Car Accident with No Insurance

LINTP0151 on 18/09/2022 - 14:25
Last edited 18/09/2022 - 14:27

Ozbargainers I’m seeking some advice.

An uninsured driver fell asleep at the wheel and crashed into my wife’s car that was parked curb side causing a fair bit of damage, the car he initially hit is a write off, my wife’s car probably has $5-10k worth of damage. Police attended the scene and have police report. The driver only has ctp insurance, and regretfully so does my wife. She let her comprehensive insurance lapse in August while overseas, the car has been parked at the airport and we got back on Thursday this week, the accident happened on Friday on our street, big mistake I know.

I don’t even know where to start with this, my preferred crash repairer wants to collect the car on Monday for an assessment of damage to provide a quote to repair. The driver that crashed into the car says he’s a panel beater and wants to repair the car himself which I’m not at all keen on. The car is only 1 year old, I’m not prepared to let someone fix it on the cheap. He says he doesn’t have the money to pay someone else to repair it.

What are my options here? Sue him for damages at small claims court? I’m in a position to be able to pay to have the car repaired myself then chase him for money owed, is this a bad idea? How do insurance companies usually chase at fault uninsured drivers for costs?

Any advice is greatly appreciated

Automotive Car Insurance Insurance

Comments

          • kiitos on 19/09/2022 - 10:50
            +2

            @Ozpit: Yes, I agree, TPP should be compulsory

  • try2bhelpful on 18/09/2022 - 16:58
    +1

    By rights he should pay but the reality is he is unlikely to pay.

    Found this web page.

    https://mva.financialrights.org.au/dtop/i-am-uninsured-and-n…

  • tsunamisurfer on 18/09/2022 - 20:36
    +2

    OP… insurance has a 2 week grace after the expiration date. Was the accident within that 2 weeks?

    • INTP0151 on 18/09/2022 - 21:33

      No the insurance expired in August while where overseas, no grace period I’m afraid

  • Eeples on 18/09/2022 - 20:59
    +2

    You could take joint responsibility with your wife for the lack of comprehensive insurance on a 1-year-old car.

    You are in it together the 'silly wife' defense is lame.

    I suggest you get a copy of police reports and such, 3 repair quotes, and anything else the lawyer you have engaged in sending a letter of demand to the offender suggests.

    • boomramada on 18/09/2022 - 22:11

      Pretty much, specially when wife is overseas.

  • Manny Calavera on 18/09/2022 - 22:13
    +5

    Toss it to one of those vipers attached to a panel beater.

    'Free repair if you're not at fault'

    Scummy business, but gets you out of a bind.

  • mini2 on 19/09/2022 - 07:58
    -3

    Check if your CTP provider can help with the chasing, some covers up to $5k.

    Also, have you checked if your current provider can help by getting your policy back into current by sorting out the premium?

    • kerfuffle on 19/09/2022 - 08:00
      +4

      Thought that was if you had third party insurance, not CTP?

      • mini2 on 19/09/2022 - 09:41

        Guess you're right.

      • whyareyouthisway on 19/09/2022 - 16:30

        I think your car is covered up to $5,000 with Third Party Property damage insurance but only if you are not at fault and the at fault driver has no insurance. Probably varies by provider.

        • baskinghobo on 20/09/2022 - 14:02

          What happens if the at fault driver has insurance but refuses to pay? That almost happened to me once.

          • kerfuffle on 20/09/2022 - 19:52

            @baskinghobo: Have comprehensive insurance

          • whyareyouthisway on 21/09/2022 - 09:52

            @baskinghobo: Then you get comprehensive insurance and make a claim on that, if the car is worth less than 5k then you charge your losses to the game. Not worth comprehensive insurance if your car isn’t worth much, since over a few years you could buy a new sh*box for the cost of comprehensive premiums — always get third party property though to protect yourself financially just in case.

  • Myone888 on 19/09/2022 - 08:55
    +3

    It should be made compulsory to have motor vehicle insurance whilst on the road in Australia. Without one it’s shud be illegal!

    • OzzyOzbourne on 19/09/2022 - 12:53
      +1

      Agree, I find it utterly bizarre that even with all the other nanny state rules, you don't need car insurance (or even an annual safety check in some states).

  • ShannonN on 19/09/2022 - 09:05
    +2

    have you checked with your insurer? Mine auto renews the policy on due date yearly UNLESS i tell them not too, so small hope you may be insured if you pay via direct debit, I'm with Allianz and pay monthly if that gives you hope

  • backpaqer on 19/09/2022 - 09:18
    +3

    Leaves a 1 year old uninsured car parked on the street - you sir, love to gamble far more than I ever would.

    If you have a solid track record of insurance - it may be worth approaching your insurance company regarding the lapsed policy and see what they can do. It isn't unheard of that they might extend the cover for you under the principle of "utmost good faith" in that your not renewing your insurance was pure oversight and circumstance. But, if you've been shopping the hell out of your insurance over the years…once again…you love to gamble.

  • trapper on 19/09/2022 - 10:56
    +4

    Unless you happy to lose the $5k-$10k you might need to take up the guys offer.

    I'd want it properly documented as a 'job' through his employer though if that could be arranged.

  • trapper on 19/09/2022 - 10:57

    She let her comprehensive insurance lapse in August while overseas.

    How does this even happen, don't people have auto-payments for their car insurance?

    • kerfuffle on 19/09/2022 - 10:58
      +1

      Not me. But I also make sure it's paid before the due date, even if out of town.

  • Herbse on 19/09/2022 - 12:08
    +1

    It doesn't matter how the insurance company chases up uninsured drivers because the car isn't insured anyway? They use debt collectors at their own cost.

    The towing company will be asking you for tow and storage fees soon so make a decision asap.

    Your current options are to:
    1. Ask the tow company to buy the car off you at whatever they offer in its current state. It will be lower than what it's worth because they're in at advantage to take your money for an easy out
    2. Pay to get it towed to your house and let it sit until you decide what to do with it.
    3. Pay to get it towed to somewhere and fixed at your own cost
    4. Chase up payment through small claims court which will cost you money and probably end up with shit all if the other party files for bankruptcy or just doesn't show up or pay

    Given it's a new car, take option 3 and fix it then sell it asap since you obviously don't need it.
    If it's one year old and the damage can be fixed, you could probably sell it for what you paid for it a year ago given the current used car market prices.

    • whyareyouthisway on 19/09/2022 - 16:22

      Why do they obviously not need the car?

  • SydStrand on 19/09/2022 - 12:19

    The driver that crashed into the car says he’s a panel beater and wants to repair the car himself which I’m not at all keen on.

    Don't worry, his old man is a television repairman with an ultimate set of tools. He can fix it.

    In all seriousness, I wouldn't trust this guy to not cut corners (assuming he can even do it). Which unfortunately means you'll have to take it on the chin. Maybe a solicitor can get some money from him, but if he's broke, it might be $50 a week for years.

  • AustriaBargain on 19/09/2022 - 15:32
    +4

    The driver only has ctp insurance, and regretfully so does my wife

    Way to bury the lead. Scotty really should run ads for car insurance in the Automotive forum for logged in users. Custom ads that adblocker can't get rid of.

  • squaredonut on 19/09/2022 - 16:33
    +1

    So it expired in August? Have you tried calling your insurer to ask if you were covered by some sort of grace period, and the fact that you were overseas and had difficulties accessing the web or whatever and didn't pay it? Might be worth a shot anyways.

  • Sasa556 on 19/09/2022 - 18:07

    If the police weren't involved there was another solution. But now it's too late.

  • mousie on 19/09/2022 - 18:37
    -1

    no insurance = self insured.

    not compulsory unless its personal injury.

    All done it.. i pranged a car driving unsupervised on Ls and paid out as a punk kid.

  • wtfnodeal on 19/09/2022 - 19:04

    Unfortunately the uninsured driver is likely to declare bankruptcy and you will not get much out of it for the rest of its life. I know a friend who had a tenant refused to pay rent for months and there’s not much could be done other than giving it a few months of notice before evicting it from the property.

  • minniethemoocher on 19/09/2022 - 20:20

    Some car insurance policies have a grace period. Have you called them?

  • pistachio on 19/09/2022 - 23:23

    Ask you car repairer about a 'not at fault claim' made by lawyers
    You dont have to chase anything
    The lawyers and your panel beater will do everything and their cost are paid by the other driver

  • 91rs on 20/09/2022 - 00:57
    +2

    Instead of his offer to repair it, maybe look at the value of the car less some repair costs (not all of the costs but a fair chunk), then suggest he buy the vehicle from you and you justs buy another car?
    Maybe he can get a loan to cover the cost, you're then relieved of the vehicle and he has a reminder (which he can fix) of his mistake?

    Otherwise civil claims and expect to see nothing from him and wear the full expense yourself if you can't get the insurance company to agree to the grace period.

  • Willy Beamish on 20/09/2022 - 01:04
    +2

    Don't drive without insurance, there's your any advice.

    • smartazz104 on 20/09/2022 - 08:24

      The irony being that the car wasn't parked…

  • ribze1 on 20/09/2022 - 09:04
    +3

    Extended third party insurance should be mandatory. It's BS that someone can damage your car and you can have to chase them for the money and may not even get it.

  • lunchbox99 on 20/09/2022 - 10:54
    +1

    Frankly we should have a requirement that you cannot drive without insurance covering both property and personal injury. If you can't afford that, you shouldn't be on the road. It is ridiculous that people can be freely driving around with zero ability to pay for accidents they cause.

    • Jono05 on 20/09/2022 - 11:25

      Can’t stop some idiots driving unregistered cars. How are you going to police this?

      • lunchbox99 on 20/09/2022 - 11:35
        +1

        So because we can't stop all issues we don't fix a glaring problem of uninsured drivers?

      • OzzyOzbourne on 20/09/2022 - 11:36
        -1

        Other countries have police cars with data matching from the rego plate. Scans every car that goes past to ensure valid rego, insurance and road safety check.
        Here we're purely reactive and only look at it after an accident

        • BewareOfThe Dog on 20/09/2022 - 12:31

          Or if it comes up on a NSW Highway patrolman's scanner, whilst they are driving.

        • lunchbox99 on 20/09/2022 - 12:42

          Other countries? That's exactly how it works in Queensland for rego. They got rid of rego stickers years ago.

          In any case, I'm talking about our laws not requiring third party PROPERTY insurance (at least not in Qld). So someone in a shitbox can crash into a Bentley and just go "oops, sorry about that but I can't pay for the damage"

          • OzzyOzbourne on 20/09/2022 - 16:08

            @lunchbox99: And other countries do it for insurance and road worthy too. Just saying there are ways to police that cars are rego'd, insured and roadworthy. But we don't even require insurance or annual roadworthy inspections (in Victoria).

            • Windows7forever on 22/09/2022 - 07:46

              @OzzyOzbourne: I still can't get my head around why Victoria doesn't have mandatory annual vehicle safety checks. You could be driving around with bald tyres and shot brakes.

    • wtfnodeal on 24/09/2022 - 18:05

      That means there will be less cars on the road? Not something our government will do to hurt their GST income on fuel, cars, and rego, stamp duties income etc. Any uninsured drivers have accidents with other bad luck drivers are not the problems of our government but only civil matters among them.

  • JuryWheel on 20/09/2022 - 11:02

    Have you mentioned the car type/value yet? I can't see it anywhere…

  • Daddy Chill on 20/09/2022 - 14:33

    Say good buy

  • Tangenyahu on 20/09/2022 - 18:27
    +1

    Also depends on why he fell asleep. If it's because of something like sleep apnoea, if he's not on treatment/non-compliant w/ treatment or haven't notified the transport department, he may not be covered by insurance even if he has it.

  • CandyMan on 20/09/2022 - 22:54

    Insurers have a grace period. Speak to them.

  • kiLbiL on 21/09/2022 - 00:03

    This whole system has to be changed. For eg in Victoria, we pay about $800 yearly as a rego fee. Out of this, about $400 is towards TAC, which covers personal damage even if you are at fault. This is kind of equivalent to CTP (compulsory third party) in NSW.

    Now the third party insurance you get from NRMA, budget direct etc covers only damage to another person's property or vehicle when you are at fault. It doesn't cover any personal injuries because it's already covered in the rego fee.

    Ideally what should happen is they should make third party insurance compalsory for every vehicle on road and get rid of that TAC component in our rego fees which is stupidly high. For eg in countries like Canada, yearly registration fees are not high like here and their third part insurance is affordable which covers personal injury as well as property/vehicle damage.

    • ihbh on 23/09/2022 - 18:23

      get rid of that TAC component

      That my friend is far more important than property damage cover.

      Say you got injured ans are a quadriplegic and the driver at fault is bankrupt… what then?

      • kiLbiL on 26/09/2022 - 13:55

        That's why I mentioned 3rd party insurance has to be compulsory. And 3rd party insurance covers personal injury.

        So simply in your example, if the driver is bankrupt is can not drive a car because he doesn't have at least a 3rd party insurance.

        • ihbh on 26/09/2022 - 14:43

          I see what you are getting at. There are two types of third party insurance re cars, property damage and bodily injury. You need the TAC or CTP in NSW for the bodily injury cover.

  • straightway on 21/09/2022 - 00:32

    Who was your comprehensive insurance provider?

  • drfuzzy on 21/09/2022 - 14:33
    -1

    Use the money you've saved by skimping on insurance for all those years to repair it.
    You can try and chase him for the money but do you enjoy bashing your head against a wall?

    • kerfuffle on 21/09/2022 - 15:58
      +2

      Use the money you've saved by skimping on insurance for all those years to repair it.

      You didn't read the OP properly, did you?

  • furyou on 21/09/2022 - 16:34

    OMG, but I'm going to update my insurance now.

  • Typical16-bitEnjoyer on 21/09/2022 - 17:03
    -2

    Can afford international holiday.
    Can afford long term airport parking rates for 1-2 months.

    No excuse honestly.

  • Aust on 21/09/2022 - 20:24

    Hope you have home and contents insurance OP! Travel, Pet and Health insurance?
    Things normally happen in 3's

  • May4th on 21/09/2022 - 21:10

    Ah..another uninsured accident post from a L plater..all is right with the world again

  • Froot Loops on 24/09/2022 - 13:40

    People shouldn't be allowed to drive without insurance

  • lordra on 01/10/2022 - 18:53

    Guys, noob question.
    From OP: The driver only has ctp insurance

    If the driver has CTP, why can't their CTP pay for OP's damage? What am I missing here?

    • kerfuffle on 01/10/2022 - 19:05
      +1

      A lot. But at least you recognise you’re a noob.

      CTP, or Compulsory Third Party, or green slip, only covers injuries sustained in an accident. Third party insurance e.g. third party property covers damages made to other people’s property like cars or fences. Comprehensive insurance will cover both your car and the other people’s property if you run into another car or fence.

      Guess you doh’t have insurance, either. Hopefully this will encourage you to review your coverage

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