Preparing to Negotiate with at Fault Driver's Insurance Company

LJo-dee on 06/11/2022 - 00:34
Last edited 06/11/2022 - 12:30 by 1 other user

Hi everyone, I'm after any advice/opinions/experience on what I'm about to go through.

I was in a car accident where the at fault driver t-boned me as I was preparing to exit a roundabout while he was entering it. It was like he came out of nowhere as I caught a glimpse of his roobar and instantly was hit and spun almost 180°. Lucky only very minor injuries for us both but the left side of my car is crumpled in. I have taken it to 2 smash repairers for a quote and one said after a quick look $6000-$15000 so a repairable write off, and the other said he wouldn't even waste his time doing a quote.

I have no insurance (please do not have a go at me, I always thought I would never need it as I'm a careful driver, I realise now anything can happen and I wouldn't want to put someone else in this position without being able to compensate them, my next car will properly insured).

The other drivers insurance company has accepted his claim and admitted fault. They have had my car towed to their "assessment centre" which I've found out to be a local auction house. So I'm assuming they will write it off and then auction the wreckage to try and offset their loss on my cash settlement.

Which brings me to why I'm here.
I understand they will offer their own sum that they'll say is market value (I think according to Redbook/Glass guide)
I understand that I'm never to take their first offer.
I understand to ask to see all reports to make sure they're using the correct car details (year/make/model/variant/kms)
I understand I'm to argue my car is worth more using sale adverts for comparable cars.

The problem I can see I'll have is the fact the interior is not in the best condition, and I cannot find any advertised cars with the same problems. Don't get me wrong it's not trashed, the things are minor and fixable. For example, replacing inner door handles and gear knob that the chrome has peeled off of, replacing the master window switches where one has broken off, a good detail of seats and floors etc. These are all things I would fix up if I had any intention of selling the car so I could fetch a decent price for it. I'm thinking though that the assessor would only assess the car immediately pre-accident and would greatly decrease its worth due to these minor things. (Note the exterior of the car is perfect, no dings, scratches, anything).

What I'm wondering is if I could still use the ads of comparable cars as my asking price and then when they point out no because of these things then I could say "okay you're right, so how about I take off the cost of replacing the door handles - $105 and take off the cost of replacing the master switch - $85 etc off my asking price and drop it to $X (whatever that would end up being)….. do you think this would fly?

If anyone's interested it's a 2010 Hyundai i30 SLX auto hatch with 160,000 km - perfect outside just not so much inside

Automotive Car Car Insurance Hyundai Motors Insurance

Comments

  • AustriaBargain on 06/11/2022 - 01:23
    +3

    Why not wait and see what they say.

  • jv on 06/11/2022 - 01:49
    +12

    I have no insurance

    Thread closed

    (insurance is cheaper than hiring a lawyer)

  • Murkymerv on 06/11/2022 - 06:18
    +5

    Seems to me your making this into a melodrama . as stated above see what happens. And next time , don't rely on your impeccable driving skills for not having insurance . Your lucky , imagine if the other party didn't!

  • Euphemistic on 06/11/2022 - 06:37
    +3

    Work out a price you think it’s worth to you to sell. Ignore the minor interior things. Negotiate with the insurer to get a close as you can to that number.

    • Jo-dee on 06/11/2022 - 11:29

      Thank you for your genuine advice, I appreciate it

  • kerfuffle on 06/11/2022 - 08:11
    +10

    pls do not have a go at me, I always thought I would never need it as I'm a careful driver

    Going to do it anyway. Just because you are a careful driver does not mean you are invincible and not going to cause an accident. I never thought I would also have my car written off from being T-Boned and having to wait months for my new car this year, but here we are …

    (FWIW, unlike you, I had comprehensive insurance.)

    • Euphemistic on 06/11/2022 - 11:35
      +2

      It’s most important if you can’t afford to replace your car at short notice in case you get hit by an uninsured driver.

      Cautious as you can be, OP has now proven that a cautious driver can still be in a crash.

  • pegaxs on 06/11/2022 - 08:22
    +13

    I have no insurance, I always thought I would never need it as I'm a careful driver

    Lol… you don’t buy insurance for yourself… you buy it because other people are dead shit, inattentive drivers.

    • kerfuffle on 06/11/2022 - 08:23
      +3

      As someone who's had five not-at-fault accidents in my old car alone (my second car), this is exactly why I have comprehensive insurance.

      • pegaxs on 06/11/2022 - 08:40
        +2

        My other favourite was the guy on this forum who was trying to convince everyone he was “self insured” because of the amount of money he said he “saved” by not paying insurance every year.

        I just don’t get it. But then again, these are the very same people we see on the news every fire/flood season who have “lost everything” and didn’t have home insurance because “We didn’t think it could happen to us…”

        • md333 on 06/11/2022 - 15:39

          Self insurance is a perfectly valid option for your own stuff. If you can afford it, its cheaper than buying insurance on average.
          I don't think third party property makes sense to self insure though, since it is pretty cheap and the cost of not having it could be very high.

          Actually only fully comp myself because at my age it barely costs more than 3rd party.

  • FocusRider on 06/11/2022 - 08:25
    +5

    The amount of people on here who don’t have insurance is mind boggling.

    • DashCam AKA Rolts on 06/11/2022 - 12:59
      +1

      Often new members, then disabled user 1234, soon after.

  • payless69 on 06/11/2022 - 08:26

    Member Since
    9 hours 17 min ago
    Last Seen
    7 hours 47 min ago

    OMG, Whigepool or this?

  • Muzeeb on 06/11/2022 - 08:27
    +5

    Lol.

    I ain't falling for this new member, post and ghost shit anymore.

    Edit: ok. I'll bite.

    Op mentions..

    I understand

    Four times. If you are so bloody smart why don't you have friggin insurance. What a peanut.

  • Hardlyworkin on 06/11/2022 - 09:07
    +1

    What I got out of that post was you were waiting to have an accident so you didn't have to fix the interior.

  • AndyC1 on 06/11/2022 - 09:34
    -1

    I
    I got
    I got to go
    Need to do something today.

  • Andy22 on 06/11/2022 - 10:59

    You'll be fine. Take what they offer and carry on. Since you're now a even more careful driver, you won't need insurance at all

  • Jo-dee on 06/11/2022 - 11:27
    -2

    Omg thank you guys, you've been super helpful!!!

    • tharlow on 06/11/2022 - 22:00

      Sometimes you need your friends to tell you what you need to hear — not what you want to hear. At least you came out of this in one piece, and it wasn’t one big flat piece

      • Jo-dee on 06/11/2022 - 23:24
        -2

        I didn't need anyone to tell me what I 'needed' to hear, as I said I have learnt my lesson and will be choosing insurance from here on out. The point of my post was in regards to the interior of my car… not an opportunity for my 'friends' to have a go at me. And tbh I'd still be asking the same question even if I did have insurance and was claiming through them. And I'm sure if that was the case this thread would read very different.

  • Kevan2 on 07/11/2022 - 16:29

    The steps for a fair result are in place.
    The insurance company has stepped up. Their job is to get the least cost so having a price range replacement price is good. You are lucky you didn't hit any body, or thing as you could be up for shared responsibility if no third party insurance.
    Good luck in getting a replacement vehicle to your liking.

  • dkwon10 on 09/11/2022 - 16:03

    how much do you have in mind that you would think is a fair price? i think you will get around 6k

  • victorngel on 09/11/2022 - 23:09
    +1

    Just got out of a not at fault settlement. Here's what I took away from it that perhaps might help you :

    • The process all the way to getting an outcome is long especially since the recent floods and claims depts being understaffed.
    • You are claiming against the other party's insurance so I doubt the fact that you don't have insurance matters here (but do get insurance going forward)
    • I used Right2Drive for a hire car if you are certain that they have accepted fault and was very pleased.
    • Don't accept the insurance company's hire car ( you have a choice)
    • Get the other party's claim number & keep it with you
    • Prepare to be on the phone for a good half hour wait before speaking to anyone from the insurer.

    • I did consider getting a broker to help me negotiate and deal with the settlement

    • Settlement was at market value which just means if you had to replace like for like. i.e if you had to go out and buy a similar model and make and number of KMs driven

    • There was never a question about what the condition inside the car was like and there is likely no way for them to tell since the car is smashed anyway. Quite unlikely that the assessors at the car yard have the time to look at every spot in your smashed up car anyway.
    • The insurer used a 3rd party valuer which is supposed to be independent but their aim to pay as little out as 'reasonable'
    • It's all about timing so be prepared when you know they are due to call for a settlement.
    • Do your research on carsales.com.au (that's where most people would buy a used car) or delay the call
    • Market value is dependent on what is available at the time you are negotiating and of the number of 'like for like' examples out there in a reasonable distance from you. The more similar cars there are available the less likely you would much of chance to argue the case for a higher price since they could just say just get the lower priced one as it's the same.
    • Be firm but not harsh. Think "I need to be able to get a car without being too much out of pocket" & " I wasn't even planning to sell that car in the first place"
    • An accident is a loss and one that wasn't fault; you will be out of pocket by something it's just how much are you going to be out of pocket for.
    • Jo-dee on 10/11/2022 - 20:03

      Thank you so much, thats very helpful.
      I have been contacted by the settlement officer and he has offered $8000, I have done extensive research and and averaged out at $11500.
      He has said he needs to speak to a higher up and I haven't heard anymore for a few days, I'm thinking this is a little trick to keep me on the hop but I have had a family issue that has really put this into perspective for me and honestly it's just meaningless now.
      I'm just going to be firm and only accept the amount of the lowest price in the range that are advertised plus government charges, because as I see it I've already paid the stamp duty and transfer fee and it will be part of putting me in the same position I was in before the accident.
      They can't particularly offer lower than my lowest price as then that gets into cars that are a year older than mine and/or the variant under and that's not reasonable.
      And you're right, the interior hasn't come into it at all.

      • victorngel on 11/11/2022 - 17:09

        Glad that it helped in a way.

        Dependent on circumstances, you shouldn't be in rush to settle unless you desperately need another vehicle. They have to pay for hire car outside of the market value if you have one so it could be worthwhile to get one even if for a couple of days.
        Just a note, the settlement they quote is going to be excl gov charges and will include the money from salvage (so if they offer you $10K = $9k from insurer + $1K from salvage ). They are only paying for the value of the car.

        • Jo-dee on 11/11/2022 - 21:12

          They have supplied me with a hire car but it wasnt until they decided their customer was at fault before they offered one.
          I was under the impression they don't own my car until they've actually paid me my settlement. One lady from the insurer did say that they owned it and I said no actually you don't as I'm not your customer and I have not signed anything to say I would give it to you if one of your customers crashed into me, she didn't know what to say. I did call the auction house and she said technically the insurer will own it as they will put it under their name at the auction house but they cannot legally sell it until they have paid me out, then they can auction it at salvage prices to try and offset their loss of my payout.
          Also surely I'd be entitled to government charges? They are supposed to put me back in the position I was in before their customer t-boned me, which is an equivalent car ready to go. I don't see why I should be out of pocket for even $1 when it wasn't my fault. Maybe it would be different if I was at fault or it was my insurance company. I may need to look into this further.

          • kerfuffle on 11/11/2022 - 21:21
            +1

            @Jo-dee:

            They are supposed to put me back in the position I was in before their customer t-boned me, which is an equivalent car ready to go.

            Yeah that's not how it works. You get your cash settlement, return the hire car, and look for a new car. You go get your what's left of your CTP and rego back yourself. And dunno about WA, but in NSW you get slugged $30 to cancel your rego regardless of why you have to cancel it.

            Source: Got T-Boned back in April. Like you, not at fault. But unlike you, I was insured. Been waiting for a new car for over seven months now.

            • Jo-dee on 11/11/2022 - 22:50

              @kerfuffle: Do you know why it's taking so long for your settlement?

              • kerfuffle on 11/11/2022 - 22:52

                @Jo-dee: My settlement was paid out back in April. Settlement is cash, not another car, unless you have one of those replacement if written off within two years written into your insurance policy (which obviously doesn't apply to you)

                • Jo-dee on 11/11/2022 - 22:54

                  @kerfuffle: Oh I see, so you have been paid but haven't bought your next car yet?

                  • kerfuffle on 11/11/2022 - 22:57

                    @Jo-dee: I ordered it. It's still waiting to be made.

                    • Jo-dee on 11/11/2022 - 23:00

                      @kerfuffle: Oh okay, what are you using in the meantime?

                      • kerfuffle on 11/11/2022 - 23:01

                        @Jo-dee: A combination of walking, public transport, lifts off people, and hiring a car out of my own pocket.

                        • Jo-dee on 11/11/2022 - 23:02
                          +1

                          @kerfuffle: Man that sucks, but I suppose you'll have a bloody nice car when you finally get it

                          • kerfuffle on 11/11/2022 - 23:07
                            +1

                            @Jo-dee: Could be worse. Could have been seriously injured; everyone who tried to help were surprised I could walk and talk like nothing major just happened (it's not my first rodeo sadly).

                            I sure will; ordered the newly-announced Corolla Hybrid ZR sedan

                            • Jo-dee on 11/11/2022 - 23:13

                              @kerfuffle: Wow very nice! Sucks you had to go through that to get it, but you're right - it could've been worse

  • Mcuser on 12/11/2022 - 12:48

    You were lucky it wasn't a council vehicle.
    We hit something that come off the back of a council truck a few months ago blew a hole in the sump, had to pull straight over, couldn't get any photo or licence evidence they kept going, got the runaround from local council, wouldn't admit anything or hand over any drivers info, ended up doing a claim on our ins, 4 weeks to fix and took a month after to get excess back I paid to get the car back.
    And that was with having ins lol

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