Not At Fault Car Accident - Any Experience with TAMMS?

Hi, my car was rear ended and I'm not at fault.

If possible I would like to avoid putting a claim through my insurance to keep my record clean.

Anyone have experience with https://tamms.com.au/ to share?

The at fault driver advised that their car is insured with budget direct. Would it be better to claim against their insurance directly?

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Comments

  • +14

    Not at fault = should be no adverse impact to your record.

    You pay insurance so they do the work when things like this happen.

    • +1

      With policy renewal, there is always the Q whether you have make a claim (even if not at fault). By clicking on it, i notice the premium does increase slightly. Hence considering my options

      • Can you provide a screenshot. That doesn't sound right.

      • +2

        You are not making a claim on your policy. You should be asking your insurer to assist you in claiming on the other persons policy. I suggest that you read your PDS as it most probably says that you need to inform your insurer of every collision, regardless of fault or if you are looking to claim.

        For example -
        1. you got rear ended, the other party stopped and the other party is insured and you used your insurer to assist you in claiming on the other party insurer
        2. you got rear ended, the other party did not stop and you were forced to claim on your policy

        Both examples you are not at fault. HOWEVER, in 1. there is no claim on your policy. in 2, there is and it's example 2 that you must declare on future policies.

        • Actually for Option 1, you still do need to declare on future policies. If you don't and have a future incident, Insurance Companies can fault you on a false declaration and make your claim void.

          • +1

            @cheapjunkie: Can you link something to confirm your standpoint?

            In the OP's scenario, the other driver is making the claim for the damages to both cars. The OP is simply a victim.

            • +4

              @oscargamer: https://www.comparethemarket.com/car-insurance/content/do-no…

              Do I need to declare a non-fault claim?

              Yes. You need to declare all accidents that you’re involved in, regardless of who or what was at fault.

              Almost every insurance provider will have a clause in their policy requiring you to declare any incidents you’ve been involved in while driving in the past 5 years. If you don’t report something and your insurance provider finds out about it later, they could invalidate your policy.

              • @cheapjunkie: I must be blind. Where in your link does it say "Yes. You need to declare all accidents that you’re involved in, regardless of who or what was at fault." ?

                • +1

                  @oscargamer: Last 2 Paragraphs just before "How can I lower the cost of my insurance?"

                  I personally know this to be the case as it happened to me last year and during renewal was told I will have to declare it despite mine being a not at fault claim. The premium did go up slightly by about 30 dollars but my no claim bonus was not affected.

        • +1

          You are not making a claim on your policy. You should be asking your insurer to assist you in claiming on the other persons policy.

          It is actually still classified as a claim. The non at-fault claims are often recoverable but not always, so they're not just "facilitating" the claim - they're wearing the risk in the event that the at-fault party doesn't pay up.

      • Usually there's a follow up question that asks for the details of the claim

        e.g for AAMI it goes into asking if the claim resulted in you needing to pay an excess or not (at fault or not)

  • +4

    Let your own insurance company deal with it rather than some dodgy third party middle-man (who'll then charge the insurance company an arm and a leg for doing nothing).

  • +1

    The at fault driver advised that their car is insured with racv.

    That's great. RACV are good in my experience. Just let them deal with it. Too easy.

    • That's what I reckon too. However, my claim against them will be dependent on them making a claim through their insurance provider right?

      • +3

        Correct, only the policy holder can make the claim with RACV.

        Ask the person that hit you for their claim number and give RACV a call to discuss repairs and hire car. The not-for-profits are usually better to deal with.

        • -1

          RACV will only deal with their customer or the other insurance company. They are not at liberty to discuss their customer's circumstances with the other party (not at fault). The not at faulty party notifies their insurance company giving them all the details of the at fault party and then they (the insurance company of the not at fault person) deal with RACV.

          • @Leanne59: What if the other party (not at fault) didn't have insurance?

  • +1

    Would it be better to claim against their insurance directly?

    You can do it if you have the time in your hands. Sometime, you will need to pay and get it reimbursed later.
    Its easier to let you insurance company handle it. You have been paying them for this…

  • Either DIY and deal direct with their insurer or claim on your own. No point trying it on with another service that is purely there to collect some of the proceeds of the claim - which comes out of your (and ours) premiums.

    If it’s a cut and dried claim dealing with RACV shouldn’t be too hard. If your car is simply to be repaired it’s straight forward. If it is to be written off, then you may need to negotiate for value of the vehicle as they’ll offer low first up.

  • Put it through your own insurance as "not at fault". This is literally what you pay your premium for, so they can do the leg work. You may have to pay the excess, but this is usually refunded when they have passed the bill to the at fault party. It will have little to no effect on your policy if you have all the other drivers details and they are at fault.

    If you are worried about it being reflected in your history, then also know that you need to inform your insurance company if the vehicle has been in any accidents or has any accident damage to the vehicle. Lying about or withholding this information could cost you your insurance when you do need it.

    Companies like the one above are just adding a layer of lazy tax to your claim. They are basically ambulance chasers looking to just piggyback off your misfortune. A lot of them have T&C's that include that if they cannot recoup your money from the 3rd party, then you are on the hook for their expenses.

  • +2

    I was rear-ended last year. The driver had comprehensive that he provided details on but he refused to lodge a claim. My insurer fobbed me off cos my policy is TPPD. His insurer refused to accept my claim as the driver never lodged the accident with them so I am screwed. I was told by the Police that they do not get involved unless someone is injured and to lodge a civil claim against the driver if he refuses to pay up. Anyway the lesson is always buy comprehensive so you just give the insurer the other driver's details and they will chase up for you.

  • If possible I would like to avoid putting a claim through my insurance to keep my record clean

    headdesk.gif

  • Just as an update to all, the at fault driver is insured with budget direct and as am i. In this case, i will need to lodge a claim anyhow with budget direct ad my insurer. Its will be shitty being not at fault and premium still increases at the next renewal

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