Car Hit in Carpark - They Left Note but Ghosting Now

Lcap87 on 01/06/2022 - 19:34

Hi folks,

My car got dinged in a carpark. There was note left providing a number in which I contacted them and initially they seemed apologetic and willing to work with me around getting it fixed. They even sent a picture of their license through too (international license though). They did however say they don't have insurance, not even third party.

After getting a couple quotes for damage (about $800) and sending it through to them they've now gone completely quite and non responsive.

We have dashcam footage of the incident as well including a mostly recognisable registration plate. If they continue to ghost what would be the next steps given I have the footage and their contact details? Police report? Never done that before so just hoping for some advice and what we can realistically expect.

Thanks!

Automotive

Comments

  • spackbace on 01/06/2022 - 19:36
    +9

    Claim from your Comprehensive Insurance

    You have that, right?

    • cap87 on 01/06/2022 - 19:38
      +1

      We have it but damage bill is lower than the excess so doesn't make sense to use it. Also the third party should be paying for it as we have their details

      • spackbace on 01/06/2022 - 19:39
        +5

        Should be, but you'd need to take them to small claims court etc (VCAT in your case).

        Is $800 worth the hassle?

        Police won't make them pay, they can't enforce that

        they've now gone completely quite and non responsive.

        They've realise that there's not a lot you can do to pursue them

        • salmon123 on 01/06/2022 - 20:36
          +3

          VCAT in your case

          xCAT aren't courts. They're tribunals. I'm pretty sure they wont consider consumer to consumer civil disputes.

          The other thing to note is xCAT decisions aren't enforceable. If the other party decides not to pay up, after a decision against them, you still need to go to court to enforce it.

        • Caped Baldy on 01/06/2022 - 21:48
          +1

          I'm a bit of a noob. Would it be considered hit and run?

          • rektrading on 02/06/2022 - 22:27

            @Caped Baldy:

            There was note left providing a number
            They even sent a picture of their license through too (international license though).

      • donga100 on 01/06/2022 - 19:53
        +31

        If you provide their details to your insurance company you won't need to pay excess as you were not at fault.

        • cap87 on 01/06/2022 - 19:59

          Thats an avenue I hadn't looked at yet. I'll speak to insurance tomorrow and see what they say.

        • abs898 on 01/06/2022 - 21:17
          +2

          Agreed, your insurance will chase them for damages. However, remember your premium for next year will go up. It happened to me, even through it will be no excess claim for you, you will cope that.

          • illogicalerror on 02/06/2022 - 11:48

            @abs898: Your premium will go up anyway :P

            • abs898 on 02/06/2022 - 12:37
              +3

              @illogicalerror: With that attitude it definitely will 😂

              • illogicalerror on 02/06/2022 - 12:44
                +2

                @abs898: Silently pondering, trying to remember the time insurance premiums went down.

                • abs898 on 02/06/2022 - 12:48

                  @illogicalerror: Mine went down this year with AAMI. or it was their driver rewards that made it lower

                  • illogicalerror on 02/06/2022 - 13:54

                    @abs898: AAMI have been pretty good to me as well in car insurance. Totally jacked my house insurance this year, but gave a big discount from the price increase when I enquired on the phone.

          • cuteseal on 02/06/2022 - 15:24

            @abs898: Yep, these days they just look at number of claims.
            Doesn't matter whether it was your fault or not, if you claim, it's going to go up.

          • jrvb42 on 02/06/2022 - 20:48
            +1

            @abs898: Your premium should not go up if not at fault. If it does, shift companies. Simples.

            • abs898 on 02/06/2022 - 21:20
              -1

              @jrvb42: not really, it still changes the no claim discount rating.

        • omega595 on 02/06/2022 - 02:37
          +3

          Sound advice, though in NSW some insurers are getting tricky with this. I've noticed clauses buried in the T&Cs of some policies saying you'll need to pay the excess in order to initiate the claim, and the excess will only be refunded if your insurer is successful in recovering the costs from the at-fault party.

  • PensionerXXL on 01/06/2022 - 19:40
    +2

    hire a pi, show up to their house and do $8000 worth of damage and leave your number to continue the conversation

    • snoopster on 01/06/2022 - 19:50

      $8000 $800 worth of damage - FTFY

      Unless you wanted to strike back tenfold..

      • PensionerXXL on 01/06/2022 - 20:01
        +31

        they throw rocks, you throw hand grenades, my friend

        • aoeueoa on 01/06/2022 - 22:56
          +3

          why are you throwing your friend?

          • AdosHouse on 02/06/2022 - 00:59

            @aoeueoa: Keep your friends close and your enemies closer. So if PensionerXXL throws his friend behind his enemies than it will be achieved.

        • Xistn on 02/06/2022 - 09:02
          +1

          I like your style, I have a job for you.

  • dandosr on 01/06/2022 - 19:50

    Count yourself lucky - the same just happened to me. But it was a bus (I didn't witness it, a good Samaritan left a note of the name of the bus company). The front of my car was sheered off. And I am third party insured. The bus company initially said they would cover the damage but after me sending them the quote for 6k of repairs they have ghosted me. My insurer is saying unless I can get their insurance details I am not covered…

    • BewareOfThe Dog on 01/06/2022 - 20:19

      Hi, if you can obtain the registration number of one of their buses, they are most likely all with the same 3rd party company. You can check this via the service nsw app and at least find out their 3rd party insurance company.
      You can at least go from there and hound the insurance company. All you can do is try.

      • kerfuffle on 01/06/2022 - 20:24
        +5

        Third party insurance that you see on the Service NSW app is for injuries, not damage to vehicles.

        Yet another person who doesn't know the difference between compulsory third party insurance and car insurance

    • bobbified on 01/06/2022 - 20:52
      +2

      And I am third party insured…. My insurer is saying unless I can get their insurance details I am not covered…

      That doesn't make sense - if you're really third party insured (property damage), the component of the policy for your situation only covers you (between $3k-$5k depending on policy and company) if the other party is not insured. That is, if they are comprehensively insured, your third party property damage insurance company won't want anything to do with it.

      • dandosr on 01/06/2022 - 21:25

        If the other party is not insured (it has to first be determined that they are not) they will cover 3k. But the excess waiver only applies if you supply their full details, name, address, license number etc, of which I don't have because it was essentially a hit and run. So would be 3k-1k = 2k cover in this scenario. Bus companies are insured by brokerage firms, it is obscured who is actually insuring them. I cannot prove they are or aren't insured and at this point of time my insurance is putting the onus on me to determine this. They stated that if the insurance information cannot be obtained, it will be treated as if the other party does not have insurance… so 4k out of pocket..

  • BewareOfThe Dog on 01/06/2022 - 20:11
    -3

    Bikies?

  • solidussnake on 01/06/2022 - 20:27
    +4

    Claim through your insurance provide the dash cam and his phone num and licence you don't pay excess if your not at fault, I would do that then waste more time chasing someone… Each to their own I suppose

    • cap87 on 01/06/2022 - 21:47

      I'll contact my insurer tomorrow and pursue this option I think. My only concern is the fact they don't have insurance. Not sure how RACV will easily recoup the cost.

      • Ughhh on 02/06/2022 - 06:48
        +6

        My only concern is the fact they don't have insurance.

        If you have comprehensive, it doesn't matter whether the other has Insurance or not, that's the pro of comprehensive vs third party.

        Not sure how RACV will easily recoup the cost.

        As long as you pass on the required details, it's not your issue. Your insurance will do the chasing, even taking them to court if needed.

  • Muzeeb on 01/06/2022 - 20:33

    Are you insured with RACV?

    • cap87 on 01/06/2022 - 21:44

      I am yes

      • Muzeeb on 01/06/2022 - 23:01
        +3

        Then make a claim through your insurance. Do an online claim, upload the dashcam footage. You shouldn't even have to pay the excess (well you didn't have to 3 years ago when I made a claim) as you are not at fault.

        • cap87 on 01/06/2022 - 23:03
          -1

          Thanks I'll look into this. There's a chance it'll hit my premium though next year right. Despite no fault?

          • omega595 on 02/06/2022 - 02:27
            +9

            @cap87: Let me preface this by saying i live in NSW, but if your insurer says you'll have to pay an excess and/or suffer a premium increase when your policy is up for renewal, my experience may be instructive.

            I went through a similar situation, except that the driver who smashed into my parked car drove away without leaving their details. Fortunately I was able to get CCTV footage of the impact (and the driver's face) and I reported the matter to the police. The police reviewed the footage and charged the driver with 2 offences (negligent driving resulting in damage to property and failure to leave particulars) and provided me with the contact details of the driver.

            I then drafter a Letter of Demand, containing 2 quotes from auto repair shops, and sent it to him via Registered Post with a requirement that the letter be signed for upon delivery. The driver passed on my letter to his own insurer and the whole thing was taken care of (I even got a rental car provided for the 3 weeks my car was being repaired). Admittedly, if he didn't have insurance I would have potentially had to chase him through arbitration or the courts, but with the criminal charges against him, a win wouldn't have been difficult to secure.

            The entire process took a while, but in the end I was happy that my car got fixed, and the driver copped a massive fine (because the damage exceeded $5500) and lost points off his licence for his treachery.

            • cap87 on 02/06/2022 - 09:03
              +1

              @omega595: Thanks for that. Good advice. The only difference is I know they don't have insurance as they told me that on the phone.

  • salmon123 on 01/06/2022 - 20:41
    +3

    international license though

    Another thought is to threaten to report them to the Immigration Department.

    I don't know if it'll do any good, but these things have a habit of coming back to bite immigrants in the ass, when they apply for things like Permanent Residency or Citizenship.

    I know if Peter Dutton was still in charge of that department, he'd probably have them locked up on Christmas Island, before you finished typing up the email.

    • cap87 on 01/06/2022 - 21:48

      I'm also pretty sure they're only supposed to use an international licence for 6 months

      • salmon123 on 01/06/2022 - 21:50

        Depends on your visa. I don't think there's a time limit on temporary visa holders.

    • rektrading on 02/06/2022 - 22:31

      Another thought is to threaten to report them to the Immigration Department.

      Report for what?

      The driver hasn't done anything unlawful.

      • salmon123 on 02/06/2022 - 22:36

        Report for what?

        Key word being "threaten". The threat might be enough to set the offenders moral compass straight and pony up the $800.

        If you really wanted to follow through with it, most visas have a "good character" requirement. You could submit an unsolicited character reference for the offender, giving your honest opinion on their character. If nothing else, I'm sure the person processing visas will have a good chuckle at it when the offender applies for Permanent Residency or Citizenship.

        • rektrading on 02/06/2022 - 22:39

          Key word being "threaten".

          This sounds like blackmail.

          Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met.

          Is Blackmail A Crime?
          The offence of blackmail is contained in section 87 of the Crimes Act 1958 which states:

          A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:

          • salmon123 on 02/06/2022 - 22:42

            @rektrading:

            This sounds like blackmail.

            Not that different to "Pay be $800 or you'll take you to court".

            • rektrading on 02/06/2022 - 22:44

              @salmon123: Taking someone to court over an accident is not the same as reporting someone to immigration for something that is unrelated to their VISA.

              • salmon123 on 02/06/2022 - 22:47
                +1

                @rektrading:

                reporting someone to immigration for something that is unrelated to their VISA.

                Huh?

                I don't see an issue with submitting a truthful character reference about an actual incident, which may or may not be considered by officials for the purposes of granting a visa.

                I'm not suggesting that the OP invent and confabulate a false story for the purposes of gaining leverage in their car accident dispute.

  • SF3 on 01/06/2022 - 20:44
    +2

    Member Since
    1 hour 13 min ago
    Last Seen
    43 min ago

    Good chance OP would be “Ghosting Now”.

    • cap87 on 01/06/2022 - 21:48
      +1

      Still here. This my first time posting 😁

      • mincemeat on 02/06/2022 - 10:49

        What dash cam did you have running the whole time? I'm looking to upgrade mine

        • cap87 on 02/06/2022 - 10:54
          +2

          I had a Blackvue DR650S with front and rear. Lucky cause footage was on the rear. It was running while parked on the Cellink Neo battery pack for dashcams.

          • Muzeeb on 02/06/2022 - 11:01
            +1

            @cap87: You deserve a year of free ozbargain platinum membership with this setup. I'll DM scotty on your behalf.

  • pharkurnell on 01/06/2022 - 21:26

    Its been a week I guess since this been asked.

  • Sydneygirl22 on 02/06/2022 - 09:28

    It's illegal to drive without third party. You can dob them in to police.

    • Muzeeb on 02/06/2022 - 11:02
      +2

      Rules are different in VIC.

      Something tells me you're from NSW but I just can't put my finger on it.

  • OzHunterNSW on 02/06/2022 - 17:33

    You take info to Police.

    The culprit would be scared to do anything wrong for fear of being deported

    • rektrading on 02/06/2022 - 22:33

      Why would the driver fear being deported?

  • jrvb42 on 02/06/2022 - 20:50
    +1

    Overseas licence. They get away Scot free.
    Fight it out with your insurance coy. You have their details, should be no excess to pay. Go to insurance ombudsgal if they try it on.

  • TransportPosters on 02/06/2022 - 22:23

    Same thing happened to me. Car hit me, it was the fault of an unlicenced and uninsured individual. We shared all our details. My insurance company considered all the evidence and blamed them, fixed my car very quickly and I didn't have to do anything except drop it off and pick it up all fixed. The other party was made to pay for the repairs.

  • cap87 on 02/06/2022 - 22:29
    +1

    Update is that my insurer confirmed that as long as they can identify the third party we won't have to pay excess or have any premium increase. The only catch is we need the their address which we currently don't have, just their name, number and registration details.

    • TransportPosters on 03/06/2022 - 09:42

      Check this post, reply #4:

      https://www.ozbargain.com.au/node/376843

      Seems to have the best outcome for your situation.

      • cap87 on 03/06/2022 - 10:16

        Thanks for this. We're laying it out all out for them today that this is what will happen. If they don't agree to pay damages we'll begin claim and police report to get their address

  • tempestswitch on 03/06/2022 - 22:11
    +2

    If your dash cam can prove the incident and catch their license plate then take it to the cops.

    I did this a few months ago when someone hit my mums car. Got the evidence, footage, plate number and showed the police.

    They were pretty impressed. They called the mobile number linked to that number plate (through their internal system) asked if they caused an accident and they had proof. Police said if they were to deny, then it will become a police matter.

    The driver got scared and provided his address and details so we could put it through insurance.

  • cap87 on 09/06/2022 - 21:36
    +1

    Update: they paid for the damage in the end after the threat of taking it up with insurance and cops. Thanks for all the advice here.

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