Issue with Insurance, Accident Happened, Not My Fault

Hi, early morning today (Thursday 28/09/2023), A car skidded and hit me.

I took photo of the driver's licence, rego no, and a video proving that he is at fault. In the video, he told me had insurance. I have full comprehensive insurance from Budget Direct. I contacted them and they said my insurance has been suspended and under review for the last 3 days because the regular driver (dad) has a higher age difference than the car owner (me).

The lady on the phone told me these options:

  1. Hopefully Budget Direct accept my claim
  2. If they don't accept the claim, I have to politely ask the person who's hit me to get his insurance details and that insurance will take care of it.

I asked the lady on the phone if the guy lied to me by not having insurance, what should I do? Should I go to the police? She told me no and said I have to deal it outside.

I know Budget won't accept my claim. After this issue with my car is sorted out, I will switch to some other than Budget.

I messaged the person asking his insurance company and he replied:

Sry mate just go through your insurance and they can let me know what's the smash repair bill, you got my details and please pass it to your insurance and I will take care of the rest

This is my first car accident, and I do not know what to do. Please give me some suggestions on what I should do. Should I wait until the review is done? or Should I go to a mechanic and get a quote and send it to him? or Should I go to police?

And for people who are asking if I put my dad's name as regular driver to reduce premium, the answer is no. We recently moved interstate and transferred to my name. In fact the price of the insurance doubled after transferring to my name.


Update Oct 4

had Budget Direct Comprehensive Insurance but I'm not lodging a claim with insurance due to delaying time and I had an underwriting issue. This is not the problem.

The issue is with the other party who is at fault. He says he is only happy to proceed if I am going through my insurance. I have a video recorded saying that he admits he caused the accident. He skidded his car and hit me but he keeps denying it. I told him, I will get a quote and if you don't pay up I have to go ahead through court. He says he is happy to go to court. I live in NSW. Is there any not-at-fault panel beaters who can take care of this on my behalf of me? or Should I get a quote and send a letter of demand? If he doesn't agree to pay (which he won't) I have to go to court but I don't know the procedure. Any idea on what is the next move would be great.

Also, I couldn't get his home address. I only got his Car Rego Number and International Driving License.

Comments

  • +1

    An insurance claim with a twist.

    I contacted them and they said my insurance has been suspended and under review for the last 3 days because the regular driver(dad) has a higher age difference than the car owner (me).

    So it was a coincidence they suspended your policy before the accident? When did you purchase the policy?

    Did you get cheaper premium including your dad as regular driver? Prepare to prove he is.

    • +1

      We recently moved interstate and the name of the car has transferred to my name because of the state license but my dad is the regular driver. And the answer is no for the cheaper premium. I purchased the policy on Jan.

      • +2

        I'm also with budget direct, you can list other regular drivers in the policy, it will increase the premium.

        I remember there was also a checkbox or something saying there is no cover for drivers under 24 or anyone with less than 2 years of driving experience. Are any of those checked?

        • +1

          Yes, no cover for drivers under 21 or anyone with less than 2 years of driving experience. Both of them checked and I am more than 21yrs old and more than 2yrs of experience.

      • As soon as there are irregularities between ownership of the vehicle and policy particulars, tou are setting yourself up for hassle.

        As mentioned below, your best course of action may be to withdraw the claim (before it is denied), pay for these damages from your own pocket, and shift insurance elsewhere.

        It's a tough lesson, but you need to have these sorts of affairs in order and not just take the "she'll be right" attitude when registration details change due to interstate movements, etc.

        • why withdrawn claim do ?

          • +1

            @capslock janitor: Otherwise op's gonna have trouble with next insurarer. When answering "have you got denied any previous insurance claim ?"

          • +1

            @capslock janitor: Because any time you go to sign up for insurance one of the questions they ask is if you have had any claims denied in the last X (2,5?) years. (edit: could be ever, not X years…)

            If OP leaves claim in and it gets denied, they'll be saying yes to that question and either getting denied insurance or a higher premium.

            If OP withdraws claim, then they can continue saying no to that question.

    • Yes certainly a difficult and rather unusual one.
      Would be hard for anyone to provide useful advice.

      OP may need to get advise on how to make a claim against the other driver.

      Usually get 3 quotes and send with a letter of demand
      Im sure there must be a template somewhere online
      May need to lodge a claim via "Small Claims Court" if the other driver avoids thier responsibility

      PS If OP moves to another insurer they need to check the underwriter as they set the rules.
      Budget Direct's underwriter is:
      Auto & General Insurance Company Limited

      Auto & General Insurance underwrite many of the low cost insurers so beware who you choose OP

      Good luck

  • I contacted them and they said my insurance has been suspended and under review for the last 3 days because the regular driver(dad) has a higher age difference than the car owner

    So just wait until Budget has done their review ??

    • I would like to know the options if the budget declined the claim

      • +7

        You will be without insurance and will need to privately chase your own damages through the courts.

        You will also have to answer yes when asked the question by insurers in the future "have you even had a claim denied, your insurance cancelled or renewal declined by another insurer"

        • +1

          I understand I have to say yes for " have you even had a claim denied, your insurance cancelled or renewal declined by another insurer". What will be the implications of it?

          • +2

            @zion1997: Will be harder to get insurance in the future.

          • +3

            @zion1997: Most insurers will decline to offer insurance if you have to answer yes to this question. The industry have a shared database also so no use in lying.

            In short most insures will not want to deal with you any more.

            • @stringbean402: Is that in perpetuity or for X number of years? That seems pretty unfair if so.

              Could OP technically withdraw the claim and therefore not be subject to this? They'd be out-of-pocket or pursue through courts I guess.

              I don't think I could deal with the paranoia and anxiety of not having comprehensive insurance.

          • +2

            @zion1997: You should probably take out a short term insurance policy somewhere if you don't have insurance right now. Assuming your car isn't written off.

    • +8

      WFT is this? It is ok for them to take your money/payment instead of rejected the application right there because of this? Lawyer up.

      • 100% whats a ridiculous scheme

  • +14

    Headache.Next time you better choose RACV.A bit more expensive but it worth it.

    • +7

      Yep, this is classic Auto General behaviour (Budget + others all underwritten by them). I've found Suncorp and RACQ to both be good.

  • Did you nominate your father as the regular drive in order to get a reduced premium?

    • +2

      No, infact premium got increased after the car got transferred to my name

      • +5

        So you are listed as the rdgular driver and are paying for that. Very wierd.

  • +4

    Just go to some panel beaters and get a few quotes. Get a quote on a rental car for the expected repair period. Send them to the guy that hit you. When he pays up get your car repaired. BTW - they aren't going to pay up.

    You don't always have to go through insurance.

    I assume your car is still drivable.

    I have full comprehensive insurance from Budget Direct.

    Pay cheap. Pay twice.

    • Yes, my car is still drivable.
      What if the guy rejected the quotes and wanted to go through the insurance even if my insurance company rejected my claim.

      • +3

        It's not up to him. You send him the repair quotes which will probably be cheaper than going through insurance anyway. The first thing a panel beater will ask…

        is this through insurance or private?

        If the guy doesn't pay then you can send a letter of demand, try the small claims court or lawyer up. You choose.

        • +2

          Isn't that why the other guy pay for insurance? So they don't have to deal with this even when they are at fault?

          • +1

            @CodeXD: That's why insurance is a scam "some" of the times. Insurance companies are happy to take your money and will ask you to upgrade to a higher tier. But when it comes to you taking a claim they'll slap you with all these extras or downright just deny your claim.

            What's the point of insurance then?

      • +1

        usually you will have to lodge a claim and the judge hears all evidence and then will likely rule in your favour then they have 28 days to pay and when they don’t pay you need to go back to court and say they didn’t pay then they start the process of taking money out of his pay or seeing what assets he has

    • I read this a..go to some beaters…send to the other guy :

  • +11

    Pay peanuts, get monkeys. Never had this problem with NRMA

  • +14

    Pretty common practice for parents to insure a vehicle as the primary driver and add their children to the insurance as a so called "additional driver". However it's not a very smart thing to do when it is the child's vehicle, owned and registered in the child's name, and possibly also at a different address. Recipe for disaster.

    The insurance coverage is going to be denied as the cover details are fraudulent and do not accurately represent the usage scenario of the vehicle.

    Unfortunately the OP is going to be their own chasing the costs for this accident. The insurance will be null and void due to lying about the details.

    • What will be the implications of this? Will I able to get another insurance company?

      • +2

        You will likely have your policy cancelled. Most insurers will also decline to cover you based on this. It's generally a question they ask when quoting.

        This will also cause the same issues for your father going forward as he is also a party to the insurance policy.

        • so what car owners usually do when this happens ?

    • +4

      This maybe true for cheap insurers but not NRMA, anyone not named can drive your car and be insured (stated in the PDS), if under a certain age then you just pay a slight premium, but they won't deny the claim.

      • +2

        There is a difference to allowing anyone to drive (effectively unnamed additional drivers) and fraudulently claiming who the primary driver is(not suggesting that is what the OP did). This would still be a problem at NRMA if they think you lied to get a cheaper rate.

    • +1

      When I insured my kids, for a car in my name I listed them as the primary driver. Insurance premiums went throgh the roof but this was the safest way.

      OP didnt give a timeline but if they randomly cancelled it without notification, I would think you would have recourse if you never lied to them.

  • +1

    Everytime i have to claim insurance always giving me a headache, heartache, at the end of it they always win… i hated it

    • +2

      Sounds like you were with the wrong insurance company, assuming you had a robust case.

  • +3

    There is firms that will do this for you. They just load up the claim and try to squeeze the insurance company who was at fault. You can just give them the details. They suck but they will get you out of a bind like this.

  • +1

    Did they advise you that the insurance was suspended before you drove? If so, how?

    Also, what does your PDS say about when they can suspend the policy?

    • +5

      Did they advise you that the insurance was suspended before you drove?

      This is what I would take issue with them, and refer to the industry ombudsman.

      I can see why they might suspect fraud, and investigate.

      But I would have thought that they can not suspend your coverage, and leave you uninsured, without advising you that you are driving without insurance.

      • No they haven't told me. I asked them why? They said they tried calling me and sending me an email. Didn't receive anything

        • +8

          That is pure BS. I, suspect, they would need to use a registered letter to get away with this rubbish. Tell them you are going to the insurance ombudsman and see if they back down. Best of luck.

  • +12

    Insurance companies will try and weasel out of it…especially a BUDGET insurance company. Take them to task and say you will take it to the insurance ombudsman if they don't play ball.

  • https://financialrights.org.au/motor-vehicle-accident-proble… has a walkthrough of what to do, with factsheets and template letters

  • +1

    The OP does not have to go through his insurance company for this or any other matter. Fortunately in this case he's not at fault.

    So while it might make things difficult to get this matter dealt with, he has a far bigger problem if his insurance company decides to cancel his insurance on the grounds of fraud, because he will them have to declare that, and won't be able to get insurance to cover him for future matters where he is at fault.

    • +2

      Why do you think they would cancel my insurance on the grounds of fraud? I was being honest. We relocated to nsw, the car was transferred to my name from my dad and he is still the regular driver

      • Even if they do - if what you are saying is true - then you should be able to appeal and provide them with evidence to prove what you are saying (such as that it used to be in your dads name in the other state, and proof you have another car or whatever so aren't the one usually driving it).
        When they next contact you, if you haven't yet received their email then get them to resend it or post it so you have a record. It seems very coincidental that they "claim" they cancelled your insurance 3 days before your accident but didn't notify you and you had the policy since January (would make sense if you recently bought it - but I smell that maybe you have miss-heard them and they have cancelled your insurance the day that you called them and told them about the accident so they try to not pay out. You should get all of that in writing because if they do ban you then its going to be hard for you to get any other insurance (and more expensive) so you will want to challenge them and get it overturned if you are telling the truth.

  • +6

    Lady at work was with Budget. Her car got hit, and the other driver was at fault. Budget took 18 weeks to get the car fixed. She had to go through all sorts of hoops and ombudsman etc. I would never use them.

    • I had the same experience a many years ago I was not at fault , and budget direct had me jump hoops such as providing to them a history driving police record. Never again with budget from then on .

  • +6

    Make a complaint through AFCA, similar thing happened to me after a minor bingle. Went ahead with a AFCA complaint and Budget called me two days later asking where I'd like to get my car fixed.

    • Had similar experience with budget direct as part of travel insurance I took before Covid pandemic even was a term.

      You will have to ask for an IDR first, expect that to be rejected, then you can claim with AFCA. Attach all correspondence and proof to AFCA claim and ensure everything is written or via email.

      AFCA can make a binding, independent decision if budget direct still does not play ball. They have quite a lot of power.

      Had to go to AFCA twice (against budget direct) and in the end both times got my money as per T&Cs. Never ever getting budget direct again and recommend you go to AFCA as well, as it seems to be their modus operandi to reject claims.

  • +2

    I have full comprehensive insurance from Budget Direct. I contacted them and they said my insurance has been suspended and under review for the last 3 days

    I keep trying to tell everyone that the cheapest insurance is not always the best. They're all good when you're paying them. It's easily the opposite when they're supposed to be paying you.

    And for people who are asking if I put my dad's name as regular driver to reduce premium, the answer is no. We recently moved interstate and transferred to my name. In fact the price of the insurance doubled after transferring to my name.

    So the insurance policy is under your name only? And your dad is listed as the Additional Driver? If it's as simple as that, then Budget won't have a leg to stand on. (Although something tells me there might be more to the story……)

    Please give me some suggestions on what I should do

    Ring up budget and complain - start talking about the formal process and mention escalating to AFCA.

    • So, the insurance policy is under both of our names. My dad is listed as the main driver and the car is under my name. We both are living in the same house and he is yet to transfer his license to the new state.

      • So, the insurance policy is under both of our names.

        On the Certificate of Insurance (the document they issue after payment), is your name actually listed in the additional driver (and they've already got your DOB) section?

        • Yeah, it says, Regular Driver is my dad and Listed driver is me. They got both of out DOB

          • +3

            @zion1997: In that case, I think you'll eventually be alright in terms of coverage. It's not unusual for the company to investigate (and look for ways to deny your claim) but it might take some time.

            What helps here is the incident occurred as a result of the other driver's actions so, regardless of who was in the driver's seat, it wouldn't have made a difference to the incident. To flat out deny a claim, they have to be able to show that the "reason" that they're denying the claim has somehow contributed to the incident.

    • +5

      They're all good when you're paying them.

      You see, you know how to take the insurance policy, you just don't know how to pay out the insurance policy. And that's really the most important part of the insurance policy: the paying out. Anybody can just take them.

  • +2

    the only way your going to achieve anything here is:

    Bikies.

    Bikies to Budget Direct.

    and

    Bikies to the guy that hit you.

    Good luck.

    • To be fair..the guy who hit him seems to be playing fair.?

  • they said my insurance has been suspended and under review for the last 3 days because the regular driver (dad) has a higher age difference than the car owner

    Did they notify you of this?

    Doesn't seem right that they can accept your money but then suspend your insurance without telling you, leaving you unknowingly uninsured.

    • No, I asked them if they have notified me or my dad. The lady on the call said the company tried calling the phone but no response so they sent an email but I didn't receive anything like that.

      • Did you or your dad get that email? It's 2023, pretty reasonable to assume someone will get an email the same day it is sent.

        • +1

          It's 2023, pretty reasonable to assume someone will get an email the same day it is sent.

          Maybe the insurer uses Aus Post broadband & didn't pay extra for same day email delivery?

        • +1

          Budget email servers too :)

  • +2

    Why did you transfer the car into your name if it is dads car and dad is the primary driver?

    • We moved to NSW and I had NSW license but my dad had other state's license

      • +1

        So he soesnt have another car or anything? If not you should be fine.

  • Hey OP, about your insurance policy, does Budget Direct send you any communication in regards to this suspension? To help with your policy review, make sure to send them proof of relocation and proof of transfer of vehicle ownership.
    If the outcome is a negative review then you are up shit creek as you are now self insured. You can send letter of demands and go to XCAT but as soon as the other party knows you are no longer insured, they will disappear. You need to play it nicely and asks for his insurance company name. Say something along the line of "I don't want to go my insurance as it will raise my premium, could you let me know your insurance details?" or "My insurance company is asking for your insurance details. Could you let me know?"

    Otherwise, it'll be a painful battle to get your money back

    • +2

      as soon as the other party knows you are no longer insured, they will disappear.

      This is unlikely to happen imho.

      If your insurance falls through then just get a couple of separate quotes so you can demonstrate the amount is fair. Get it repaired privately and send him the bill.

      If he doesn't pay, then you take him to NCAT and he will be ordered to pay.

  • +2

    Might want to get the right day and date for the incident. Hi, early morning today (Wednesday 28/09/2023), A car skidded and hit me. 28/09/23 is Thursday.

    • Sorry, that was on me not the OP. Maybe an Arthur Dent moment. I have fixed it now.

  • +2

    Lol, Budget Direct out the window and down the slippery dip as soon as you need to make a claim

  • +3

    AFCA. Today. Not tomorrow. Not after they contact you later. Today.

  • It’s been suspended for 3 days pending review? Did they tell you this? Were you aware of the suspension? Check your junk mail etc.

    Push them on why you weren’t informed you were no longer covered and say that you would have corrected the policy if you’d known and it’s not fair they are denying a not at fault claim and you’ll probably need to go to the ombudsman.

    If they have informed you properly, then you’re a little bit screwed and will need to chase the pther driver.

    • I checked my email and my dad's email. Didn't receive anything like that.

      • +2

        Call them back and challenge them on it. If you are ostensibly doing the right thing (not drunk or suspended licence etc) they should not be able to stop your cover without notifying you.

        Read you PDS thoroughly and see if they have a similar clause or anything related to your situation.

        It’s entirely possible they are spinning you a line hoping you’ll go to the other party and not bother them.

  • +1

    sound bullshit, you paid the insurance in Jan for the whole year, so you should be covered.
    If they want to suspend or do anything they have to inform you in advance.

    • +1

      With the exception that budget direct (pretty sure it was them when I read the PDS) and other cheap insurers often do not cover drivers that are not listed that live with the owner of the vehicle. There is no ‘not a regular driver’ clause.

      The ‘suspended for 3 days’ sounds BS.

      • he is listed, just not the main one.

  • +1

    I remember years ago when I had tweaked things a bit in my favour by registering a cheap first car for my daughter in my name. I was the insured but she was authorised to drive. Yes it really was her car but I had paid for it and she was paying me back.

    When she had an at fault single car accident, NRMA sent an investigator to ask questions. He tried multiple times and ways to get me to admit it was really her car. But I stood firm and said it was mine. They stalled for 6 weeks until I sent them a letter "Please cancel all my policies (6 I think) if this is not approved by (date)". A couple of days later they folded and approved it.

    I have no doubt they have become much tougher in the years since.

    • I don't get it - if your name is on the rego papers how could they argue in any way that it's not your car?

      • How would this have gone down? "Yes, it's actually her car. I just put it in my name because the premium is cheaper."

        • +2

          Technically I though it is ur car though and in ur name

  • +2

    Avoid Budget Direct, never had a good experience with them.

  • +2

    Why does everyone suddenly make an OzBargain account after getting into car accidents these days

    • +4

      It is in the pds nowdays of most insurers

      'After making a claim, you are obliged to upload your details onto ozbargin who will deal with your claim going forward and reach a robust decision

  • +1

    Just wait for their review. If it is negative or takes too long threaten them that you will go to the fca, financial complaints authority. Insurance companies hate fca complaints , cost them heaps more than just the repair cost. Sounds like budget are trying it on. Nice to know though, will avoid them in future.

  • This is easy. There are law firms who specialise in this stuff. They will arrange repairs and even hire cars, and sort it all out. One example is EC Legal in Melbourne.

    • But is the cost reimbursed ..?

  • +1

    I tried a quote then:

    Will you be the regular driver of the xyz?
    This is the person who drives the car most of the time. Only one person can be the regular driver.

    Yes, I will drive the car the most
    No, someone else will drive it more than me

    Will any driver (including a spouse or household member) be younger than the regular driver?
    This refers to any drivers younger than the regular driver that may drive the car during the term of insurance. This should include any household members, as they will not be covered to drive the car if they are not listed.

    Please note: Learner drivers need to be listed if they are household members to have cover.

    Did you answer this truthfully?

    If so I can't see a problem

  • +1

    There have been few budget direct stories posted here in past, I am not sure why people still insure with companies like these just to save a few bucks. they're happy to take your money until you make a claim.

  • +1

    Give them a deadline, have everything recorded via email exchange (not calls), proceed with request for IDR and AFCA as per comments above if budget direct rejects your claim and attach all correspondence, pictures and t&C snippets you have to underpin your point.

    AFCA will support and can enforced your claim if you can provide the “proof”

  • Not sure what will happen with you OP, good luck, but just a reminder, if you are:

    1) Under 25
    2) Using your parent as the primary driver to reduce premiums
    3) Get into an accident

    You will be screwed, you are basically driving uncovered, pay the extra premium or deal with the consequences later. Insurance companies will turn every stone when an accident happens.

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