Issue with Insurance, Accident Happened, Not My Fault

Lzion1997 on 28/09/2023 - 08:27
Last edited 04/10/2023 - 12:34 by 2 other users

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.

Automotive Budget Direct Car Insurance Insurance

Comments

  • jtc13 on 30/09/2023 - 00:32
    +1

    A lot of providers allow for younger drivers but have to pay a higher excess. That said in this example if the other driver has admitted fault which it appears they have then your insurance company would not be looking to charge an excess as you were not at fault. I would be pushing Budget to honour the policy and if they refuse explain to them you will need to go to the insurance industry ombudsman to make a complaint. Insurers are charged pretty hefty fees if you keep pushing and the ombudsman has to get involved. Often this may get the insurer to take a different approach with you as regardless of the outcome of a complaint they still have to pay a large amount to get it resolved. Good luck.

  • lilyesp on 30/09/2023 - 08:03
    +2

    Hm
    I dealt with budget direct ande process was easy but thinking maybe I should change to nrma

  • ddilrat on 30/09/2023 - 10:25

    You said it's not in your dad's name to save money but the whole issue is due to it being in your dad's name as primary driver…so which is it

  • od810 on 30/09/2023 - 18:00

    My wife and I had car accidents few times before and we were not at fault but we only had 3rd party insurance for our old car. We brought it to a local panel beater and he managed to sort it everything out, get the car fixed and lent us one of his car. But i think the other drivers gave him their insurance details.

    I mean it doesn't make sense that the other driver ask you to go through your insurance what if you don't have insurance, the other driver should still be responsible for the insurance claim.

  • andyken on 30/09/2023 - 23:04

    Don't stress, just search "not at fault panel beater". Example Sheengroup quite easy to do if you are not at fault (VIC). They will do the rest and chase the fault party. Talk to them and ask any questions before proceed.

    • zion1997 on 04/10/2023 - 10:25

      Hi, Anything from NSW?

  • greater mimic on 01/10/2023 - 08:45

    Just so I'm understanding correctly, it was your dad's car and insurance and then you transferred car ownership to your name but not insurance?

  • Assburg on 01/10/2023 - 10:48

    Just have a look at unconscionability laws, and… If you message me I'll have a look through my books for it but in short

    1. Insurers and insured parties have a duty of utmost good faith to one another. Go online and get a quote for a budget direct policy akin to what you should've had in your circumstances. If it's similar in price you'll be right, otherwise you'll have been in breach of this duty.

    2. Their failure to inform you that your insurance was suspended is a failure of the duty above, and also pretty unconscionable (legally unconscionable conduct), especially given you were still paying for it.

    3. Based on what you've said, and if you can show it really was just a case of administrative accident and not done for financial gain on your part, then as someone above said, write to them with a deadline for matter to be resolved and mention some of this stuff above (Do your own research first, tho. I don't work in insurance law)

  • Dealsguri on 01/10/2023 - 14:00

    There are few companies (in Victoria- sheen panel repairs) who looks after the whole claim process in case you are not at fault. They will repaire and chase up thrid party and their insurance without getting your insurance involved.
    Even if you are not at fault, claiming will make your premium go up.
    May be try to find similar company near you.

    • zion1997 on 04/10/2023 - 10:25

      Anything panel beaters such as sheen in NSW?

  • vsecotecturbo on 02/10/2023 - 14:26

    typical for budget direct

  • zion1997 on 04/10/2023 - 11:37
    Merged from Not at Fault Accident

    I already had a forum but the situation changed, hence a new one.

    I 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.

    • Drakesy on 04/10/2023 - 11:44
      +9

      Go
      Through
      Insurance

      Court will cost more than your measily premium increase and "delaying time"

      • jv on 04/10/2023 - 11:54
        -2

        Court will cost more than your measily premium increase

        Shouldn't increase if the insurance company can recover their costs.

        • piertlethed on 04/10/2023 - 12:02
          -1

          You are unlikely to be able to claim costs for time off work to attend the court case, or to prepare for it by meeting with lawyers. So there will be other costs in preparing and attending court that will just be lost money if you are otherwise working at those times.

          • jv on 04/10/2023 - 12:03
            -1

            @piertlethed:

            You are unlikely to be able to claim costs

            You don't claim it, the insurance company does this… Hardly ever needs to go to court and if you can prove you weren't at fault, your premium will not increase because of the claim.

      • CodeXD on 04/10/2023 - 12:04
        +1

        Court will cost more than your measily premium increase and "delaying time"

        In the previous thread, OP mentioned the car is actually insured under their dad's name, so they cannot claim it as they are not listed as a driver.

        • Sal in SA on 04/10/2023 - 12:10
          +1

          Right, so they are not insured as per OP post then…got it..

        • Drakesy on 04/10/2023 - 12:17
          +1

          Ohh
          lol, so they're not insured
          Surely there's a non-listed driver excess (at least mine has that).

    • Jimothy Wongingtons on 04/10/2023 - 11:45
      +1

      Also, I couldn't get his home address.

      so uh..where are you going to send the letter of demand to?

      not to mention they can just claim didnt receive it, similar to this thread

      Initial thoughts:
      *They might think you will scam them somehow

      *They know court procedure is a massive pain in the arse with costs that in some cases are more than what the work is worth, not to mention the stress/time it takes for you to follow up and file and chase up etc - so happy to call your bluff.

      *International - so they could just skip town :)

    • kerfuffle on 04/10/2023 - 11:51
      +2

      So you lied by saying it was resolved when it's not resolved?

    • jv on 04/10/2023 - 11:51
      +1

      Should I get a quote and send a letter of demand?

      LOL…

      and who will enforce this?

      Why aren't you going through your insurance?
      That's what it is for….
      (Unless of course you are not really insured…..)

      • boomramada on 04/10/2023 - 11:55

        Or OP caught drunk driving or OP got suspened license OR typical OZB member who don't want to use the policy.

        • jv on 04/10/2023 - 11:56
          +1

          or lied about who the regular drivers of the car are to avoid the higher premium.

          Budget Direct discount the policy if all drivers are 40+

          • boomramada on 04/10/2023 - 12:05

            @jv: If that the case, excess goes up?

            • jv on 04/10/2023 - 12:08

              @boomramada: I have one of my policies with them and the policy says they are not covered.

              Important: This policy does not cover any loss, damage or liability arising from the use of the car by:
              any household member who is not listed on this policy
              anyone who is under 40 years of age

                • jv on 04/10/2023 - 12:14

                  @boomramada:

                  Yes, then

                  Nope, not if you choose the option to lower your premium by restricting to drivers 40+

                  Important: This policy does not cover any loss, damage or liability arising from the use of the car by:
                  any household member who is not listed on this policy
                  anyone who is under 40 years of age

                  • boomramada on 04/10/2023 - 12:15

                    @jv: OUCH!

                    • jv on 04/10/2023 - 12:16

                      @boomramada:

                      OUCH!

                      Yep…

                      Also, Budget Direct will not insure for Learner drivers until you take out an additional policy for them, with AAMI, it is included in all their policies…

                • jv on 04/10/2023 - 12:15

                  @boomramada:

                  but AAMI similer apply.

                  AAMI policy is different to Budge Direct.

                  I have both…

                  • boomramada on 04/10/2023 - 12:19

                    @jv: Imagine your 17yo kid took your Merc that you never let them drive for a drive and hit another Merc.

    • tsunamisurfer on 04/10/2023 - 12:00
      +3

      You were told in the first threa to go through your insurance.

      If you have done something to void that insurance then you have no choice but to go through legal proceedings yourself if the other party is uncooperative.

    • Kremleen on 04/10/2023 - 12:02
      +1

      Is there any not-at-fault panel beaters who can take care of this on my behalf of me?

      Unfortunately most panel beaters won't touch cases like yours as you won't use your insurance and you don't have his insurance details. Panel beaters would have to hire legal help to chase that money and no panel beater would have the time to mess around situations like that.

      Should I get a quote and send a letter of demand?

      You could but chances are you'll need to take him to court. Even in situations like this, the other party can still refuse to pay after being asked to pay and then you need to go to court again and ask for enforcement orders. At that point, he can ask the court for instalment payment, pay you $50 for a few weeks and stop and then the cycle continues.

      Any idea on what is the next move would be great.

      This would be your first step in going to court: https://www.ncat.nsw.gov.au/how-ncat-works/how-to-apply.html

      Also, I couldn't get his home address

      Now this is bad. You need to ask for his address or your court case would be against the owner of the vehicle and possibly not the driver. And the owner of the vehicle could say they weren't driving at the time and it's up to you to find the the driver. Bad idea.

      In cases like this, it'll be an uphill battle to get your money back by yourself.

      • mbck on 04/10/2023 - 12:12
        +1

        Yeah not getting the address is bad. Op probably will just take itt on the chin and move on.

    • Muzeeb on 04/10/2023 - 12:04
      +1

      Lol, here we go again.

      This is not the problem.

      This is actually your biggest problem.

    • mbck on 04/10/2023 - 12:12

      I'm with budget direct and never had issues.

      Previously with virgin insurance and also had no issues.

      The issue is when you filled your insurance form. You stuffed up. And then everyone joined the band wagon and bashed budget for having the name 'budget' lol.

      You didn't even get his address…

      Your option is to suck it up and pay for your insurance mistake.

      Or go to court and get a lawyer. But no address makes your job a lot tougher

      Endthread

      • jv on 04/10/2023 - 12:17

        I'm with budget direct and never had issues.

        Make sure you look around at renewal time…

        I switched one of my cars from Budget Direct to AAMI and halved my premium….

        • mbck on 04/10/2023 - 12:19

          100% don't be loyal. Always dyor.

          But I have found newer policies don't have rating 1 protection option anymore.

          • jv on 04/10/2023 - 12:19

            @mbck:

            don't have rating 1 protection

            Not worth paying twice the premium…

            • mbck on 04/10/2023 - 12:20

              @jv: Just a PSA for people to be aware that policies change so…again dyor

  • Eeples on 04/10/2023 - 22:19

    What is the days gap between when you got hit and when you contacted budget direct?

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