Not at Fault Accident: I'm TPP - at Fault Is Uninsured

urbancowboy511 on 03/12/2023 - 09:23
Last edited 04/12/2023 - 07:50 by 2 other users

Hi all, want to get your thoughts on below situation.

  • Got into a car accident, my car is a write-off
  • I am not at fault
  • I only have 3rd Party Insurance, at-fault is uninsured.
  • Lodged Claim with Insurance, max I can get is $5K (less towing, storage, etc.)
  • Car is $20K+ worth (lesson learned, get Comprehensive next time, so please don't get stuck on this)

Things I am thinking of doing.

  • Get a temporary hire car from Right2Drive
  • Chase the at-fault for gap. ($20K minus whatever the insurance will pay me)
  • If at-fault says they don't have money - get debt collector involved.

Any helpful comment / suggestion is much appreciated.

Thanks!

EDIT: Thanks to all the responses. Just so that I can help anyone reading this in the future that get stuck in this situation.

  • Consider Comprehensive Insurance next time!
  • Assess first if at-fault is cooperative to pay before insurance. Consider to settle if at-fault is willing to settle more than insurance comp (typically $5K for TPP).
  • If not willing to settle, get whatever is left of insurance compensation and move on.

Other realisation:
- Right2Drive not possible as they only cover for insured at-fault.
- Chasing the gap may not be possible once you already claimed with insurance.

Automotive

Comments

  • DashCam AKA Rolts on 03/12/2023 - 09:31
    +46

    No comprehensive cover on 20k car….☹️
    Can't afford the insurance = can't afford the car.

    • urbancowboy511 on 03/12/2023 - 09:32
      +5

      (lesson learned, get Comprehensive next time, so please dont get stuck on this)

      • Muzeeb on 03/12/2023 - 11:02
        +18

        But it is literally what these forums are based on.

      • kaleidoscope on 05/12/2023 - 12:44
        +1

        Folks need something to munch on, so you're going to get stuck with this for a while.

    • skid on 03/12/2023 - 11:12
      +5

      I read it as OP is so rich, a 20k car is disposable.

      • urbancowboy511 on 03/12/2023 - 15:23
        -6

        depends what your definition of rich is. I think $20K disposable is not that rare for an average employee. (LoL i know this is a dig - but just saying.)

        Its like a punch in the face: some just get a swollen lip, some fall into a coma.

        I just have swollen lip in this situation. Hurts but I'm ok. :P

        I'm just an average joe, tried to skimp here and there, also splurge here and there. Sometimes you make the wrong call.

        Learned from it and moving on.

        • coffeeinmyveins on 03/12/2023 - 21:21
          +9

          If you can look at losing $20k and see it as just a lesson and a bloody lip then you are definitely not an average Joe.

          • Protractor on 03/12/2023 - 22:19

            @coffeeinmyveins: Or to put it another way, it actually warms my heart, it was such a hit. Ppl like that don't listen, don't learn.They usually lean on someone else when they dry up..

        • SpendLess on 05/12/2023 - 09:45
          +3

          next time skimp on the $20k car and get a $2k sht box thats worth not insuring
          $18k saved

    • HeWhoKnows on 04/12/2023 - 07:54
      -2

      Pure STUPIDITY. Nothing less.

    • unhuman on 04/12/2023 - 23:43
      +1

      My first thought. 20k car and no comprehensive car insurance

    • nigel deborah on 05/12/2023 - 06:19
      +2

      Yes and no. If it wouldn't financially ruin you, in theory you're better off in the long run self insuring. Car insurance brands turn massive profits after all.

      Hassle, peace of mind etc etc are all valid reasons to buy insurance and I wouldn't talk anyone out of it. But from a financial point of view OP probably made the right choice.

      (When I say insurance above I mean comp, everyone should have TPP)

    • idonotknowwhy on 05/12/2023 - 08:34
      +2

      I did over 15 years TPP. Reasoning was, I don't cause accidents (still haven't).

      Only got comprehensive for my current car, because the Uber driver talked me into it while he was driving me to Mazda to buy it, explaining that if I'm hit by an uninsured driver with no money, I'm screwed.

      • GrueHunter on 05/12/2023 - 13:04
        +1

        …you needed an Uber driver to explain why comprehensive is a good idea?

      • Euphemistic on 05/12/2023 - 13:38
        +2

        Username checks out.

  • holdenmg on 03/12/2023 - 09:44
    +1

    Wait…

    Were you at fault?
    No

    Do you have the at fault driver's details?
    Yes

    Does the at fault driver have insurance?
    No

    Read:
    Based on your answers, you may not be eligible to get an accident loan car. However, our team would be more than happy to discuss with you the details of your accident to see if you may be eligible for an accident loan car.

    For you to be eligible, you need to be not at-fault in a multi-vehicle accident, have the at-fault party details and the at-fault party must have insurance.

    https://www.right2drive.com.au/am-i-eligible says No.

    • urbancowboy511 on 03/12/2023 - 09:56
      +1

      However, our team would be more than happy to discuss with you the details of your accident to see if you may be eligible for an accident loan car.

      thanks. i guess it's still a MAYBE for Right2Drive

      • holdenmg on 03/12/2023 - 10:01
        +7

        Sure, just don't get into a situation where you accept an offer where they offer you a car and say they will try and recover the funds from the other party, but still want to to sign that you will pay if they can't.

      • Ughhh on 03/12/2023 - 10:02
        +17

        I remember reading somewhere that if R2D is unable to extract money from the at fault, you'll be footing the bill. They're not a charity, someone is gonna pay and it won't be R2D.

        • urbancowboy511 on 03/12/2023 - 10:04
          +1

          got it. will avoid this situation.

  • Fredfloresjr on 03/12/2023 - 09:48
    +4

    This is pain if the other party refused to cooperate.

    I mean, BIG BIG BIG BIG lesson.

  • Nutrino on 03/12/2023 - 09:48
    +36

    next time, only have accidents with cars that are insured.

  • Gunnar on 03/12/2023 - 09:55
    +5

    If only there was something you could have done to safeguard yourself to prepare for a situation like this

    • DashCam AKA Rolts on 03/12/2023 - 12:34

      🤔

    • cookie2 on 03/12/2023 - 14:01
      +8

      What a smart and helpful answer.

    • Protractor on 03/12/2023 - 22:19

      are brain swaps a thing?

  • Hellfire on 03/12/2023 - 10:02
    +11

    You cant just get a debt collector involved. First you need to take the other party to court and get the court to find in your favour.

    • Montyjpm on 03/12/2023 - 11:46
      +2

      How do you know he didn't mean bikie?

      • Protractor on 03/12/2023 - 22:20

        other driver has bikie mates

  • CheapandUsed on 03/12/2023 - 10:04
    +5

    Sounds like it's going to be a lot of work…

    https://financialrights.org.au/factsheet/car-accident-when-u…

  • Aust on 03/12/2023 - 10:15
    +1

    RTD or any other hire company is not going to give you a hire car without getting your credit card details as the TP is uninsured.
    Your insurer is going to chase them for the $5,000 so ask for your loss to be included in any recovery action.
    If they do likely you will also have to pay part of those costs.

  • JimmyF on 03/12/2023 - 10:15
    +7

    Car is $20K+ worth (lesson learned, get Comprehensive next time, so please dont get stuck on this)

    Surely after all the posts of not having insurance you would have read here, that you would have gotten full comp insurance.

    Lodged Claim with Insurance, max I can get is $5K (less towing, storage, etc.)

    Take the money and put the rest down as a life lesson. Why? Read on

    Get a temporary hire car from Right2Drive

    They won't give you a car as the other party has no insurance. This company is basically an equivalent of an ambulance chaser. They charge crazy prices to insurance companies on your behalf while renting you something 1/10 of the value they charge.

    Chase the at-fault for gap. ($20K minus whatever the insurance will pay me)
    If at-fault says they dont have money - get debt collector involve.

    Generally if they don't have insurance, then they are not going to pay you when you ask them for $15k, So that then means you have zero issues of them paying via debt collector either. Debt collectors are just people that keep asking over and over for the money until you give in and pay ;)

    At best, you'll end up spending thousands to go to court, win the case, but the other party will get put on a payment plan of $20/week. Which they'll never pay and you'll be back to court again trying to win.

    Honestly it is most likely NOT worth it. But feel free to try.

    • urbancowboy511 on 03/12/2023 - 10:21
      +1

      thanks for this.

      I've read some debt collectors offer "no collection, no fee". they just get a percentage of what ever can be collected. better than nothing.

      only reason considering this is I do not want to get personally involved with any collection and get as much as I can possibly can.

      I am assuming debt collectors know all the tactics to recover as much money as possible.

      • JimmyF on 03/12/2023 - 10:30
        +3

        I've read some debt collectors offer "no collection, no fee". they just get a percentage of what ever can be collected. better than nothing.

        Debt collectors generally work in one of two ways. They will take a large and I mean large % fee from the money recovered or you can sell the debt to them, which is normally around 20-30c on the dollar. Meaning they will 'buy $10k debt for $2k. So you get $2k now, and they get to keep whatever they recover from that $10k debt. Which is why most debt collection companies will happily settle for half the debt as they make money.

        Either way, you can say goodbye to over half of the funds recovered using these services or more.

        I am assuming debt collectors know all the tactics to recover as much money as possible.

        They do, but they also charge for these services. Don't enter them thinking they'll recover your $15k for you, and charge you $1-2k for doing it.

        They'll recover your $15k for you and charge you $7-10k for doing it!

      • JimmyF on 03/12/2023 - 10:33
        +5

        Have a read of some of the threads on here or whirlpool about people similar to your case and the outcomes. Generally if the person won't pay willingly after the event when asked, you rarely ever see the money. They go to court, go on a payment plan. They make a few payments and the money stops. So back to court they go again.

        Its a strange process, that even if you win in court, it doesn't mean you'll get your money. There is no real process to force them to pay. Getting assets sold only works if they have assets. Most of the time they don't.

        • urbancowboy511 on 03/12/2023 - 10:36

          thank you. so hence instead of this potential headache, just sell the debt for whatever its worth and be off the hook and move on? rather than getting zero $ and heartache.

      • trapper on 05/12/2023 - 12:43
        +2

        I've read some debt collectors offer "no collection, no fee". they just get a percentage of what ever can be collected. better than nothing.

        There is no debt though, that requires a contract or a court order to exist.

    • TrustNoBody on 04/12/2023 - 09:38
      +1

      23 years ago i had a car accident and got a judgement made against me and i was only on a single parents pension and the courts wouldn’t accept $20 pw back then so they definitely ain’t going to accept $20pw now , minimum i had to pay was $100pw and back then i was only living off something like $700pf if that ..

      • bobbified on 04/12/2023 - 11:51

        the courts wouldn’t accept $20 pw back then

        Bankstown, eh? That was once my hood! Given the demographics of the area, the court prob had too many of those $20/week proposals!

        (And I agree with the court - imagine being the recipient… I'd be pretty pissed to only be receiving $20/week!)

        • TrustNoBody on 07/12/2023 - 11:23

          yeah it actually went to liverpool court , yeah i know $20pw wasn’t much but i suppose you can’t get blood out of a stone either ..

  • solidussnake on 03/12/2023 - 10:42

    $20k car and you didn't think to fully comprehensive insure it, hopefully all the savings can go towards a new car ?

    • coffeeinmyveins on 03/12/2023 - 21:22

      Only if they had the car for fifteen years or so haha

  • Baysew on 03/12/2023 - 10:51
    +4

    Once you claim on the insurance and get your $5000 less towing and storage wouldn't the insurance company chase the other party? It's the same situation whether you have full comprehensive or third party property, the insurance company pays you out on the spot, and they pursue the debt to get their money back.

    In this case they only have to recover $5000, rather than $20k if it was comprehensively insured.

    So, you can't claim on insurance and chase up the rest of the money, because that is what the insurance company will want to do for their benefit.

    • urbancowboy511 on 03/12/2023 - 11:05
      +2

      thanks for pointing this out. it does makes sense.

      i guess i just pocket what ever is left in the $5k and move on is the best scenario.

      and also get comprehensive insurance next time!

    • trapper on 05/12/2023 - 12:48

      So, you can't claim on insurance and chase up the rest of the money, because that is what the insurance company will want to do for their benefit.

      The insurance company can't profit from it like this, they would only be able to sue for the $5k.

      OP can sue for the remainder, total costs - $5k.

  • El cheepo on 03/12/2023 - 10:53
    +4

    Have you tried speaking to the at fault party and coming to an agreement?
    It’s a long shot, but it’s possible they may be willing to throw a couple of grand your way and avoid debt collecters etc.

    Not all people without insurance are complete degenerates with no morals that will dodge everything you throw at them legally.
    They might just be broke, but willing to put out a few grand to make the trouble go away.

    Just don’t expect them to hand you 15k.
    I know it sounds silly, because you should get what your owed - but thats on both of you for your insurance choices.

    Take what you can get easily.

    Edit: in light of the comments above, might be worth consulting the at fault party before insurance to see what agreement you can come to.

    • urbancowboy511 on 03/12/2023 - 11:03

      unfortunately, seems the type that will not pay. i guess best bet is to get insurance money and move on sadly.

      • El cheepo on 03/12/2023 - 13:00
        +1

        Have you actually tried asking/negotiating yet though?

        • urbancowboy511 on 03/12/2023 - 15:07
          +4

          yup called the next day to get her thoughts on settlement. Typical bogan response and demeanor. So I really do not want to deal with her personally anymore.

    • trapper on 05/12/2023 - 12:50

      Have you tried speaking to the at fault party and coming to an agreement?
      It’s a long shot, but it’s possible they may be willing to throw a couple of grand your way and avoid debt collecters etc.

      Unless the agreement is 'yes, I'll transfer the money now' you are far better off getting a court order for him to pay.

      • El cheepo on 05/12/2023 - 18:04

        You never know if you don’t ask.
        Many moons ago a backpacker hit my girlfriend at the times car and was uninsured.
        She only had 3rd party (was an old car anyway).

        Initially he said no to paying. After a couple phone calls and a couple chats, he fronted up with the cash (which was a surprise).

        Moral of the story, try asking nicely first. Waste your time with small claims second.

  • bobbified on 03/12/2023 - 10:57
    +8

    I don't know what to say, but car getting destroyed just before Christmas break must really suck. Hope you've got a second car (that's got comprehensive insurance!).

    • urbancowboy511 on 03/12/2023 - 11:18
      +1

      thanks!

      yeah have another car (and yup comprehensive!)… just have to drive around the missus for now.

      • Montyjpm on 03/12/2023 - 11:49
        +2

        Make sure you're covered in THIS comprehensive insurance before driving.

        • WhyAmICommenting on 05/12/2023 - 01:17
          -1

          Next post: Forgot to renew insurance on main car…

  • Muzeeb on 03/12/2023 - 11:05

    Get the at fault party to repay at $10pw. I can't be fooked doing the maths on term length.

    • DashCam AKA Rolts on 03/12/2023 - 12:38
      +2

      $20K/$10pw = 2000wks = 38years, 5months and 2 weeks. Not including any interest.

      • Muzeeb on 03/12/2023 - 15:18
        +1

        That is just cents. Cheers

      • JimmyF on 03/12/2023 - 15:26

        and they stop paying after 2 months…..

        • Muzeeb on 03/12/2023 - 16:21

          Still $80 better off

  • Euphemistic on 03/12/2023 - 11:44
    +1

    If they aren’t gonna pay, you’re pretty much wasting your time chasing them. They’ll string it out and cause you headaches for $10/week for 20 years.

    Take your $5k and a massive lesson in life.

    • urbancowboy511 on 03/12/2023 - 11:55
      +1

      thanks for this.

      agree, and particularly to the at-fault in this scenario - my senses tells me I will not see a cent if I go the chasing route.

      taking the $5K and moving on.

      • hasher22 on 03/12/2023 - 13:16
        +4

        IMO, try to recover costs from the at-fault-driver as they technically got away with it if you don't do anything. While their car is messed up, they need to deal with you as well, I don't know the avenues to legally claw back some money from them but I hope you do at least try.

        • urbancowboy511 on 03/12/2023 - 15:44
          +4

          I will try. However my thoughts below.

          • As pointed out by someone above, since I already claiming $5K from insurance, they will take over it and do the chasing.

          • Personally chasing after a bogan who is not going to pay anyway is taxing, frustrating, and may put my life in danger.

          I am not saying I am rich that I don't fuss about loosing a car. Sure, it does hurt. I made the wrong call and skimped on insurance, not going to do it again though.

          Learned and moving on.

          • Muzeeb on 03/12/2023 - 16:04
            +3

            @urbancowboy511: That's the spirit. Not the traditional ozbargain response so I'm feeling a bit confused today.

  • Dollar General on 03/12/2023 - 13:08
    +6

    Make the at fault person your butler

  • hasher22 on 03/12/2023 - 13:18

    Just wondering with your TPP, if your car is worth 20k+ but lets say you had an accident small or large with another car or a property etc…. I am just interested on what would you do financially to fix your own car? Because repairs ain't cheap now, while it's nice you covered the other person(s), who's covering you?

    • urbancowboy511 on 03/12/2023 - 13:32

      the one at-fault. if it's your fault, you're on your own.

      in this scenario, it got complicated because the one at-fault is uninsured and has no capacity to pay. hence, the easiest path is take $5k from insurance, get comprehensive insurance next time, and move on.

      • hasher22 on 03/12/2023 - 13:56

        Yes I understand the not at fault situation, but what happens when you're at fault, what would you have done to fix or replace your own car?

        For example my mother has a car worth 4k and she's on TPP but my car is worth 23k and I'm on comprehensive.

        I couldn't come up with the money to get another car or repairs if I had TPP if I got into an at fault accident.

        I'm just curious on your decision to take TPP given your car's worth that's all.

        I'm not trying to underestimate you at all, I just find it interesting when people don't get insurance or a reasonable insurance to cover all basis if one doesn't have the savings to cover.

        • bobbified on 03/12/2023 - 14:37
          +1

          Sometimes, when it's your own fault, you can say.. "F it" and get over it.

          • hasher22 on 03/12/2023 - 16:03

            @bobbified: Yes. I can imagine the other driver not having insurance but the financial burden they have now since they don't have insurance.

            I remember an article about a Merc not having insurance and they had to pay something like 40k for their own car and the other car's repairs, not enough as a write off but a big dent in the wallet that's for sure.

            • bobbified on 03/12/2023 - 16:11
              +2

              @hasher22:

              they had to pay something like 40k for their own car and the other car's repairs

              That means they didn't have Third Party Property Damage insurance as well. OP had that in this case (although he wasn't at fault in this case).

              When I was 20, I had WRX that I bought for $40K cash. Stupid me didn't check the comprehensive premiums before I bought the car and I found out that the premiums were over $6K/year. I took the risk of driving it around without comprehensive insurance for a while, but I did get CTPPD in case I ran into a Ferrari or something like that. I figured that, if it's my own fault, I'd cop it on the chin and live without a car for a while (and my CTPPD insurance would cover any property I damage). The biggest risk in my head was if someone else hit me and they didn't have insurance (like OP's situation now). I'm glad I didn't get into any incidents and I got rid of it in less than 12 months (lost a couple of thousand in the sell price, but it was worth it for me).

              Everyone's got a different risk appetite.

              • urbancowboy511 on 03/12/2023 - 16:53
                +1

                @bobbified: Exactly. Its a risk appetite thing.

                I considered myself a safe driver as i have never been involved in a road accident in my in my 15+ years of driving.

                Did not occur to me the scenario where at-fault is uninsured and is a bogan!

                As I said above, I am not rich, but this is not something I will cry about for weeks.

                Sometimes you tend to skimp on things, splurge on some. You make the wrong call sometimes.

                All left to do is learn and move on.

                • kerfuffle on 03/12/2023 - 18:36
                  +1

                  @urbancowboy511: Just because you're a safe driver who hasn't had an accident in 15 years doesn't mean you're immune to accidents.

                  • Protractor on 03/12/2023 - 18:51
                    +1

                    @kerfuffle: It's just mind bogglingly stupid reasoning.

                  • Cheapskate Paul on 03/12/2023 - 19:41

                    @kerfuffle: I'm pretty sure that the OP realises that now.

                  • Euphemistic on 04/12/2023 - 10:47

                    @kerfuffle:

                    Just because you're a safe driver who hasn't had an accident in 15 years doesn't mean you're immune to accidents.

                    While this is true, not having had any crashes is a decent indicator that you’re at reduced risk of crashing. Some people think that reduced risk is enough to not pay extra for comprehensive insurance and factor the risk into their finances.

                    Personally I haven’t had an at fault since last century and I’d happily go 3rd party for a vehicle valued up to about $10k if it meant a decent saving in premiums each year.

                  • Poor Ass on 05/12/2023 - 00:58

                    @kerfuffle: OP is jinxed now by this comment

                • Protractor on 03/12/2023 - 22:24
                  +1

                  @urbancowboy511: "No accident"s in 15+ years doesn't indicate your driving skills, nor justify not having proper cover.
                  Where you are now is a decision based outcome.

  • Protractor on 03/12/2023 - 17:18
    -1

    Bogans don't care if their 'victims' were daft enough to go without comprehensive.
    Ozb members don't care if you plead to not be bagged for doing the usual dumb insurance thing, either.
    It has nothing to do with how good you drive, or how lucky you are.
    Look around you at all the things that the insurance money was wasted on. That's what a smirking inanimate object looks like.

    • Gunnar on 03/12/2023 - 18:04
      -1

      Saying “please don’t lecture me on insurance” is basically inviting people to give you unsolicited advice on why you need insurance. The subsequent arrogant (of sorts) responses from the OP encourages jerks like me to go out of their way to tell the OP that. However, in news to no one, the OP is a slow learner and no doubt is now going to throw good money after bad

  • Drakesy on 03/12/2023 - 17:50
    +4

    In no way should you come off worse for someone else crashing into you.
    Get the court to Make them claim bankruptcy if they cant pay. Blaming yourself for another's mistake really isnt the right thing here. Teach someone like this a lesson

    • Protractor on 03/12/2023 - 18:50
      -2

      " Blaming yourself for another's mistake really isnt the right thing here."

      Most ppl here agree, but it's about the 1st and most crucial mistake of not going comprehensive.$20 K value is hardly a disposable car.

      And then to follow that dismal choice with an online 'throw eggs at me' invitation, shows a lot of ego simmering in the background, via another poorly thought through decision.

  • bargain ben on 04/12/2023 - 07:59
    +2

    If you don’t have insurance (well you have TPP which is nearly the same as nothing) then how do you know that your car is a write off? Surely it’s still worth something even smashed up.

  • ColtNoir on 04/12/2023 - 08:37

    Speak to a lawyer and get some legal advice on how to pursue the other party.

  • gyrex on 04/12/2023 - 09:58
    +6

    Those telling you to take the $5K and walk away letting the other uninsured party walk off scott free are capitulating and a little too forgiving for my liking.

    I'd send the at fault party a letter of demand for the difference between what the insurance payout is and the market value of the car. If they don't respond or tell you they don't have the money, then take them to small claims court and represent yourself. It doesn't cost much and if you dedicate a few hours to compiling a case and arguments, you'll be fine. The court can make an order against them and you can proceed to recover those funds via debt collectors (they'll take a small cut) or you can apply to garnish wages if the debt collectors reveal that they have no assets.

    • JimmyF on 04/12/2023 - 10:39
      +1

      Those telling you to take the $5K and walk away letting the other uninsured party walk off scott free are capitulating and a little too forgiving for my liking.

      Or offering advice from people who have done this and said it wasn't worth the hassle vs the cost for an amount like the OPs.

      I'd send the at fault party a letter of demand for the difference between what the insurance payout is and the market value of the car.

      Sure won't hurt and cheap enough to try.

      then take them to small claims court and represent yourself. It doesn't cost much and if you dedicate a few hours to compiling a case and arguments, you'll be fine. The court can make an order against them

      Same as above, cheap enough to 'try'.

      and you can proceed to recover those funds via debt collectors (they'll take a small cut) or you can apply to garnish wages if the debt collectors reveal that they have no assets.

      LOL here is where we part ways. Sorry but no debt collector works for a 'small' fee that I've ever seen. They'll be taking at least half of any payment they get or more.

      Plus to garnish wages, they have to have wages in the first place ;)

      There is no fast/quick/easy way for the OP get their money. It could be a long drawn out process taking years.

      • gyrex on 04/12/2023 - 11:15
        +1

        It could be a long drawn out process taking years.

        Small claims court is usually a pretty expeditious and painless exercise. I'm one of those people who have the time to devote to incidents like this and I don't like people escaping their responsibilities, financial or otherwise so it's worth the time and effort.

        LOL here is where we part ways. Sorry but no debt collector works for a 'small' fee that I've ever seen. They'll be taking at least half of any payment they get or more.

        A quick Google search indicates a 15% fee from this debt collection agency on a "no collection, no commission" structure which I think is pretty reasonable: https://jmacreditcontrol.com.au/blog/how-much-does-debt-coll… . There might be other debt collection agencies out there offering better rates too, this was a 30 second Google search.

        • JimmyF on 04/12/2023 - 12:04

          Small claims court is usually a pretty expeditious and painless exercise. I'm one of those people who have the time to devote to incidents like this and I don't like people escaping their responsibilities, financial or otherwise so it's worth the time and effort.

          I agree small claims won't take long, nor should people escaping their responsibilities.

          The long drawn out part is getting the money even after small claims.

          A quick Google search indicates a 15% fee from this debt collection agency on a "no collection, no commission" structure which I think is pretty reasonable

          You missed the * part though that says…..

          • Rates are for debts less than 12 months old and are subject to JMA qualification criteria.
    • Euphemistic on 04/12/2023 - 10:51

      That’s all well and good but it might end up being a lot of effort for a very little return. I’d be basing my effort on the appearances of the person at fault. Was it a 20yo commodore? Basically, Do they appear to have money? If not, it’s not worth the effort. If it was a new BMW driver at fault I’d spend a lot more time and effort to get restitution.

      • gyrex on 04/12/2023 - 11:12
        +1

        Basing someone's wealth on how they look or what car they drive is a very poor metric. I know a bloke who's worth somewhere north of $50M who drives an old commodore ute (daily driver) and on a normal day wears shorts and t-shirts - someone off the street would think he's a gardener. His country home has a 14 car garage filled with Ferraris and his home on the beach would be worth north of $10-15M. Some of the poorest people I know drive BMWs. Admittedly, his commodore ute is probably comprehensively insured, however, so I'll give you that - I'm just saying, basing someone's wealth or opportunity to pay based on the car they drive or how they look is a useless indicator in Australia.

        • Euphemistic on 04/12/2023 - 11:38

          Dress and vehicle could be a poor metric, but whats the address on his licence? Overall you get a vibe of wether the person is going to pay up or has the money. Sometimes it’ll be wrong but it can help make the decision wether to pursue or not. There are always exceptions to stereotypes.

          • gyrex on 04/12/2023 - 11:44

            @Euphemistic:

            There are always exceptions to stereotypes

            I'd say the stereotype you're alluding to is backwards. The wealthiest people I've known throughout my life don't want anyone else to know how much money they have (and/or don't care what other people think about them ie. they're confident in who they are as a person) and they dress and drive cars according to this projection. The poorest people I know want people to think they've got lots of money and dress and drive vehicles accordingly.

            • Ughhh on 04/12/2023 - 13:44

              @gyrex: What's the chance of the next 20yr commodore/non lux car you see on the road belonging to a closet rich person, or a regular Joe living pay check to pay check?

              Either is possible, but you work on likelihood.

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