In a Dielma,New Car Insurance.. Guy won't own up to it...Not happy.

Hybrid34 · 16-10-2008, 02:11 AM

So I've just brought myself another car 2days ago(runabout on gas) 92 Fairmont Ghia Full leather, sunroof, leccies all the nice stuff, went to pick up me mum from work and this happens....

I indicate and slow down as most would to turn into a house, as I start to turn some ****a in a Bombed up HQ wagon tries to overtake me tboneing me wrecking my rear RHS door....he gets out starts going off his head saying its my fault, that I didn't indicate..and that He thought i was pulling over to the left,..
Almost punching on with him as he was threating to bash my face in mum came out n called the cops...
He got booked for tailgating and not leaving enough room between cars..Im stuck with a F**kd door and a ****a who doens't have any insurance (still thinking he was in the right)....

So I have to ask, I have third party, He has no insurance, he is in the wrong..how Do I go about fixing the door? (expense wise?)

Though i'd get it off my back as Im pretty ****ed off about it...
-Ash

DoreSlamR · 16-10-2008, 02:14 AM

Get his details
make a police statement
make a claim with your insurance company
tell them police statement number
let them sort it out

seduced_xr · 16-10-2008, 02:41 AM

umm isnt it illegal to overtake in a residential area like that?

Airmon · 16-10-2008, 02:47 AM

I had the same thing happen to me, except I had full comp, but it shouldn't matter.
I gave the Report/incident number to the insurance company, and they took it from there, my car got repaired and they went after the other bloke for the money. Ended up sending debt collectors after him, but my car got repaired straight away.

woodsy109 · 16-10-2008, 02:52 AM

Quote:

Originally Posted by DoreSlamR

Get his details
make a police statement
make a claim with your insurance company
tell them police statement number
let them sort it out

Um no. The OP said he has third party so his insurance company isn't gonna want to know about it.

Either get it fixed or get a quote to fix it.
Lodge a claim with the court to recover costs from guy who hit you.
Get $10 a week for the next 5 years because he is on the dole.

This is why you need comp insurance.

DoreSlamR · 16-10-2008, 03:38 AM

Quote:

Originally Posted by woodsy109

Um no. The OP said he has third party so his insurance company isn't gonna want to know about it.

Either get it fixed or get a quote to fix it.
Lodge a claim with the court to recover costs from guy who hit you.
Get $10 a week for the next 5 years because he is on the dole.

This is why you need comp insurance.

Ehh bugger, must of misunderstood it. yeah 3rd party will only pay for damages to his car..my bad.

maccamom · 16-10-2008, 08:44 AM

Quote:

Originally Posted by woodsy109

Either get it fixed or get a quote to fix it.
Lodge a claim with the court to recover costs from guy who hit you.
Get $10 a week for the next 5 years because he is on the dole.

This is why you need comp insurance.

Exactly right, too many oxygen thieves on the road to not have full comp. Would have been easy in this case to lodge the claim too as the Police had issued a penalty notice to the other driver.

sgt_doofey · 16-10-2008, 09:57 AM

Quote:

Originally Posted by woodsy109

Um no. The OP said he has third party so his insurance company isn't gonna want to know about it.

It wasn't the guys fault so insurance should cover the repairs. As far as I am aware, Third Party covers the other car's repair expenses if the accident is your fault, If it's not your fault, I'm not sure.
Best bet would be to call your insurance company and find out what they can do for you. If they will sort it out, then let them. Saves you having to stuff around fixing it up.

Pinch · 16-10-2008, 10:09 AM

Definitely call your insurer, tell them what happened, and ask what they can do.

I have third party property, fire and theft cover on the NC and am covered for up to $3000 in damage to my car if hit by an uninsured driver and I can name them and give details.

We all don't know what your policy says though so call and ask the insurer pretty quick.

If the other driver has third party property, that will fix your car too.

XR Martin · 16-10-2008, 10:35 AM

Get three quotes and then take him to small claims court.

Dezza · 16-10-2008, 10:36 AM

It's all well and good saying he should have full comp but for an e-series, it's just not worth it. Usually the premium costs more than the car is worth! Seeing the P-plates means it would be even more expensive! I have 3rd party property for that reason. That's so if I hit something expensive, it's not going to send me to the poorhouse for the rest of my life. As for the EA, if I wrote it off, I'd be able to buy another one for less than the premium for full comp!

For 3rd party, if someone hits you, they still pay to fix it. When I got rear ended, the other bloke's insurance covered the repairs to my car. I think woodsy's right here. Take him to court.

68XTFairmont · 16-10-2008, 10:48 AM

in a perfect world the third party insurance that we all pay when we register our car should cover property aswell, My compulsory third party on my registration costs me more per year than the minimum of third party property that i make sure i have on any vehicle i drive or ride. If you can't afford third party property you should be on a bus.

In saying that I think that you should be able to get a refund on compulsory third party insurance if you produce a copy of your private insurance policy.

As far as your problem goes, watch this dole bludging bogan kingswood drivers house for a while. Soon it will be evident when his Hydro crop is ready, Then it is time to go visiting with some mates lol

JMO · 16-10-2008, 10:59 AM

I know AAMI cover you up to $3000 (I think) if the other driver is at fault and they don't have insurance, as long as you can prove they were at fault.

S3SR · 16-10-2008, 11:00 AM

id call the insurance company up and ask itd cost all of what 40c and if they will cover it as they would normally have had to chase it through his insurance, but can now just send him the bill

youve got the police report which no insurance company can argue with, by getting quotes and trying to chase him for dollars i can just see him using his "persuasive" skills again

if insurance will cover it by all means do it through them, firstly the peace of mind thats its garunteed work and theres options to fall back if its not done properly, they do all the paperwork and running around, they pay for it

i love how people think they can solve something with violence - he was clearly in the wrong no insurance and probably thought he'd try to intimidate you with threats of violence to get out of it .... tisk tisk

good luck

Keepleft · 16-10-2008, 11:18 AM

Quote:

Originally Posted by Pinch

Definitely call your insurer, tell them what happened, and ask what they can do.

I have third party property, fire and theft cover on the NC and am covered for up to $3000 in damage to my car if hit by an uninsured driver and I can name them and give details.

This is in reality quite appropriate insurance for many folk, the HQ driver should have had this - but alas - many don't!

(OP - hit the hazards - abandon not so, even in a quite one).

The skid marks tell an interesting story of that area.

BAxtER · 16-10-2008, 12:17 PM

1st year i owned my car i only had 3rd party insurance, my car got hit in a car park and the driver just drove off, was lucky enough that a witness saw it and left the rego plate on a piece of paper on my windscreen.

I called up my insurer with the other cars rego, and they sorted it out. You shouldnt have any problems. My car was fixed, and i was a happy customer.

LOCO XP · 16-10-2008, 12:36 PM

Shame about the door, but could be a lot worse..... Is it just the driver side rear door damaged? Perhaps weigh up the costs of pursuing a claim against an uninsured driver (legal costs, phone calls and dont forget YOUR TIME AND HEADACHE!!) against the cost of finding a door from a wrecker in decent nick. Something to think about. If you can't settle something out directly with the driver (bluffing goes a long way, but you need to know what you're talking about), get some cash if you can and move on.

Hybrid34 · 16-10-2008, 12:38 PM

Quote:

Originally Posted by maccamom

Exactly right, too many oxygen thieves on the road to not have full comp. Would have been easy in this case to lodge the claim too as the Police had issued a penalty notice to the other driver.

As DEZZA said, I paid 2g for this car..full comp is somthing like 2grand a year...and this is only a runabout car (as i've got the fairlane for weekends,) so I couldn't fathem paying out that much for a runabout..

Quote:

Originally Posted by maccamom

Exactly right, too many oxygen thieves on the road to not have full comp. Would have been easy in this case to lodge the claim too as the Police had issued a penalty notice to the other driver.

I will contact him, give him these options:
-I send you two quote for re-spray and panel beating for the damaged area..he pays
-charge him $300 for me to go out hunt for a new door, take it off, put on the other new door (wasting my time basically when i can do it formally and get is sprayed which is how its meant to be)

-If he doesn't comply with any of above, write a formal lawsuit letter threating to take him to court...stating how he will loose as he got fined for this incident, thus having to pay etc etc..
^^^ Even though I think it doesn't go 2 court yet, it starts off As ADR..
Cheers

Quote:

Originally Posted by 68XTFairmont

As far as your problem goes, watch this dole bludging bogan kingswood drivers house for a while. Soon it will be evident when his Hydro crop is ready, Then it is time to go visiting with some mates lol

Yeah you've probly got him spot on....

But all in all, every1 is saying to go 2 insurance company and get him to own up to it...thing is this bogan doesn't have any insurance, so the company will contact him, asking him for his insruance company and he will say he dun have none...

elusiverunner · 16-10-2008, 12:50 PM

I am a little rusty here so bear with me. Your insurance company isn't going to help what-so-ever. I believe you will need to get three quotes, I think, then you need to send him a letter of demand with copies of the quotes and police report. The police booked him I hope.

Now this is where I am really rusty. If he does not respond to your letter of demand you go to the local court and talk to a magistrate and have him summonsed before the court and they will judge what and how he is to pay. If he fails to pay it is a matter of dragging him before the court again and then the Sherrif gets involved and siezes property to the value of the repair.

Please don't count this as gospel and seek advise from the court and you should be able to pick-up a booklet from you insurance company on how the procedure works, what you have to do and how to format the letter of demand.

Hope this helps you out.

Spanrz · 16-10-2008, 01:34 PM

I know where that is too. Back streets of FTG!
Interesting that he tried to overtake, in that area, with a car parked in the lined area!
Nearly took out 2 cars. LMAO, that would be a good one.

Wally · 16-10-2008, 02:04 PM

Quote:

Originally Posted by elusiverunner

I am a little rusty here so bear with me. Your insurance company isn't going to help what-so-ever. I believe you will need to get three quotes, I think, then you need to send him a letter of demand with copies of the quotes and police report. The police booked him I hope.

Now this is where I am really rusty. If he does not respond to your letter of demand you go to the local court and talk to a magistrate and have him summonsed before the court and they will judge what and how he is to pay. If he fails to pay it is a matter of dragging him before the court again and then the Sherrif gets involved and siezes property to the value of the repair.

Please don't count this as gospel and seek advise from the court and you should be able to pick-up a booklet from you insurance company on how the procedure works, what you have to do and how to format the letter of demand.

Hope this helps you out.

Not with my insurer. I recently had some bloke run into my parked car. I simply dialed RACQ, they gave me a job number, I drove it to an RACQ relay station, gave them the keys and they gave me a taxi voucher to get home. A week later I picked up the car, paid the panel beater the excess and drove off. RACQ will refund the excess once they have pursued the culprit through the courts or through his insurer. My no claim bonus is not affected.

xe351 · 16-10-2008, 02:14 PM

for all the hassle involved, it would be easier to go to the wreckers/ebay and buy another door for $50

Jason[98.EL] · 16-10-2008, 02:22 PM

Quote:

Originally Posted by xe351

for all the hassle involved, it would be easier to go to the wreckers/ebay and buy another door for $50

would you be happy to go to the wreckers to get another panel/door if some ran into your car ?????

i dont think you would so why should the op do the same ???

it may only be a $2g car but that is not the point here what if it was a $30 g car would you just go and get another panel / door

Grimus

Rodp · 16-10-2008, 02:27 PM

Quote:

Originally Posted by Grimus

would you be happy to go to the wreckers to get another panel/door if some ran into your car ?????

i dont think you would so why should the op do the same ???

it may only be a $2g car but that is not the point here what if it was a $30 g car would you just go and get another panel / door

Grimus

I wouldn't be happy about it either but it certainly would be a lot less hassle in the long run. $50 and an afternoon to get a door and fit or countless hours, frustration and likely a court battle to see if you can get money out of him.

If it was a $30k car, I'd hope that it would have comprehensive insurance and the insurance company would do the leg work for you.

Jason[98.EL] · 16-10-2008, 02:37 PM

Quote:

Originally Posted by Rodp

I wouldn't be happy about it either but it certainly would be a lot less hassle in the long run. $50 and an afternoon to get a door and fit or countless hours, frustration and likely a court battle to see if you can get money out of him.

If it was a $30k car, I'd hope that it would have comprehensive insurance and the insurance company would do the leg work for you.

i agree there and btw i have full comp on my car and its an e-series

i have been in the being hit by a person without insurance thing before and it was a bugger of a time for me i really hope that people see what can happen from this situation

i have also been on the other side of no insurance hitting another car i forgot to do a change of address to my insurance co and never got the renewal notice so i had to pay up for a 3 day old commy that i shunted up the a$$

i dont look for sympathy on that one but i do also know what it is all about

take it to the next level i say

Grimus

sgt_doofey · 16-10-2008, 03:04 PM

Quote:

Originally Posted by Hybrid34

thing is this bogan doesn't have any insurance, so the company will contact him, asking him for his insruance company and he will say he dun have none...

That doesn't matter. If your insurance company will cover the costs of the repairs to your car, then they'll chase him up for those charges. It doesn't matter that he doesn't have insurance. If your insurance will get your car fixed, then it will save you the hassle of court costs, etc chasing up the bloke for money.
Just ring your insurance company and see what (if anything) they can do for you.

xe351 · 16-10-2008, 03:05 PM

Quote:

Originally Posted by Grimus

would you be happy to go to the wreckers to get another panel/door if some ran into your car ?????

i dont think you would so why should the op do the same ???

it may only be a $2g car but that is not the point here what if it was a $30 g car would you just go and get another panel / door

Grimus

absolutley not, he has every right to be peeved, was just saying that as far as getting it fixed that would be the easiest and cheapest method. In many cases it is cheaper to do this than pay an excess to fix it.

maybe step down off that high horse

xe351 · 16-10-2008, 03:08 PM

Quote:

Originally Posted by Rodp

I wouldn't be happy about it either but it certainly would be a lot less hassle in the long run. $50 and an afternoon to get a door and fit or countless hours, frustration and likely a court battle to see if you can get money out of him.

If it was a $30k car, I'd hope that it would have comprehensive insurance and the insurance company would do the leg work for you.

this is what i meant, less headaches less time and possibly a better job

Penelope Pitstop · 16-10-2008, 03:20 PM

Putting on my insurance agent hat once again.

Depending on who you are insured with you should have cover for this incident under third party because you were not at fault.

I know the company I work for offers $5,000 for its clients who have damage caused by a non insured driver who is at fault – as long as they can give details of the non insured driver and prove they were at fault.

He may think he was in the right but if you tell the insurance company he was fined for following too close and tailgating then I would think they would more than likely side with you. Also get the police report number.

The insurance company will take it up with the other driver and then it becomes their problem.

If I were you I would jump on the website of your insurance company and access their Product Disclosure Statement or read the one they issued to you when you took out the policy. Check for their details on damage by uninsured drivers if you do not have Comprehensive Cover – once you are informed on their stance – ring them up and lodge a claim. Well worth a 15minute investment if it gets your door fixed for free.

Hybrid34 · 16-10-2008, 03:57 PM

Cheers guys for all the info and advice, I will ring my insurance company as soon as I can,

Quote:

Originally Posted by xe351

absolutley not, he has every right to be peeved, was just saying that as far as getting it fixed that would be the easiest and cheapest method. In many cases it is cheaper to do this than pay an excess to fix it.

maybe step down off that high horse

Only thing with getting another door its going to take me a whole day to fix it all up, not only the cost and time, but its going to be hard to find a fairmont door (due to the colour coded plastic strip on it)
I was thinking of approaching him with $400 or so to get a new door (i'll do all the work myself, basically charing him more for all my time i have to waste, not only this but he was an arrogant bstrd, threatening to bash me so I have no sympathy for him)..
or the other option is insurance company having to go through them, police reports, court, ADR...
So Im basicallyt summing up what i should do..
- Ash