04/2021 - 14:55
    +2

    This is so confusing.

    OP can you not just say what happened?

    I am guessing something like your kid was playing with a basketball and it hit another car's windscreen?

    Whatever you do don't just give the guy money, have the insurance contact you so you don't end up paying twice.

  • whatthecrappin on 20/04/2021 - 15:12
    -1

    sorry mate, I kept it brief and then provided more. I guess that backfired

    Looks like he doesnt have full comp insurance, for all I know his scam is to park his car where kids are playing and to wait for inevitable.

    Lesson for us all there I think

    • avoidfullprice on 20/04/2021 - 15:35
      +1

      It is to do with relevancy of your story. Can be brief like "hey guys, a guy accused my family of damaging their car with a soccer ball. They didn't send us multiple quotes, instead just SMS me the repair amount plus insurance excess. Shouldn't he give me three quotes instead and shouldn't the insurer contact me directly?"

      But instead you post things like:
      * I have comp insurance on my car that wasn't involved
      * My underage kid was involved
      * Law of physics suggest can't be my kid
      * They only have 3rd party property damage insurance
      * Will my underage kid need to pay this guy out of his wage
      * Oh we have not admit liability

      We feel your frustrations and we try to help. But instead of asking does he need to give three quotes, you go oh mate this is a scam (not relevant) but definitely a set up. Seriously bro! What are we discussing?

      • whatthecrappin on 20/04/2021 - 15:53

        yeah I didnt want to go into the full story. All I was after - guy only has 3rd party insurance (hence why insurance isnt involved), does he need to provide 3 quotes.

        Bottom line is, I'll be going to solicitors, I just wanted to weigh up how legit the whole process was that he is putting me through - ie number of formal quotes. Its quite clear an sms asking for money isnt correct

        Like I said above, the first question here is typically do you have insurance, I just confused the story by saying yes, but my car isnt involved. probably would have been best to just spill out the whole story in hindsight!

  • brendanm on 20/04/2021 - 15:19
    +3

    You are making this far harder than it needs to be for everyone.

    Did your kid cause damage to this vehicle?

    If no - call the person accusing you and tell them to leave you alone, and report this to the police.

    If yes - They do not need to run around asking for a million quotes.

    If yes to above, was the damage malicious, or an accident?

    If malicious - get your kid to pay whatever they ask, and be happy they haven't contacted the police.

    If accidental - get your kid to pay what they are asking if it is reasonable for the damage caused.

    • whatthecrappin on 20/04/2021 - 15:54

      not admiting liability - do they garnish the kids wages now that he's working (note he's still a minor)

      one for the solicitors to confirm, but I'm just wondering………………

      • newjerseydamo on 21/04/2021 - 06:28

        You obviously didn't read what I said about garnishing.
        No they don't. They have to go to court to get that done and it's highly unlikely.

        Also, as your car wasn't involved in the accident, you can't claim it under your insurance.

        If the person wants to chase you for the damages, they'll have to take you to small claims court, i.e. VCAT or the equivalent in your state.

  • TheMindsetTraveller on 20/04/2021 - 15:21
    +2

    I could not understand the original story :D

    • holdenmg on 20/04/2021 - 15:25

      You and me both.

      I wish I'd picked "Digger the Dog" to learn English instead of this thread.

  • pcs1810 on 21/04/2021 - 09:24
    +2

    If :
    1) The damage was caused by an unintentional act (not not involving the at fault party using a vehicle) &
    2) You or the child could be resonably held legally liable for the damage sustained &
    3) The at fault person or the family he resides with has CONTENTS insurance through any insurer

    Lodge a claim with your Household Insurer. This will be dealt with under the Legal Liability section of the policy. Pay your Household Contents excess, pass everything on to your insurer - let them handle it in entirety.

    Not sure who your insurer is but most will have cover similar to NRMA and the policy is designed to provide cover for events such as this.

    NRMA wording states : Cover includes………..Your liability away from your home. We cover legal liability in some situations if you injure someone or damage property away from your home (up to $20m).

  • whatthecrappin on 21/04/2021 - 09:34

    Im AAMI for both home and car. Unfortunately I only called the car insurance line and they said its not applicable. I'll have to check the home one now - I never thought of going that route (and the car insurance rep I spoke to didnt mention that as a possible avenue either) thanks for that!

  • 167448 on 21/04/2021 - 12:15

    Jesus weeps….. next time OP just be upfront with the full picture…. like someone mentioned, you could replace the ball with a rugby ball… when you don't give full details, it makes it harder for the Community to opine correctly for you and you'll be the one getting conflicting information and all.

    Not going to add anymore, but if the kid can kick a ball from 5 car length away and still can cause a damage "that significant" to a car door….. EITHER (1) it's a shite car OR (2) get your kid into the Football Academy, i foresee a future signing with Barsa or ManCity or any top flight clubs he wants to sign with!

    • whatthecrappin on 21/04/2021 - 12:51

      yeah point taken, but to be fair, I just wanted to know if a 3rd party insurance only incident, requires 3 quotes. I didnt want to get into details of who is at fault and stuff as I felt it was irrelevant, but it sure makes a great story hey?

      And you're right if you saw the crease, its just not possible with a 3/4 inflated kids ball. Heck, I pushed the ball against the other side of the car and there was no flex.

      • Euphemistic on 21/04/2021 - 15:24

        A ball at speed is a lot different to pushing a ball against a panel, inflated or not. Also depends on the direction it hit the panel.

        Sometimes you push hard on a panel and nothing happens, sometimes you barely touch it and it pops in - and may leave a crease.

        • whatthecrappin on 21/04/2021 - 18:10

          yeah I get that, but the crease was right on the lip of where the rear section of the car and the door is. there was no flex on the other side when I tested it, plus it would have to travel like a cannonball to actually do that damage.

          Either way, fair comment - you dont have the pic so I get that your response is general in nature

          I'll let insurance sort it out. Im just waiting for his quotes to come through instead of random numbers in SMS texts

      • 167448 on 22/04/2021 - 10:11

        Fair point. From reading the thread thus far, it appears to be a sporting foul ball hitting a parked car. My understanding vehicle insurance are for vehicle accidents (caused by the vehicle). In this case, it's the other way around. I don't believe it would cover, BUT you're better informed directly from your insurance company.

        I've had vehicle accidents before, and it's good to get 3 quotes (average) just so you're not ripoff by the first quote and have a ball park idea of cost$$ involved.

        Good luck with the outcome!

        • Euphemistic on 22/04/2021 - 15:35

          it's good to get 3 quotes

          3 is good, but if the first and second are pretty close may not be necessary to get any more.

          Sometimes you get a feel for the accuracy of the quote. I’ve had a bloke give me a number out of his head after a quick look at a car, while the guy across the road gave me an itemised written quote including the cost of the decals that needsed replacing. Guess which one I trusted more?

  • Tek58 on 21/04/2021 - 19:24

    What about asking around for CCTV/dashcam footage for evidence that the soccer ball did do all the damage?

  • OzHunterNSW on 22/04/2021 - 11:59

    I can't smell anything… who, what, when…. what are you talking about?
    Kid did it… receiving sms….
    Whose car is damaged? Who did it?

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