Minor No Fault Accident- Worth Making a Claim with Car Insurer?

Hi Forumers,

First time this happened and would like some advice on how to proceed

Unfortunately had a van reverse into mine when getting out of car park. I honked to stop the van from reversing but the driver didn't see me, thanks to her car full of items. She stopped upon impact and moved forward. The driver was apologetic and sent her details. I have comprehensive insurance and the damage to my car seems to be limited to the front fender from what I can see though the steering feels a bit funny, could also be from the stress/ anxiety of this incident.

Though I am not at fault, considering the probably the lengthy processes and the fact that I only have a car needed for daily activities, is it better not to claim and fix it by paying myself? I am considering the premium increase despite being 'at no fault claims'.

Comments

  • -5

    You have the other driver's insurance details as they are required by law to supply them. Put a claim in with their insurance.

    • +3

      You can't claim on someone else's insurance policy.

      You claim on yours, give their details, and your insurance company deals with it.

      • -2

        Yes you can. You get the claim number from the at-fault driver. By law, they have to provide it to you.

      • You can send a letter of demand to the other driver, they can choose to pay or to claim.

        You are not making a claim, and you can answer no to have you made a claim which may save money

        • The person can still refuse to pay or lodge ay claim.

          Making a claim doesn't automatically increase insurance nor does it cost you money if you can provide the driver details as it's not your fault.

          Insurance companies don't really care if you lodge a claim that isn't your fault, they mainly care about at fault claims.

          • @newjerseydamo: If they refuse to pay you can get a judgment from a court if they have insurance it will never get that far anyway.

            In my experience making a claim can increase your premiums even if its not your fault. Also other insurers ask that question so you wont get the best deal shopping around

            I have aucessfully done this multiple times keeping my no claim status in tact

            • @Tleyx: More effort and stress than needed. It's why you pay for your own insurance.

              Considering I've worked in insurance and also have taken out insurance for multiple vehicles with different types of accidents on them, claiming doesn't automatically increase your premium, like I said previously.

              But you do you.

              • @newjerseydamo: More effort but cheaper. If you aren't able to change to the cheapest insurer anymore that could cost you thousands

                This is a bargain site so i thought people would want to save money.

                A letter isn't that much effort. It's really worth a try even that. That works a lot of the time in my experience

    • +2

      The only thing you are required by law to supply after a motor vehicle incident is your name and a contact number. You are under no obligation to give anyone your insurance details.

      Their insurance will tell you to go away and that the only person that can make a claim on the policy is the policy holder. You cannot put a claim in on someone else’s insurance policy.

      What you do is initiate you own insurance provider who will then contact the other driver and send them the bill for the damage with a nicely worded letter stating that the at fault party need to cough up or see them in court.

      At that point, the at fault party can then contact their insurance provider and start the claim process (if they haven’t started it already), or just pay up for the damages out of their own pocket, or ignore the request, let it stall out for a year or two and then post on OzBargain about how they don’t have insurance…

      • South Australia law you must,
        Supply driver's name and address,
        Vehicle owners name and address (if different),
        Vehicle registration number,
        Vehicle insurance details.

        I'd assume other jurisdictions in Australia would be very similar.

        • +3

          In OP’s state, you are required to give the following;

          • your name and address,
          • the name and address of the owner of the vehicle (if you are not the owner),
          • the vehicle registration number, and
          • any other information necessary to identify the vehicle.

          From the SA government law handbook;

          Give their details including their name and address, the name and address of the vehicle’s owner, and the vehicle's registration number (or any other information necessary to identify the vehicle) to any other driver involved, any person injured (or their representative) or the owner of any property that has been damaged.

          There is no legal requirement to give your insurance details after a collision. In OP’s state, OR yours…

          • +6

            @pegaxs: Damn, you are correct. Everything I've known about this is all a lie.
            Australian Road Rules
            under the Road Traffic Act 1961

            Part 18—Miscellaneous road rules
            Division 1—Miscellaneous rules for drivers
            287—Duties of a driver involved in a crash

            (4) For this rule—
            required particulars, for a driver involved in a crash, means—
            (a) the driver's name and address; and
            (b) the name and address of the owner of the driver's vehicle; and
            (c) the vehicle's registration number (if any); and
            (d) any other information necessary to identify the vehicle,

            • +4

              @Bruceflix: I've upvoted because you showed that with new information, your views have changed.

  • -2

    Other option is to claim it on the other drivers insurance…

    • +1

      You can't claim on someone else's insurance policy.

      You claim on yours, give their details, and your insurance company deals with it.

      • -3

        Actually you can.
        You wait for them to put in a claim, and then call their insurance company with their claim number and say you want to make a third party claim for not at fault.
        They're not required to give you their claim number, but some do. Or you can draft a letter of demand and most likely they will submit to their insurance company and they will contact you.
        I just got paid out for claiming on their insurance.

        • +1

          Yeah, but you didn't claim on their insurance, they claimed and the insurance company paid you. There is a big difference between what you just said and your original comment suggesting you can claim on someone else's insurance.

          If the other party doesn't want to or refuses to submit a claim, you have zero authority to go to their insurer (if you even know who it is) and start the claim process. Without the policy holder submitting or initiating a claim, there is nothing you can do with their policy.

          The only thing you can do is submit a letter of demand for damages to the owner and it is then up to them how they wish to pursue it. If they choose to not pursue it, then your only course of action is court action to enforce the damages bill, and even then, they still dont have to deal with their insurance and their insurance company will still decline to deal with you, as you are not the policy holder.

  • +1

    why are you asking, just do it

  • +6

    Make a claim. Your insurer will sue them for the money. Quicker and easier.

    • +2

      This. I've done this. You just relax and let them handle it.

    • -1

      Dearer

  • I honked to stop the van from reversing but the driver didn't see me, thanks to his car full of items. She stopped upon impact and moved forward.

    So you were hit by a female van that thought it was a car?

    • Probably a female van that identified as a car and go by she/his.

      • +1

        Wonder if it was a handicapped space given the deaf van and blind driver.

      • That’s extremely rude. It’s toot/toot/chugga/chugga/big red car

      • I thought the 'Carthers' went by the pronouns zoom/vroom.

  • +3

    I have comprehensive insurance
    I am not at fault

    Tell your insurance, that's why you pay them.

    probably the lengthy processes

    Nope, let them work for you.

    I am considering the premium increase

    You are not at fault, so either you lie and say you have never been in an accident or you tell the truth and say you were not at fault.
    Protip: lying is more expensive

  • +1

    If you have the contact details of the other driver, it wouldn't be poor form to first ask her if she wants to pay out of pocket or for you to go through insurance so that both of you avoid the insurance increase.

    • I did ask her and she said it was a company car.

      • -1

        get the company name and ask the company

  • +3

    This exact scenario happened to me last month. Driver reversed into me in a car park. I was stationary. They are at fault.

    I claimed with my insurance. Zero excess, they will then recoup costs from the other parties insurance.

    The alternative is you can just claim directly with their insurer but I pay my company to deal with it for me and so should you.

  • +2

    Why wouldn't you claim it. It's a lengthy process… for your insurer. It's business as usual for them, it's what you've been paying them for. You're not at fault so it won't affect your premiums, your excess, or anything at all for you. You don't need to even think about it, it all happens behind the scenes. Anyone tries to cause you bother over it tell them you don't want to hear it, that they should speak to your insurer.

    • Your premium increases even after not at fault claims

      • +1

        Well it can increase, but it won't necessarily increase. Premiums can increase for any reason including not at fault claims. Your insurer may or may not recover all the costs of repairing your car from the at fault person's insurance, apparently it's all variables behind the scenes. You may be charged an excess and it may be refunded when the at fault person's insurance pays out.

      • Increases slightly every year regardless of claims in my experience, but I had a 2 cars written off claim and no impact on premiums. I'm assuming others have different experiences, or it it all a social media campaign by insurers to scare people into not claiming?

        • This is personal experience, my parked car got hit and my premiums increased significantly. Also when you're getting quotes, they ask you to list all claims in the last 3 years, whether at fault or not.

          • @fredblogs: How they work out premiums is a complete mystery to me. Definitely worth shopping around. I experimented with leaving the claim out of the online application to see how much difference it made and it was nothing. Just passed 3 years now and also have not got a decrease now I don't need to list it.

  • +1

    Claim it on your insurance, let them deal with it, and have a mechanic/panel beater properly inspect the car for any and all damage. There may be damage you can't see or know about.

    Your insurance company will make them or their insurance company pay. That's what it's there for.

  • +1

    Get the at fault driver's claim number & insurance provider, ask for hire car, get car fixed

  • +1

    post a photo of the damage to your car.

    sometimes it's not worth every ones time, effort and $$$.

    e.g. I was sitting out front of a coffee shop drinking my latte and an old bloke left with his coffee, got in to his ute and slowly reversed into my car. He stopped, got out and we both looked at the 2 joined cars. His tow ball had hit my bumper and slid between a gap. I told him to get back in the ute and slowly move forward. he did. the underside of the bumper had a slight crease that you could only notice if you looked down carefully at the right angle. old mate was ready to give his insurance details. I told him to not worry. I wasn't going to make a claim for the smallest of marks (which you'd have to look for) on a 9 year old car. I have comprehensive but the other guy would be paying his excess of $$$ to replace a piece of plastic and the panel beater would be charging the insurance company several thousands for the new part and paint matching.

    meanwhile multiple (profanity) at supermarkets have banged their doors in to my car and not given a (profanity). or the 2 maggot drivers who hit my vehicle and drove off.

    • +1

      It's a minor dent from what I can see. So considering if it's all worth it for the reasons you said exactly.

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