Four Car Accident - Not at Fault without Insurance. Need Advice

LJagnan on 14/10/2023 - 12:45
Last edited 15/10/2023 - 09:38 by 1 other user

Hey, need advice here.

We were at Philip Island and a Jeep SUV hit my car rear. I bumped into the car at front and that car hit another, total 4 cars involved. (No injuries). Jeep SUV driver and all other passengers were drunk and left the car at spot and flew the scene. All were teenagers aged 19 and 21.

Police arrived, got all our details. Police gave me a ring later that night told me they found the boys and driver was drunk.
I managed to get their details also found out their car is not insured.

The problem is I am not insured either. I have a quote of $10k from smash repair to fix my car another $1k for towing car. I was driving Nissan X Trail. I have police report and clearly says I'm not at fault also says the boys who hit my car at fault.

I want some advice who to reach for legal process and any other advice will be great.

Automotive Car Car Insurance Insurance Nissan

Comments

  • EdenKai on 16/10/2023 - 20:57

    I think there are law firms that almost act like an insurance company for you. Its just that their process is a bit more difficult and involves sueing/litigating the other party. But all the other party has to do is give the legal documents to the insurance company and they handle it technically. However, in your case, they are also uninsured, so I assume they'll just be straight up sued and need lawyers themselves.

  • yokel on 16/10/2023 - 21:18

    What colour was the Jeep?

    • RobotWizard on 17/10/2023 - 03:05

      Andrew is that you?

  • nwa on 17/10/2023 - 00:53

    Op might still be ahead, if his saved on insurance all these years what's a $11K hit, or he can wait another few more years without insurance to get ahead. No point in chasing other party if they are teenagers, even the insurance companies won't bother.

  • syousef on 17/10/2023 - 02:12

    In NSW the way it use to work when a relative was involved in a pileup a few years ago is each car is responsible for the car in front of it. It wasn't fair, but police attended and even with shenanighans where an L plater tried to switch with their father my relative's insurance paid for and was responsible for the damage to the car in front and was told that it would be the same for each car. I have no idea if this is how it still works in NSW or how it works on Philip Island.

  • imurgod on 17/10/2023 - 08:30
    +2
    1. Even if they had insurance, they were drunk so it wouldn't pay a claim (unless it was commercial motor with Principals Indemnity)
    2. You are uninsured. Your only option is to instigate legal proceedings which will cost you money and you won't get a cent from them because they probably don't have any money to give you.
    3. Depending on the circumstances, you may be held liable for the cars you hit (the ones in front of you)
    4. This is the result of being uninsured. Not very smart at all.
  • JafferMoney on 17/10/2023 - 09:40
    -6

    The vast majority of people on here love giving free money to insurance companies…

    • newjerseydamo on 17/10/2023 - 10:08
      +2

      I'd rather pay insurance than be out a major asset, but that's just me.
      Clearly you like to live life on the edge and not insure.

    • john_conner on 17/10/2023 - 19:16
      +1

      Next thread from Jaffer: Five Car Accident - Not at Fault without Insurance. Need Advice

  • lethalmoney on 17/10/2023 - 11:08
    +2

    You have just put yourself in a financial predicament by trying to be foolishly thrifty.

    Police will not assist in financial recourse, only establish offences and deal with criminality.

    You have a couple of options -
    Firstly, you need an assessment on how much financial damage you've incurred, to determine your best move.

    Then one of;

    If details were exchanged per RSA, you only have their name and address. IF party at fault willingly provided their mobile number (no obligation to do so), contact them and try and resolve the matter in the most civil manner.

    Without that, your next option is a to draft up a letter of demand. In the absence of a solicitors letterhead, this may likely be ignored.

    Take on the cost of a solicitor and proceed through civil courts. Consider the compensation amount, vs legal fees and time to achieve a result.

    Obtain a cash price (very different figures to insured claim cost) and wear the bill from smash repairs.

    & lastly, buy insurance, yesterday.

  • Breno785au on 17/10/2023 - 16:56

    If the driver of the Jeep hasn't got money to fix your car maybe they can be your butler?

  • yamahamoto on 17/10/2023 - 19:32

    I stopped renewing my insurance when covid starts and I got away until now. After seeing a few post on unisured accidents I have bought my insurance again. LOL.

    • MonkeyMagic1977 on 26/10/2023 - 16:57

      My mate did similar during COVID, only problem was he ended up having an accident..when drunk.
      Only upside for him was it was just himself & his own property that got damaged…think he got away with $1000 to fix.
      Needless to say he has insurance now….he just needs to stop drinking

      • yamahamoto on 26/10/2023 - 17:42
        +1

        I bought insurance after the post. Got away with it long enough.

        • MonkeyMagic1977 on 27/10/2023 - 11:03

          I've been driving for 25 years, been involved in about 5 accidents over that time, none my fault. The worst accident the car was written off by I known problem driver, luckily I had full comp and was paid out $30k as I doubt I would have gotten that from the other driver.

  • BartholemewH on 17/10/2023 - 21:09
    +1

    Turns out your plan to self insure didn't pan out. Good thing you are independently wealthy, I presume.

  • moooz on 17/10/2023 - 21:28

    You could try small claims instead of involving a lawyer, I think. But this means you have to do a lot of the work. Considering the way you write, and your decision-making abilities in not having insurance, this may be beyond you however.
    Also, if they declare bankruptcy (which is very possible), it won't make any difference.
    Best bet is to speak to the panel place, tell them you are a fool who did not have insurance, and hope they take pity on you and lower their price.

  • Aust on 17/10/2023 - 21:48

    OP did you have any injuries in the accident? a sore neck etc might help pay for your vehicles repairs under CTP, and it wont matter that the other vehicle driver was drunk like insurance would.

  • johnfuller on 18/10/2023 - 08:14
    -2

    even with insurance you'll be liable for paying the excess, the insurance company needs 1. a police report. 2. the details of the other drivers (and they also need to admit to being at fault)

    • imurgod on 19/10/2023 - 08:11

      Not true but irrelevant anyway.

      The conditions can be found the the PDS you clearly haven't read.

      • johnfuller on 19/10/2023 - 08:33
        -1

        clearly you haven't been in an accident before where the other party doesnt answer the phone from the insurance company or doesnt accept fault and doesnt complete the accident report diagram showing what happened .. in all of these cases, you are liable to pay excess if they cant reach the other party / get them to admit fault

        • imurgod on 19/10/2023 - 08:51

          Yes, but you said " the insurance company needs 1. a police report. 2. the details of the other drivers (and they also need to admit to being at fault)"

          A police report is not needed in either case.

          The excess is payable where you haven't met the conditions of the excess waiver and is also returned when they are able to attempt recovery. This is found in your PDS.

          • johnfuller on 19/10/2023 - 11:23
            -2

            @imurgod: go look at 'able to attempt recovery' they need other parties full support to be able to do that..

            • imurgod on 19/10/2023 - 19:24

              @johnfuller: Wrong again.

              They can determine the other party at fault without the other party's support (from the accident description, damage, independent witnesses, dashcam, etc). If that were the case, everyone would simply lie and get away with it.

              Trust me, I know a huge amount more about insurance than you do.

              • johnfuller on 20/10/2023 - 08:39
                -2

                @imurgod: look at op's scenario, they dont have other parties details, and you dont have any footage, and no witnesses.. and even if they had insurance, i dont think the insurance will come to the party .. the way i see it, zero chance of collection from anyone, and in the eyes of the insurance it all could be a fake insurance claim attempt ..

                • imurgod on 20/10/2023 - 09:09

                  @johnfuller: You're making a lot of assumptions and if they were insured, they would absolutely be covered they'd just need to pay an excess.

                  Mate, I have 23 years industry experience and am a director of an award winning brokerage.

                  This is basic stuff.

                  Also, you neg me because you're triggered but I negged you because you're providing false information.

                  • johnfuller on 20/10/2023 - 17:51

                    @imurgod: cool story, are you sure i negged you? or are you triggered because you thought it was me?

                    • imurgod on 20/10/2023 - 23:22

                      @johnfuller: Never triggered champ.

                      Much love to you.

                      • johnfuller on 21/10/2023 - 09:53

                        @imurgod: 🙌

                        • Protractor on 21/10/2023 - 10:15
                          +1

                          @johnfuller: Time to get a room, boys.

                          • johnfuller on 23/10/2023 - 13:16

                            @Protractor: yes if your asking an insurance sales rep, they'll tell you insurance will cover anything just to get the sale.. from my experience dealing with some and even experiences if heard from close friends, insurance companies will weasel themselves out of it if they can, if you can't prove it, they wont cover it..

                      • johnfuller on 20/11/2023 - 11:38
                        -1

                        @imurgod: get this, the other day, a rental car opened their door on my car, denting and chipping the paint, they drove off, got the license plate, spoke to insurance, they want me to pay excess, so much for having comprehensive, they make no effort in recovering funds from other party

                        • imurgod on 20/11/2023 - 11:45

                          @johnfuller: So you have never read your PDS then.

                          Your PDS has conditions for removal of excess. Typically, you'll need to provide rego, address and phone number of the driver.

                          In your case, that's not possible so you only have the rego.

                          This means the insurer can't determine fault or validity of the claim so they need to submit a rego search, then contact the 3rd party, etc.

                          If they recover, they have to refund your excess to you.

                          Extremely common.

  • dust on 18/10/2023 - 11:04
    +4

    OzBargain forums provide better motivation and incentive to get comprehensive car insurance than any advertisement can.

  • mousie on 18/10/2023 - 13:20
    +2

    I have an idea, please draw using MSPaint and let the official Ozbargain legal team sort it for you and recover costs through high yield investments (vehicles).

    • Protractor on 21/10/2023 - 10:19

      I think the Mods should have an art exhibition annually of all the MS paint diagrams of that year, and the Ozb members vote for the best. Then winners (1,2,3) get a prize.

  • bazingaa on 18/10/2023 - 20:36

    without Insurance

    situations like this makes you think the value of full insurance.

    • johnfuller on 19/10/2023 - 08:35

      and in some instances, the insurance find any reason to cover you, for instance; not telling them about a speeding fine

      • bazingaa on 19/10/2023 - 10:48

        to cover you or not to cover you :/

        • johnfuller on 19/10/2023 - 11:21
          +1

          yes, i mean to say ; not to cover you..

  • Baysew on 15/12/2023 - 21:03

    Hi Jagnan any update to this post?

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