Hi,
So a few weeks ago, I had an accident and the at-fault driver admitted to it. However, as the car is going in for repair, I need to somehow get to places i.e. work and uni, which i usually drive to. I was denied by Right2Drive as he is not insured, and i was wondering what i should do now, as i am a P1 driver (Under 21), so hiring a car through traditional companies is not possible
Gold Jerry, Gold!
public transport
or pushbike.
do you have insurance yourself?
if you do make a claim on your insurance.
Generally as youre not at fault it shouldnt effect your no claim bonus, and speak to your insurer to see if they can offer you a hire car.
This, Normally as part of third party insurance if you are hit by an uninsured driver and not at fault your insurance will cover it.
But only to a certain limit - happened recently with me and my third party insurance only covered up to $5000 (luckily my car was worth less than that!)
Doesn't the crash repairer have loan cars?
And who pays for it? You.
Depends, some crash repairers will have free loan cars other make you pay for rego and insurance.
Aren't you supposed to sue him because he was stupid enough to drive without insurance and therefore liable for his own actions?
"In the event of a multiple car collision, it is an obligation by law for the at-fault party, or the at-fault party’s insurer, to bear the cost of a like for like replacement vehicle for the no-fault party."
In this case he may be liable for your costs such as hiring a vehicle similar to the one he totalled for you to use. Or taxis seeing as you can't hire a vehicle.
Aren't you supposed to sue him because he was stupid enough to drive without insurance and therefore liable for his own actions?
A few problems with the practicalities of this approach:
Sue for big stuff. For lifes smaller inconveniences it's often better to try resolve it person-to-person, and if that doesn't work do whatever is least stressful for yourself - often this involves letting it go and hoping the universe evens things out in the long run.
i was wondering what i should do now, as i am a P1 driver (Under 21), so hiring a car through traditional companies is not possible
Follow the path of least resistance. In this order:
Have you investigated whether your own insurance will cover the cost of a rental and then they'll seek to recoup the cost from the at fault driver? Be insistent with your insurer, they'll often deny this upfront but if you push and say it's a requirement of your work otherwise you could lose your job etc they'll often do their due diligence.
If 1 is a no go, ask the at-fault driver to cover your costs of a rental car. Be reasonable, don't be a jerk, explain your situation and explain you want to keep it out of insurers / court etc. Maybe even offer to split the costs or a payment plan if they say it's impossible.
If they refuse, take public transport / arrange alternate transport. It's an inconvenience, sure, but that's life.
If you're really wanting justice, pay for the rental car yourself and send a bill to the at-fault driver. When they inevitably ignore you hire a solicitor to send a letter of demand. Escalate to court etc. Lots of your time, lots of your money, lots of your effort and will probably end up in the whole "can't get blood out of a stone" scenario
Personally I'd end the chain at 3…but 4 is an option if you're really that way inclined.
You need to go to Judge Judy.
Give your insurance company his details and let them follow it up
I remember hearing about a similar situation whereby the judge ruled that because the defendant had no money that he was to be the aggrieved parties butler for a certain period of time. I wonder if by taking him to small claims court you could ask that the person who had no insurance be your driver for a certain amount of time due to the circumstances and that it is cheaper than hiring a car which neither can afford…