Someone rear ended our car from behind, they are unlicensed and we don't know what to do.

Llemonadeskies on 01/02/2016 - 02:07
Last edited 01/02/2016 - 02:09

Hey guys, need some serious advice about what to do in this situation

My brothers corolla was rear ended whilst stopped at a red light intersection by an UNLICENSED overseas non-citizen, driving a rented car with no insurance. We have all the possible details of this driver including his address and name, and phone number. The damage done is not that sevre, however it’s possible the bumper may need some structural reshaping/replacing, and there may be cracks in it.

This indian guy gave us a few options, and makes it clear that he doesn’t have much money which I think is utter bull considering he a) works full-time whilst studying part time accounting in TAFE/university and b) claims he is ‘leaving for india’ on this coming wednesday (which seems completely convenient seeing as he will have this settled quickly to his advantage if this is the case). As such, he offered to pay my brothers excess in exchange for not reporting him to my insurance company. He also said he was willing to go through/pay for a ‘cheap mechanic he knew’ or ‘one off gumtree’ for a cheap discounted price.

Obviously, I am worried about the accountability here — how do we make sure we can record it was really him driving when a) his car is rented and b) he has no license. Also if we go through a non-official mechanic this might mean the damage done could be even more and there would be no accountability for us to backtrack or get things redone.

Understandably this situation is a mess, what should we do? Do we go through insurance and report him - the question is will our premium/excess go higher?

Automotive

Comments

  • spackbace on 01/02/2016 - 02:19
    +14

    Go through insurance before it becomes a mess. I'm assuming you have his details, and with the car registration they should be able to track down the hire car company.

    You shouldn't have to pay your excess if you have his details.

    Sounds like he'll give you every excuse but it's not your problem.

    Oh and he can't hire a car without some form of license, unless someone else hired it for him. In that case I'm sure the hire car company would be very interested!

    • lemonadeskies on 01/02/2016 - 02:29

      So you're saying this is the best option even when dealing with someone with no license? And would this guy be convicted or the person that rented him the car? I mean I guess it's one thing to feel sympathetic to do them some good by not reporting if they have the immediate funds to pay you off straight away.. but it seems like this guy is dodgy from the get go with the holes in his story.

      More opinions would be great

      • Ughhh on 01/02/2016 - 05:52
        +5

        If it's a hire car, wouldn't the car have the company's logo sticker on it?

        Anyway, report it to your insurance (assuming you have comprehensive), they should billing the hire company who will then pass the bill on to the hirer/driver.

        Also, you would have to have a single digit IQ to even consider letting him get a mechanic from gumtree or a friend he knows.

        You don't have to listen or obey what he says.

  • pencilman on 01/02/2016 - 02:35
    +6

    If the car is RENTED from a large rental car company such as Hertz, Budget, Thrifty etc, the car will have insurance.
    Doesn't matter if the driver doesn't.
    Also, for him to rent the car he would have to have a licence, and a credit card …..
    So I suggest you can make claim against the rental car company and they can chase up excess payments with the driver.

    key thing is - is the rental car company a legit one.

    Did you find out what rental company it was rented from?

    You should not allow him just to pay your excess and you claim as your own fault - you will end up paying far more in insurance premiums in subsequent years, and have to declare that you made a claim if you change insurers…

  • Henryneko on 01/02/2016 - 03:19
    +2

    Cal your insurance company NOW. And let them chase up with the rental company/insurance.

  • [Deactivated] on 01/02/2016 - 03:30

    -My opinion
    It's probably not the driver of a hire car that's responsible for insurance payout. It's the hirer, who must show his driver's license, and insurance will always be active on a hirecar.
    If the hirer allowed the unlicensed driver to use the car, the hirer is responsible for your damage in my view.
    If he was not allowed by the hirer, the driver has effectively stolen this vehicle and police should deal with him directly. The insurance should cover your damage as long as the hirer acted according to rental contract.
    Well some ideas anyway.

  • DarkOz on 01/02/2016 - 06:16
    +11

    You should have called the Police when the driver's licence wasn't available in the exchange of detail. If you are insured just pass the accident detail to your insurer that most importantly include the detail of the offending car and driver. Your insurer will chase it up for you.

  • Marcsie on 01/02/2016 - 06:27
    +5

    Silly you,just report it to your insurance company,end of the story :)

  • websterp on 01/02/2016 - 06:58
    +2

    This is the hire car company's problem. As many others have already mentioned contact your insurer ASAP and provide all info you have. If it is a hire car it should have insurance. Otherwise the hire car company is not doing it the legal way(Hope it is not some one man car hire company doing cash deals on Gumtree). The driver would have given his CC and ID info to the hire car company during pickup so both the insurer/hire car company has enough information to retrieve the repair/admin costs from the driver. Usually when you are hiring a car you are given the option to pay extra and reduce the excess. That would have been the other driver's decision. Either way he is accountable and as it is a rear-ended collusion he is the guilty party. You don't have to pay excess or have your repayments going up.

    Simple answer: Call you insurer. Tell them what happened and give them the information you have and wait for them do their thing. Simple!

  • burningrage on 01/02/2016 - 07:07
    +2

    Let your insurance deal with it. It sounds like it's going to be a messy affair to be worth of your time.

  • Multiverse on 01/02/2016 - 07:23
    -7

    You have a cracked bumper and post it on OzBargain? LOL

    • ChickenTalon on 01/02/2016 - 09:29
      +3

      Cracked bumper is the obvious sign. Under that could be any number of expensive things. It could be a simple bumper replacement, or it could be damage to the exhaust system, boot/tailgate etc.

      I've been rear ended with zero obvious damage in a rear engine car, if i wasn't sitting the car at the time I wouldn't even have known until I'd tried to drive it. Bumper looked fine, but trashed exhaust, radiator and some engine damage.

  • Baysew on 01/02/2016 - 09:12
    +1

    Do we go through insurance and report him - the question is will our premium/excess go higher?

    Yes, this is why you have insurance. To cover this exact situation as you have described.
    Maybe there will be a cost in premium/excess but it is worth it, rather than stressing out as you are now.

    One phone call and problem is over.

  • Donaldhump on 01/02/2016 - 09:15
    +1

    leaving the country my a$$. id make life difficult as hell for him

  • cowiie on 01/02/2016 - 09:58
    +2

    No licence? Don't you call the cops for these matters. Or is it considered not a police matter?

  • LisaNeedsBraces on 01/02/2016 - 10:12
    +1

    +1 for reporting the guy to insurance.

    It's insulting enough that he's trying to bamboozle you in the first place. at the very least he should have enough respect for our laws to not drive without a license, but no.

    He will have friends that are aware of his illegal driving shenanigans, and therefore needs to be made an example of in order to send a message across.

    I live in Sydney but have had similar experiences with such drivers when in Vic.

  • lemonadeskies on 01/02/2016 - 10:57
    +5

    ALL SORTED, reported the guy to insurance, no excess paid. I wonder what will happen to him, will he get deported? Poor guy!

    • hellbound on 01/02/2016 - 11:26

      Thanks for the update, if he is actually leaving Wednesday then I don't think deportation will be much of a concern for him!

    • spackbace on 01/02/2016 - 11:28
      +2

      Likely just a fabricated story to try to get away with it. Not your problem at all, he put himself in that position. And frankly, sounds like there's a reason he doesn't have a license ;)

  • plmko on 01/02/2016 - 11:59

    When you say 'unlicensed' are you really referring to the guy holding an Indian license but driving on Australian roads? Because the latter is allowed depending on the state and period the person is staying here.

  • doctordv8 on 01/02/2016 - 12:11
    +1

    Report to the police, report to insurance, report to the naughty corner for asking this question.
    So many reasons he gave you and your brother to report and to get this baddie before he runs.

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