Accident While Reversing (with Comprehensive Insurance)

LMrDolittle on 05/11/2023 - 13:44
Last edited 05/11/2023 - 16:01 by 1 other user

Hi….need some advice here.

I had an accident while reversing. I was at fault. Admitted it. Have a comprehensive insurance. Gave that guy claim if after calling insurance. It was 6 months ago. Never thought of it again.

Few days ago got a court letter from that guy hired a car and I am liable for $10,000. And another letter for repair work, another $3500.

I called up my insurance. They said don't worry, send us a court letter and another document. They said you have paid an excess. Have a comprehensive insurance. We will take care. You don't worry.

But worries me is court letter. I had 21 days to reply to that magistrate court letter.

Anyone here faced a similar situation.

Any advice would be appreciated.

Automotive Car Insurance Insurance

Comments

  • Unorthodox on 05/11/2023 - 13:48
    +31

    Welcome to Ozb please take your ticket and wait for the car insurance questions rep.

    Please submit your obligatory MS Paint documentation.

    Please confirm you have completed the obligatory refer and ask your insurance company during your call to them.

    In all seriousness, your insurance company told you they would handle it. If you get follow ups or whatever, refer them to your insurance company and give the reference number.

  • Some Human on 05/11/2023 - 13:49
    +27

    I was at fault. Admitted it. 

    I would give you an upvote for that if possible

    • Muzeeb on 05/11/2023 - 13:58
      +41

      We've discussed this before. Never admit fault.

      • reactor-au on 06/11/2023 - 08:44
        +47

        Sorry, my fault

      • nedski on 06/11/2023 - 11:57
        +1

        Admitting fault means nothing. Various legislation notes this.

        • MorriJ on 06/11/2023 - 12:17
          +1

          There are legislation notes that will assist me when my insurance company voids your insurance for admitting fault without involving them?

          I'll be sure to send them some notes and tell them admitting fault means nothing if this ever happens to me.

          • Assburg on 07/11/2023 - 18:36

            @MorriJ: It might not attribute fault in the eyes of the law but it is still a contractual term. Whether or not it would void the contract…well, you'd have a case to argue and therein lies the issue.

      • soan papdi on 06/11/2023 - 14:15

        "OMG I'm so sorry." Does this mean I admitted fault?
        PS: No I am not Canadian.

        • GregRust on 06/11/2023 - 14:55

          Probably.

          I'd just go with "are you OK?".

  • Guybrush57 on 05/11/2023 - 13:55
    +43

    Have an comprehensive insurance.

    I would give you an upvote for that if possible

  • Tee Rex Arms on 05/11/2023 - 13:55
    +31

    Insurance will sort it. Close thread.

    • CalmLemons on 06/11/2023 - 20:44
      +8

      Yes, this is completely normal. The opposing party does this if your insurande company hasn't paid or agreed to the charges in a set amount of time. All documents are addressed to you, not the insurer. You just need to forward this on to the insurer, it is completely normal. Most likely they are trying to take a piss of extra charges and extra car rental charges which what some people choose to do, especially if they do not use their insurance but try to claim against the insurer direct/or have their panel beater try to claim the insurance and rack up extra charges.

      There are other numerous reasons why sometimes this occurs but it is not your problem, your insurer will deal with it.

      • logistics on 07/11/2023 - 20:48

        Yep. Was in the situation many years ago. One day a random rocked up to my door and served me the papers. See you in court LOL
        Informed my Insurer at the time and they took care of the rest. Never heard back from anyone

  • AustriaBargain on 05/11/2023 - 13:58
    +1

    Did the guy not have insurance himself, why did he send the letter to you directly? How did he even get your home address.

    • bmerigan on 05/11/2023 - 21:35
      +3

      Copying licensed details is a pretty standard action in this situation

    • bobs burgers on 06/11/2023 - 19:57
      +1

      You are required to give your full name and address at any crash only. Duhhh

      Anything extra can potentially save time for insurance however, but you are legally not required to pass it on

      • bazingaa on 07/11/2023 - 21:30

        This, someone rear ended me when I was stopped and gave only name, address and phone number. I gave the details to my insurer (I have comprehensive) and they fixed my car. I don't know what they have done.

  • MrDolittle on 05/11/2023 - 14:00
    +1

    I texted him claim I'd. I still have that text. After accident we share our details.

  • Muzeeb on 05/11/2023 - 14:01
    +2

    from that guy hired a car and I am liable for 10000 dollars.

    That's like 100+ days of hire. Which exotic euro import did you reverse into?

    • gromit on 06/11/2023 - 11:08
      +13

      plenty of dodgy repairers offer free hire car which promised to be billed to the insurer or claimed against the at fault party. They massively increase the costs and offer you vehicles significantly better than what you damaged, basically it is a high end rental scam. Would not surprise me if this was for less than a month of rental.

      • stumo on 06/11/2023 - 12:25
        +10

        Yep it's an entire industry of dodgy intertwined businesses - towing/repair/hire car/lawyers.

        It's becoming increasingly common too. People go through them rather than their own insurer.

        Ultimately insurers are to blame for the rise of this industry. By their incessant nickle-and-diming of their own not-at-fault customers. - Denying hire cars, low market or agreed valuations, and other crap that is irrelevant for a not at fault party.

        Everything is geared toward extracting maximum cash from the insurer.

        They turn what should have been a $2k repair, into a $20k court summons.

        They are costing all of us money through increased premiums.

      • rave75 on 07/11/2023 - 11:43
        +1

        Happened to me, the panel beater offered me a hire car for $150 a day (for a shitbox) that they gonna charge to the at fault party. Even thought the at fault party was an ass, he didn't want to share details, called police and was adamant that it was my fault (he rear ended me), but I didn't want to charge him $2k++ for carhire. I ended up using the included hire car from allianz who charged $40 a day for new camry.

    • alxr0101 on 06/11/2023 - 12:48
      +4

      You haven't seen what not-at-fault car hiring businesses are gouging and passing on the costs to insurance companies.

      Well over $200 per day for a standard SUV.

      All that greed feeds into everyones premiums.

      Do what I did … negotiate directly with the liable party's insurance company for a better car hire deal. They know they are screwed if they instead get hit with these shady businesses.

      • Euphemistic on 06/11/2023 - 13:22
        +2

        You’re assuming that the insurer is willing to pay whatever the gougers charge? Or have you actually seen what insurers will pay just to make them go away?

        I can’t imagine any large insurer would pay any more than fair market rate for car hire. The no-fault car hire co try it on, but probably accept a fair rate if they get called on it.

  • MrDolittle on 05/11/2023 - 14:02
    +3

    It was Tesla…..don't even know which model

    • Muzeeb on 05/11/2023 - 14:07
      +23

      You could claim you didn't hear it approaching.

      • JimmyF on 05/11/2023 - 21:23
        +6

        LOL Yours eyes don't work either?

        • paloverde88 on 06/11/2023 - 22:27

          The eyes did not hear evs approaching

    • Protractor on 05/11/2023 - 22:12
      +2

      Chips on its imaginary doors?

  • MrDolittle on 05/11/2023 - 14:03

    Just minor scratches…repair cost came to 3500 and hire car 10000…..

    • EightImmortals on 05/11/2023 - 14:10
      +8

      3.5K for some scratches?

      Maybe.

      10K for a hire car, how long does it take to fix a few scratches? 2 days tops in my experience?

      Or was the smash repairer really busy and couldn't get to it for 6 months? OK, no problem, call me when you can fix it, no need to keep my car on your yard for that long for just a few scratches.

      Something doesn't smell right.

      Anyway, as the others have said, leave it to the insurance company to sort out.

      • MrDolittle on 05/11/2023 - 14:18
        +2

        Apparently that's how it is

        Just checked the notice

        Car was hired for 24 days plus delivery and pick up accident excess admin fees and then 10% GST total 9600

        3500 repair for scratches….it is Tesla charge

        • askbargain on 05/11/2023 - 14:51

          Pics?

        • Muzeeb on 05/11/2023 - 15:06
          +22

          $400 a day for car hire. Someone is having a lend. Your insurance company will challenge this for sure.

          • MrDolittle on 05/11/2023 - 15:08

            @Muzeeb: It says 280 a day for car hire accident excess comes to 1200 plus few other add ons…..bit ridiculous

          • Protractor on 05/11/2023 - 22:13

            @Muzeeb: "Someone is having a lend." Ya think? Look right up the top ^ old bean

          • stumo on 06/11/2023 - 14:46
            +1

            @Muzeeb:

            Your insurance company will challenge this for sure.

            They are paying up big dollars though, otherwise this wouldn't be happening.

            In my case I know the repair was about $2k retail when my wife gently dented into the back of a 2010 Mazda CX5. But Dodgey Bros repairs hirecar and lawyers ltd served us a summons for an $18k itemised repair bill.

            We passed it on to our insurer RACV. It went to court and I don't know the final outcome. But I do know RACV offered the bastards a $16k settlement well before the court date, and they declined and went to court.

            Example: They were charging $150 to remove a wheel. Which they "did" 3 times during the extraordinarily lengthy and detailed repair process.

            In reality they would have just painted and slapped a new (or used) bumper skin on, probably using cableties and tek screws, about 3 hours work all done. Its all about maximum extraction of funds out of every last step of the process. This includes cheaping out on the actual repairs.

            • MrDolittle on 06/11/2023 - 17:53
              +2

              @stumo: Sad state of affairs…..there should be legislation against it

              • camr00 on 06/11/2023 - 18:05
                +2

                @MrDolittle: There are, and insurers have teams of people who investigate dodgy brothers on both the claims and repairs side.

              • stumo on 06/11/2023 - 18:11

                @MrDolittle: It's the insurers themselves that caused all this.

                If they had just treated their not at fault customers correctly, there wouldn't be a market for dodgy bros ltd.

                A not at fault victim is supposed to be "made whole" by the perp in the eyes of the law.

                But victims' insurers were too busy stiffing them out of hire cars and giving irrelevant valuations so that they weren't being made whole if they went through their own insurer.

                So now the insurers have got the total other end of the scale. And we are all paying for it big time.

        • iDroid on 05/11/2023 - 22:34

          Whoa.. Gotta get myself into the car hire business…

        • alxr0101 on 06/11/2023 - 12:50
          +3

          If the damaged car was drivable/roadworthy…there should be no hire car except for the amount of time it's actually under repair.

          • gromit on 07/11/2023 - 12:19

            @alxr0101: often that is not how it works. repairers often will require the car to be left with them while the dismantle the damaged section (especially with rear or front impacts as lots of sensors and small parts), they then order the parts after assessment. So even a drivable car with minor damage can easily end up with the repairer for a couple of weeks (most of that time sitting in their yard parked with the bumper etc removed.)

      • JimmyF on 05/11/2023 - 21:24

        3.5K for some scratches?
        Maybe.

        I had a door dent in an ICE and was quoted $3k….. So not surprised some minor scratches etc is $3.5k.

  • MrDolittle on 05/11/2023 - 14:06
    +1

    My query basically is:

    My insurance company haven't given me anything in writing. Wt if they don't reply to that court letter or not on time. Wt consequences will I have to face.

    Second is do I have to inform other party lawyers in writing that this is claim I'd and they should contact the insurance.

    Thanks guys, never got a letter from court and not rich

    • EightImmortals on 05/11/2023 - 14:12
      +10

      1) If they don't deal with in 21 days and you do end up in court just tell the judge the date and time that you passed those details onto your insurance company.
      2) "Second is do I have to inform other party lawyers in writing that this is claim I'd and they should contact the insurance". NO! Have NO contact with anyone other than your insurance company at this point.

      (And I'm assuming you copied those documents before sending them off your insurance company?)

      • MrDolittle on 05/11/2023 - 14:21
        +3

        Yes I scanned and sent it to insurance company and called them again just to confirm that they have received

  • thatonethere on 05/11/2023 - 14:11
    +9

    Those car hire places usually hit up individuals with an excessive claim as sometimes people just pay. An insurance company is generally across all their lurks and their claim is typically cut way back.

    • MrDolittle on 05/11/2023 - 14:22
      +8

      Looks like it….checked the other party lawyers…..they specialise in hire car cases

  • elgrande on 05/11/2023 - 14:14

    Is the letter actually from the court, or just a debt collection law firm. What does it say?

    • MrDolittle on 05/11/2023 - 14:19

      Other party has filed in magistrates Court for hire car charges

      • boomramada on 05/11/2023 - 15:20
        +7

        Thats sounds like other party using one of those not at fault (eg: https://www.notmyfault.com.au/) dodgy hire car instead of one from the insurance.

        • MrDolittle on 05/11/2023 - 15:35

          Yes it is……they have asked me details of my insurance in August and I sent them claim no too……I have that text as a proof too

        • MrDolittle on 05/11/2023 - 15:39
          +2

          Even though it is hire car….but cleverly case has been filed in guys name instead of car hire company…..in my opinion not a wise thing to do on his part too……looks like he got taken for ride too

        • camr00 on 06/11/2023 - 12:10
          +4

          Add https://tamms.com.au to that list.

          My mum had her car backed into by a tradie. Tradie company got Tamms to contact my mum and said "Dont contact your insurance company, we will look after everything for you" including the car hire offer.

          Super strange that they wanted to keep my mums insurance out of the loop, and after 5 minutes on the internet I found out how many different ways Tamms tries to collect money from the innocent party.

          tl;dr - TAMMS are super dodgy. Just contact your insurance company and let them deal with the court/other party/etc.

      • rambao9 on 06/11/2023 - 11:52
        +3

        To me, it sounds like the other party likely did not have hire car on their policy.

        And proceeded to hire one anyway as the repairer told them they could and recommended them a dodgy hire company.

        Who is now reaching out on their behalf to claim from you directly rather than insurance, as there's a better chance they will get the money requested rather than dealing with the insurer.

        • ameyas7 on 06/11/2023 - 18:03
          +1

          I don't think one needs to have a "hire car" option on their policy if they are not at fault. Even if they go through their insurance, they can still organise a hire car which should be billed to (insurer of or) party at fault. Hire car option on your policy kicks in if you need to send your car for repairs when you are at fault.

  • bobbified on 05/11/2023 - 15:40
    +5

    ..that guy hired a car and I am liable for 10000 dollars

    Sounds like the guy went through one of those shifty "claim management companies" that charge an arm and a leg to hire a car!

  • kerfuffle on 05/11/2023 - 15:56
    +6

    Looks like the Tesla driver doesn't have comprehensive insurance.

    • Muzeeb on 05/11/2023 - 16:08
      +2

      No wonder. They are crazy premiums on Tesla's.

    • JownehFixIT on 06/11/2023 - 10:05
      +3

      Would that even matter if OP admitted fault and paid their excess, and communicated all this? Shouldn't this all have simply been handled by OP insurance company and nothing further to be done by the other party?

      • cloudy on 06/11/2023 - 20:51
        +2

        OP Insurance may not offer hire car and Tesla driver thought he could be smart and get a 10k limo for a month and charge it to OP insurance

  • holdenmg on 05/11/2023 - 16:47
    +1

    Court takes a stand over insurance replacement vehicles
    https://www.insurancenews.com.au/daily/court-takes-a-stand-o… says a Toyota Corolla was sufficient.

    • MrDolittle on 05/11/2023 - 16:51
      +9

      I also did research….this case went to higher court and plaintiff won …court has ordered that one can hire similar car…..that is settled………. question is as I am comprehensively insured ….why I should even be dragged into it…. insurance companies should settle between themselves………..we as consumers shouldn't be dragged into it

      • angywoo on 05/11/2023 - 17:35
        -3

        "why I should even be dragged into it"

        because it was you who hit the other car….?

        • MrDolittle on 06/11/2023 - 00:43
          +11

          Well I have a comprehensive insurance and paid 800 dollars excess 5 months ago……it is insurance job to handle it not mine……….this is what insurance is for…….

    • MrDolittle on 05/11/2023 - 16:59

      https://hallandwilcox.com.au/thinking/high-court-hire-cars-h…

      As the ruling states, not at fault driver is entitled to hire car (similar)

      • AustriaBargain on 05/11/2023 - 17:14

        What if you drive a 10 million dollar one of a kind supercar?

        • MrDolittle on 05/11/2023 - 17:27

          Well…..I hope I am not the one to hit one

        • RMBC on 06/11/2023 - 09:14

          Then you get to oush for as close to that as possible. It is a concept known as demurrage, originally from shipping.

          In essence, there is an expectation for you to be put back in the place you were before the accident when not at fault. At the end of the day the party not at fault should not be inconvenienced anymore than necessary

        • mountaineer on 06/11/2023 - 09:41
          +1

          It doesn't matter how expensive the other car is/was, as that is what comprehensive insurence for.

      • 2esc on 06/11/2023 - 09:51

        The duration of hire is the question.

      • paloverde88 on 06/11/2023 - 22:34

        It's based on needs not choice, so if you drove a datsun or an echo your needs can be met by a bicycle hire, not a 2023 SUV

  • Euphemistic on 05/11/2023 - 17:46
    +4

    Are you sure it is a letter from an actual court? Sounds more like a threatening letter from a ‘lawyer’ made out to look like one.

    • MrDolittle on 06/11/2023 - 00:40

      Yes sir magistrate court Ringwood

      • Euphemistic on 06/11/2023 - 05:14

        So it’s a summons?

        • Muzeeb on 06/11/2023 - 05:47

          Doesn't a summons need to be served?

          • Euphemistic on 06/11/2023 - 07:25
            +5

            @Muzeeb: Sound like OP has English as a second language. That is why I asked what the letter was. It’s not clear to me it is an official letter (summons) from a court or that it’s just a threat for court from a lawyer.

            There’s nothing wrong with misunderstanding a purportedly legal document. It’s what is preyed on by the types that claim $10k for a hire car. It would not surprise me that someone along the line picked up that OP isnt originally from Aus.

            Also $10k is a very round figure, as is $3500, it would be much more plausible for it to be an exact amount eg $10204.65

            End of the day, whatever correspondence that goes to the OP should be directed to the insurer.

          • paloverde88 on 06/11/2023 - 22:38

            @Muzeeb: If they did not gave you a plate of baked salmon with ginger and soy sause and say you've been served then you have not been.

  • JIMB0 on 05/11/2023 - 19:24
    +2

    Is it a wood, steel or concrete bridge you live under?

  • bargaino on 05/11/2023 - 19:59
    +1

    24 days hire? Tesla must have been so badly damaged as to by un-driveable while waiting for parts.
    Otherwise, I hope your insurer tells them to GFY.

    • boomramada on 05/11/2023 - 21:13

      repair work, another $3500

      Sounds like a minor damage.

      Doesn't need to be badly damaged, panels are not fixable and if there is no stocks in Aus, there be long wait. Not sure now but one of my mate had to wait six months for door few years back.

      • bargaino on 05/11/2023 - 22:19

        Why would it be undriveable though? Sounds cosmetic.

        • MrDolittle on 06/11/2023 - 00:53
          +1

          It was drivable……..accident happened in May and other party took for repairs in Mid June…..I have proof of it as he texted me for claim id……

        • Extreme on 06/11/2023 - 07:43

          Car could have been pulled apart, repairer noticed they needed a certain clip/bolt/bracket that wasn’t in stock and was on back order.

          • boomramada on 06/11/2023 - 10:59

            @Extreme: ^ this

          • gromit on 06/11/2023 - 13:50

            @Extreme: yep, I had minor cosmetic damage from being rear ended in a car park. The repairer required the car to have the rear end dismantled and checked before they would order the parts, It was the insurers choice of repairers so didn't bother me, but it meant I had to leave it with them for 2 weeks for what was essentially a couple of hours of work at most. I didn't require a rental as had another vehicle but easy to see how long rentals for cosmetic damage occur (though the OP's insurer is being scammed by one of those dodgy repair rental schemes that massively overcharge).

  • Tekon on 05/11/2023 - 21:26
    +7

    Been through this with a family member.

    Being Summoned to The Magistrates Court for Car Crash

    From what I can surmise the repair shops often work in cahoots with shady law firms and convince the person whose car is being repaired that they should avoid going through their insurance and instead allow their mates handle the case. I have heard this happening to another person as well and in their case the repair shop sent summons to the at fault driver without even letting the damaged car owner know. It truly is bizarre.

    In any case, what you have done is correct. All you need to do is call your insurance and let them know about these summons, and then ask them how they would like you to get the summons to them. In my uncle's case once the documents were sent we never heard anything about it again. You pay top dollar for insurance, let them handle it. The 21 day thing is not something you need to worry about.

    • MrDolittle on 06/11/2023 - 00:36
      +1

      I hope so…….Insurance asked me to send them what I received….
      ..I scanned and sent to them…….they also told me if I receive anything else…..just forward it to us…………….let's see….
      .will update how it goes

      • kiitos on 06/11/2023 - 09:15

        Good luck, would be good if you can find out how much of the bill your insurance ends up paying.

  • Protractor on 05/11/2023 - 22:04
    -8

    hahahaha
    Trolls owning Ozb's arse or Ozb self generating hits.What a l;augh

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