In a Car Crash, Other Driver at Fault - They Want Me to Lie to My Insurer to Make Sure They Cover It. What Should I Do?

Lhrayn3 on 16/11/2022 - 12:14

Hey OBs! Long time lurker, first time car-crash poster (think it's required you post a car incident for your first post?).

ASCII diagram of collision:

          |       |
          |       |
———        ————
                <— Me, green light
———        ————
          |   ^  |
          |       |
        Her, red light

I got T-boned at low speeds in an intersection when another driver ran a red - both cars are written off. I'm definitely not at fault, have witnesses, no worries with that. I have 3rd Party Fire/Theft and the other driver kind of has Comprehensive. They're being co-operative except for one thing.

They want to say it was their mum driving the car because it's insured under her name!

I don't want to lie to my insurer but I'm worried if I tell the truth, the other driver's insurance won't cover the cost.

Has anyone been in this position before? I'm thinking I can just say I only got the other driver's phone number and lie by omission?

On a side note, another driver's dashcam was on but only saved the aftermath because it deletes old recordings, or
there's some kind of 1min recording interval? Definitely getting a dashcam after this, but if that's how they work what's the point?

Automotive Car Insurance Insurance

Comments

    • Guybrush57 on 16/11/2022 - 21:18
      +1

      0118 999 881 99 9119 725 3

  • DASHCAM NOW DUDE on 16/11/2022 - 21:28
    +2

    GET A DASHCAM, EVERYONE.

    • kerfuffle on 16/11/2022 - 21:29
      +1

      Especially if you choose to go without insurance

    • ProlapsedHeinous on 17/11/2022 - 13:58
      +1

      I AGREE EVERYONE SHOULD GET ONE THEY ARE VERY CHEAP AND MAY SAVE YOUR ASS IF NO OTHER WITNESSES AROUND

  • curtturtle on 16/11/2022 - 21:30

    Tell the truth. If their insurance doesn't cover them/you, that doesn't absolve them. You can go after them legally for the damage then. And they will have to pay the damages plus any legal fees incurred.

    Either way you are covered and are not putting yourself in legal risk.

    • diazepam on 17/11/2022 - 00:31
      +1

      pain in the ass for you to to go after then legally though?

      • curtturtle on 17/11/2022 - 08:03
        +1

        Definitely. But better than having to hit that check box on new insurance forms that says "have you been found to have committed insurance fraud in the past" and having every future insurance never touch you.

  • ItchyBallsack on 17/11/2022 - 00:30
    +3

    Just ask the other party to claim thru their insurance and get a claim number off them. Then go to a repair of your choice and let them handle it. You dont need to report it to your own insurance, or make any of your own report.

    • capslock janitor on 17/11/2022 - 02:18

      I think this might be the way… Their comprehensive should be legging it..
      If they don't cooperate or bad time frame then involved own insurer..
      HOWEVER OP MIGHT WANT HIRE CAR..
      NFA.

      • ItchyBallsack on 17/11/2022 - 08:17

        Op can get a hire car off the smash repairer or right to drive since they are not at fault.

    • leiiv on 17/11/2022 - 09:22

      This is the best answer. However, is there a chance that the other party insurance will come and interrogate OP?

  • capslock janitor on 17/11/2022 - 02:16
    -2

    Do it, they were at fault..
    IANAL

    When I was driving on L's got rear-ended by an SUV, we gave her my dad's licence iirc it's like a decade ago…iirc
    Given they were the fault party anyway..

    But your scenario is like reverse of mine or sumth..

  • Yiddos on 17/11/2022 - 07:14

    Now that you put the incident is on public forum, the more you should stick to facts and not deliberately distort them. Dont underestimate the popularity of Ozbargain!

  • 2esc on 17/11/2022 - 12:50

    Fairly simple tell the truth.

  • dojomojo on 17/11/2022 - 12:54

    What kind if dashcam only keeps 1 minute of footage? Sounds like lack of user knowledge - the files are saved on there.

  • 82norm on 17/11/2022 - 14:45

    Is ozbargain available whilst in jail?

  • cunningdrew on 17/11/2022 - 15:08

    Never lie on something like this. It's unlikely, however if the insurer is unsure of something they could request CCTV of the intersection when it happened if footage exists. Who knows…. not worth the risk.

    • 82norm on 18/11/2022 - 22:06

      Not to mention any witnesses.

  • minniethemoocher on 17/11/2022 - 16:49

    Could you let the other party file through their insurance and see their insurance will fix/payout your car? Afterall you only have third party do your insurer won’t do much for you.

  • altitudinous on 17/11/2022 - 18:00
    +1

    Do not lie to your own insurer. You would be crazy. You will void your own insurance by lying. Tell them the facts and let the insurer get on with the job.

  • Topdog on 17/11/2022 - 20:55

    No way in hell. Thats fraud. If you get done. No one will ever insure you again. What benifit do you have to gain.. no just no.

  • Aust on 17/11/2022 - 21:17

    OP, all you have to do is send a letter of demand to the other person, enclosing a quote and ask them to send it to their insurer.
    You do not need to lodge a claim on your own insurance and given it is only for third party likely a waste of time (particularly if your car is worth more than $5,000)

    Your not responsible for what is put on their claim form and if they want it sent to their mum, send it,

    Dear Third Party Mum, I hold you responsible for damage to my motor vehicle as a result of an accident on 10,10,22 as per the attached quote please arrange settlement to my bank account, EFT details supplied in full within 21 days.
    Regards, hrayn3

    Its not rocket science

    • leiiv on 18/11/2022 - 03:42

      Yeah, I am baffled to see a lot of people giving "moral" advice which may be moot after all. It is likely there is no need to lie or not to lie in the first place after all.

  • BuddhaBoy on 17/11/2022 - 23:08
    +1

    Plot twist -

    OP is ‘Her’.

  • rlf on 17/11/2022 - 23:39
    -2

    I'm going to go against the grain here and say lie.

    It is insurance fraud however you're not the one on the hook for it - they will be.

    That's their decision and lying is in your best interest to getting paid.

  • CoreJava on 18/11/2022 - 00:54

    Waste of space. Nothing to see here. Just go to church and confess.

  • co doonunda on 18/11/2022 - 09:36
    +2

    Always shocked how misinformed people are regarding car insurance, some of the comments here are so confused. A basic rule to make one of these issues simpler, if you can't afford to just write-off your own car, call it a loss and buy a new one, then you should have comprehensive. If you can't afford the comprehensive, then you can't afford the car.

  • THICKnSLOW on 18/11/2022 - 09:41
    +3

    Why has this thread gone onto 3 pages

    • Herbse on 18/11/2022 - 17:47

      People are unaware that OP told their insurer the truth after a few comments. The insurer then told them that there's nothing they can do. And I assume OP is now looking up prices of small claims lawyers.

  • lint on 18/11/2022 - 10:05

    Don't lie to your insurer. Everything will be sorted out since you're not at fault and can prove it. She may get nothing if she lies to her insurer.

    I don't even know why she needs to lie about this. Car insurance generally covers whoever is driving the car, whether or not they're listed in the policy. The only thing is excess if the driver is under 25, but that's their problem, not yours.

  • RichardDo on 18/11/2022 - 11:23

    Tell the Truth always the best

  • syousef on 18/11/2022 - 15:27

    So you thought it was a good idea to ask on a public forum if you should commit insurance fraud? REALLY????

    • Herbse on 18/11/2022 - 17:45

      To be fair. It does look like they used their burner account.

  • [Deactivated] on 18/11/2022 - 18:08

    Just say it was the mum and don't ask for this sort of advice here

    Unless you want to be lectured about what's ethical and what's not

  • BAM51102 on 18/11/2022 - 20:28

    Omg.
    Just say have no idea who was driving at-fault car. You were a bit shocked during the accident and by the time you got out of your car and started to understand what is going on , you have seen mum-at-fault saying she was driving at-fault car.

  • HoLeeFuk on 18/11/2022 - 22:00

    Never ever lie in any situations.

  • johno3456 on 18/11/2022 - 22:52

    You have to check your pds. As others have said, it may be treated as uninsured and capped at 5k.
    It is a real possibility the driver is not covered, or they may elect not to claim on their insurance. it depends on their policy terms.
    Hopefully, the driver has a job or money or you have time.
    You may have to go small claims court / vcat or like to prove the claim and damages. If the at fault driver is unemployed, they may go on a payment plan. You get $10 a week, or the like, and have to follow up every year, until they forget to pay or move interstate etc.
    You could try these guys
    https://tpclaims.com.au/

  • ihfree on 19/11/2022 - 08:27
    +1

    Don't commit fraud. \thread

    Love the ASCII diagram.

    On a side note, another driver's dashcam was on but only saved the aftermath because it deletes old recordings, or there's some kind of 1min recording interval? Definitely getting a dashcam after this, but if that's how they work what's the point?

    My dashcam also has a feature where it fails to capture incidents where I'm at fault.

    If you want to be kind to them, offer to do repairs without insurance. Get a few quotes.

    I also went through a few years of third party, fire, and theft, but stopped for exactly this reason. Comprehensive means an insurer is doing all the legwork if something like this happens.

  • intelseb on 22/11/2022 - 23:16

    Don't lie it could backfire if the mum denies it.

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