So my friend's car got hit by someone without insurance (Craigieburn Victoria) and the bloke is now refusing to pay up for the damage. My mate only has third party insurance with Bingle.
Can he get anything?
Edit: $1900 worth damage
Lmao he has actually sent a letter of demand (I didn't realise this is something people do for car accidents)
đ
I think in this case your 'friend' can pay Bingle to chase up.
3rd party insurance…. They don't care.
I've been in the same situation, hit by an uninsured driver, I was with AAMI and they covered me under my third party insurance
It's worth checking The policy documents to see your friends inclusions
Aami has a cover on their 3rd party to pay out if other party is at fault and uninsured. Bingle doesn't.
@Franconian: I had a feeling someone would be able to run the legwork on this one! Looks like OP's friend is out of luck
Also, why do people use Bingle? Their premiums have always been high when I've checked them
@Bren20: Premiums are down to your personal circumstances. For a lot of people, they are very competitive.
Can he get anything?
Is it worth taking to claims court?
Haha does he need to go to Magistrates or can this be done via Vcat?
Magistrates, Vcat doesn't see car accidents
Again asking for a friend, lol :)
Haha if Im asking for a friend, I am asking for a friend. Not everyone is a ozbargainer đ
Look like OP bought comprehensive, but his friend didnâtâŚ
OP, did you not teach your friend or just kept OzB life skills to yourself? :)
What stage are you with refusal?
Exchange of contacts on road
Letter of demand
Court
Bankruptcy proceedings
Etc.
Letter of demand
Many third party insurers will chase up the responsible driver if you got their licence and details.
Although i believe this will only cover $5000 in damages.
If you have comprehensive then you should be able to get your car fixed at no cost and the insurance company is then responsible to chase up the at fault driver.
Many third party insurers will chase up the responsible driver if you got their licence and details.
If the other driver is not insured though.
I'm with Virgin Money and this is in the PDS
Cover Part 4 â Uninsured Motorist
Damage
This section applies only if the type of cover shown on your Insurance Certificate is âThird
Party Property Onlyâ or âThird Party Property, Fire and Theftâ.
If the car is involved in a no fault accident with an uninsured vehicle, we will cover your loss
or damage to the car, up to its market value, and the reasonable cost of recovery, towing and
storage if it was unsafe to drive as a result of the accident.
The maximum we will pay under this section is $5,000.
We will attempt to contact the driver of the other vehicle to determine:
⢠who was at fault in the accident, and
⢠if the vehicle was insured.
We will not provide this cover if:
⢠we can, within a reasonable timeframe, confirm that the other vehicle is insured, or
⢠the other vehicle is owned or registered in your name, or in the name of any relative or
person who lives with you.
RACV/NRMA 3rd Party comes with "uninsured drivers protection"
if you are in an accident with an uninsured party and its not your fault they will cover your repair and chase them for the money
as long as you tick the usual boxes.
Yes, thats what I've been saying. If the other party has insurance, your own third party insurance most likely wont cover you under "Cover Part 4 â Uninsured Motorist
Damage" for example.
So whether the at fault driver is insured or not, is an important factor whether neggers like it or not.
@Drakesy: Ughhh is that if the other party is at fault but has no insurance then your clause won't operate.
The policy only kicks in to help you recover up to $5,000 if the other party has no insurance not if they are just an arsehole
Capitals for emphasis not yelling :)
@Noblejoker: Thats what the clause is there for though
If the other party has no insurance and are at fault? - the op's exact situation
@Drakesy: The insurer will typically not take your side unless the other party has admitted fault and confirmed they have no cover
What if they have insurance but are arseholes and deny responsibility
You may have to try to make the claim against them or at least contact them first
Depending on details the uninsured clause doesn't always operate
For example - accidents in carparks not on the road
@Noblejoker: Pretty sure if you have enough evidence and can explain the physics behind the crash the insurer will take your side. OP doesn't say the other party has denied responsibility, merely is refusing to pay up. Two very different things.
Both can be taken to court or with a letter of demand from the insurer. That is what you pay them for at the end of the day.
The 'friend' is with Bingle. Doesn't look like they provide cover for damage by uninsured drivers at fault.
Saw this, they may be shit out of luck
Your âmateâ paid for third party insurance only, so he only can get third party insurance cover :)
not true
You don't get entered in the MS Paint Art Prize without a diagram…
My fav. so far: https://www.ozbargain.com.au/node/621781
Art? https://imgur.com/a/nfUWIry
Quite a masterpiece
The only reason really not to get comprehensive insurance, is if the cost of insurance+excess costs more than the value of your car.
Or if your car is cheap enough that you can buy another one if something happens. My car is worth about 6k but comprehensive is like 1.2-1.5k since im under 25 so I just get third party.
This is my usual position, but the difference between 3rd party and comprehensive for my last renewal was $100.
Iâve decided Iâll pay that each year to be able to get somebody else to sort it if somebody crashes into me.
Your situation is certainly out of the ordinary.
@Presence: Sure, I'm old with a full no claim bonus from other cars and a history of not claiming.
No points when I got that quote either.
But I would have just renewed the 3rd party on the cheap car except for posts here with people having a hard time dealing with deadbeats, and I decided I could afford to avoid it!
Hopefully you dont tbone a Lambo then
Third party insurance covers damage to other cars, not your own.
Bikies
Haha nah some rando
Think you missed that. The bikies are to help you recover the debt. Ie send them knocking on the other guys door.
Are there any left?
This is the exact reason I got comprehensive even though I had a cheap crappy 16y.o. car. I didnât want to have to deal with or need to chase some low life dodger who runs into my car and tryâs to get away with it by just ignoring their responsibility with little comeback. Iâd be happy to pay the excess on the premise that I will hopefully get it back and leave an insurance company leviathan to chase and torment the dodger for the $.
But if the damage from the uninsured low life dodger is less than $5000 and you have a third party insurance that covers you from at fault uninsured drivers you would still be looked after by your insurance and they will chase the low life dodger
If, if, ifâŚ.My insurer doesnât and I bet not all Third Party PDS have this clause and I would not expect they would chase this for you out of good will if they donât.
$1900 isnât a lot of damage. Letter of demand is sent. If they pay up you are lucky. If not, see if you can get the repair done any cheaper and just suck it up.
While $1900 seems like a lot of money, it isnât really a lot of money. Consider how much time and effort will be involved to take it to court and possibly still not get paid, or get $10/week or something equally useless
What is and isn't a lot of money is relative to the person. But you're generally right - the insurance excess + premium can be almost that amount.
I'd still go to small claims court out of principal though. As far as I know, it's a trivial fee to do it. I'd be happy to have $10/week garnished off the guy's wages. Over a couple of years, this'll add up to the amount owe - it'll affect their credit rating and make it harder for them to get a credit card or mortgage.
It comes down to wether you think itâs worth the effort to chase. For me, the other party would need to look like they could afford it and depend on their attitude. A genuinely apologetic person of little means itâd hardly be worth it. An arrogant jerk in a flash car itâd be well worth chasing up.
$10 a week would be covered in less than four years
100% you need to look at the Bingle policy. I had third party with Woolworths Insurance as car only worth a max of $1.5k. Uninsured person rear ended it and write off. Insurance paid us and followed up owner of the car, the mother of the driver. No excess was payable but market value assessment not real flash.
Why is that uninsured car is allowed on the road? Is there any authority that oversees this?
Mandating insurance doesnât solve being hit by an unregistered vehicle, an unlicensed driver, DUI driver, stolen vehicle, an obstacle that fell off another vehicle, etc. Driving is inherently risky, and many of us will end up paying or claiming insurance for events that were not our fault. Sad but true!
Yes, but it greatly diminishes the risks of all of those things. If insurance was mandatory and you were pulled over for it the same way that you are pulled over for driving unregistered, it would go a long way to resolving these issues.
I agree with you that driving is inherently risky, which is exactly why insurance should be mandatory.
Unfortunately mandating TPP insurance would drive up rego costs and make it more likely to encounter an unregistered vehicle.
@Euphemistic: Strange, this is not the case in Europe or most other first world countries where TPP is mandatory for vehicles.
@Franconian: Didnât know that. Do you know what the rego costs are and which countries? Iâd be interested to follow it up and see how it works in other places
@Tleyx: Not when I was there. As it's compulsory there is much more competition between insurance companies. It also includes the injury portion. Need to look at full rego cost.
@Euphemistic: what? it doesn't make you more likely to get hit by an unregistered vehicle, especailly nowadays where unregistered vehicles are easily spotted by automated cameras.
@gromit: Making it more expensive makes disadvantaged people less likely to register a car. They donât care about fines etc as they have nothing to lose.
@Euphemistic: If they don't care about fines etc and have nothing to lose then compulsory TPP is not going to change that as rego is already very expensive so they already won't be paying it.
@Euphemistic: You wouldn't be able to get very far these days driving unregistered. You'd be pulled over by the first cop car you drive by because they have automatic cameras.
Then you'd be forced to pay the rego the spot or not be able to drive off. This has actually happened to me when my renewal notice was sent to the wrong address.
@Euphemistic: It was only a few days.
The cop didn't fine me cause it was obvious it was just a legitimate mistake but he made sure I had rego before I could drive off.
I'm guessing if I was a repeat offender, I would've copped the fine and not been able to drive off.
Making it more expensive makes disadvantaged people less likely to register a car. They donât care about fines etc as they have nothing to lose.
They are already the types of people who were likely to be uninsured in the first place anyway.
Nah CTP is covered with rego. We had an argument and looked into it.
Correct
CTP Greenslip for Third Party Personal Injury is either incorporated in the rego in some states or purchased separately but linked e.g. NSW
Third Party Property Damage is not included in any state rego and is not compulsory
Some (dumb) people do get confused as both as called Third Party Insurance
TP Property should be compulsory but isn't
Estimates say more than 1/3rd of all vehicles are uninsured, many unregistered too
Heck 25% of people don't even insure their Home Building worth $$$, why would they insure their bomb car - arseholes
Heck 25% of people don't even insure their Home Building worth $$$, why would they insure their bomb car - arseholes
If I could only insure either my home building or my car, I would rather insure my car.
Over my lifetime, I've had to claim my car insurance multiple times whether it be me at fault or someone else at fault. I have never had to claim my house insurance and don't know of anybody in my family/friendship group who has.
FWIW, there's also the argument that I could potentially hit someone's Ferrari and have to pay tens of thousands, but it's not likely my property will grow some legs and start crashing into other people's property, so that's also a consideration as well.
@p1 ama: That's a funny comment coming from an economic. Surely having an uninsured half million box is much more risky than writing off 30k that depreciate to near zero within ten year.
That's a funny comment coming from an economic. Surely having an uninsured half million box is much more risky than writing off 30k that depreciate to near zero within ten year.
You don't insure your car because it's worth a lot of money, you insure your car because it has the potential to cost you a lot of money in an accident.
FWIW, "half million box" is completely off. Most houses are not worth anywhere near half a million dollars.
FWIW, "half million box" is completely off. Most houses are not worth anywhere near half a million dollars.
You might be surprised. When you add up construction costs and contents, itâll be a lot closer to half a million than zero.
@p1 ama: Your home insurance covers injury to people at your home. So even though your house can't hit a Ferrari someone can be injured at your home and sue you, which could cost more than a Ferrari
@p1 ama: Interesting risk assessment. Home getting burnt down, storm damage, flood insurance is generally on homeowners mind after the fact. Especially if a mortgage is attached to the home.
not sure why you're downvoted. Third party property insurance SHOULD be a mandatory requirement.
It's silly that's it's not.
Who says he is uninsured anyway?. He could just have no damage on his car and not want to pay the excess so has lied and said he doesn't have it so that the op will give up. So many people would give up so it would probably work most of the time
If insurance was mandatory and there was a centralised database, then he would not be able to lie.
Even if it was mandatory they could still just refuse to pay excess
Ive been told by my friend there is a ms paint incoming
Friend of @thatindian
Rendering of incident:
https://scontent.fmel15-2.fna.fbcdn.net/v/t1.15752-9/1937220âŚ
I now go to court.
đđ Told you guys that it was actually for a friend….
Maybe because youâre driving on the wrong side?
@whatawhopper, nogivejusttake makes a good point
The message is get comprehensive cover. For some weird reason third party cover is not compulsory in this country, it really should be (it is in the UK).
Insurance in the UK is horrendously expensive too
Which neans most people under 25 drive low powered small cars and aren't such a danger on the road as a teen in a 4l rwd Falcon or a young tradie in a 2 tonne hilux wrapped in bull bars.
A long time ago I had RACV 3rd party. And after getting rear ended, they told me to take the car to a repair shop and between the repair shop and RACV they chased up the at fault driver who was not insured. All they needed was a name and rego. Car was fixed, happy day's.
Good luck to your friend. Hopefully it works out
Considering we live in the "nanny state", it boggles my mind that it's legal to drive without 3rd party insurance and often in a car that hasn't had a roadworthy for years.
Can he get anything?
He's already screwed. What else does he want?
Mandatory: You need an MS Paint diagram.