Not My Fault - Car Accident

Anth0ny on 09/01/2017 - 10:41
Last edited 09/01/2017 - 11:43 by 1 other user

So recently i just got hit from behind. The car in front of me stop suddenly and i managed to stop (i keep a distance from front) but sadly i got hit from behind.
This happen 5 jan 2017 morning on junction of pacific hwy & longueville rd, Artarmon.
i managed to get the guy behind me driver license, his rego plate, photo of both cars and his mobile no.
so apparently the guy is using bingle. and bingle called me and said i need to send it to SMART repair center in brookvale (28B william st, brookvale)
and bingle also give me hire car (corolla) but i will need to pay $36 per day for me not to pay insurance excess ($4000) for the hire car. I choose not to pay because the repair center told me my car should be fix before wed 11 jan.
i drop my car to smart repair center on 6/01 fri and this morning they called me saying that they found further damaged to inside the back panel of my car.
and they cant fix it. so they say they will send it to 2040 collision center (1A henley Marine Dr, Five Dock). They told me that i need to contact bingle and explain to bingle so they will extend my hire car.

my question is

is there anything i can do in here because im really wasting my time in here trying to chase the repair center/call bingle again just to extend my hire car.
I already sacrifice my time at work for dropping in my car - not the mention i also need to pick it up (i live in lane cove)
At the moment i dont have any insurance. i just found it out after this incident that my qbe already expired. I was thinking of re-newing it after i got my car back.
I heard negative feedback about Collision center and is there a way for me to choose my own repairer and bill it to bingle?
I already ask bingle about this but they say no i cant.
Please help

Automotive

Comments

  • blitz on 09/01/2017 - 10:58
    +8

    Woah woah woah woah. Bingle doesn't get to set the terms here. Unfortunately as you are not insured, it's a lot harder to stand up to them, but you should be put back to where you were before the prang.

  • modsec802 on 09/01/2017 - 11:05
    +34

    Wow the number of people on here without insurance (at least third party property) astounds me. Wtf is up with everyone scrimping on this?
    If you can't afford third party property insurance you can't afford to drive (as brother to uninsured someone who ran up back of Merc without insurance)

      • ThithLord on 09/01/2017 - 13:17
        +11

        Bulldust.

    • mbck on 09/01/2017 - 13:43
      +7

      The only reason you see a lot of people on here without insurance is because, all the people with insurance do not need to seek advice on an internet forum. Hence the illusion of 'a lot of people without on here without insurance'.

      But yes, at least 3PP insurance guys and girls.

      • Marcsie on 09/01/2017 - 13:53
        +1

        Very good point,totally agree :)

  • dasher86 on 09/01/2017 - 11:08
    +2

    If your insurance expired after the 5th of Jan you should time be covered for the accidents up to the 5th of Jan (even if your insurance expired after the event).
    I would have just called my insurance company and let them sort it out with bingle. That is what you pay them for.

  • toniyellow on 09/01/2017 - 11:14
    +5

    You should renew your insurance right now, not wait until you get the car back. You want your car covered for anything additional that might happen to it whilst it is away from you. What if the repair centre burnt down, it's in their yard when there is a hailstorm, or any number of things goes wrong whilst you don't have it ? Yes, if it is someone else's fault you can pursue them for the cost, but they might go bankrupt and you're just one person on a long list of creditors.

    You're also taking a gamble driving the hire car without insurance. It's an unfamilar car that you are driving around, you are more likely to have an accident in that than your regular car.

  • QW3RTY on 09/01/2017 - 11:25
    +14

    At the moment i dont have any insurance.

    Just like OzBargain checks that you submitted a non-duplicated URL when posting deals, they should also make you check a box saying "I have vehicle insurance" before you're allowed to make a forum topic.

    • fruit on 09/01/2017 - 12:46

      I second this

  • Marcsie on 09/01/2017 - 11:31
    +8

    Another driver without car insurance,when people are going to learn ? You just can't drive a car without car insurance !!!

    • JimB on 09/01/2017 - 11:43
      -7

      He didn't choose not to drive without insurance, he forgot to pay it.

      • Marcsie on 09/01/2017 - 11:46
        +1

        How did you know ? Are you his partner ? lol

  • apple2016 on 09/01/2017 - 11:35
    +1

    I am sure you can have your car fixed by your choice of repairer and send the bills to Bingle.
    This would mean more work for you. Paying upfront and then chasing up Bingle.

    • Skramit on 09/01/2017 - 11:54

      This is where outfits like NAMS can help. They will represent you for free, take a cut from the at fault drivers insurance payout. You car is repaired and independently assessed, and they do the leg work for you.

      http://namslegal.com.au/index.php

  • resubaehtgnolhcs on 09/01/2017 - 11:55
    -6

    A bit off topic, but CTP (Compulsory Third Party insurance) in NSW is just that …compulsory! OP would be breaking the law by driving around with no insurance (regardless of the excuse that they forgot), so maybe Bingle is using this info to their advantage and dictating terms to OP.

    • k-rokfm on 09/01/2017 - 12:10
      +9

      Compulsory third party refers to medical costs NOT for vehicle costs - completely different!

      This issue seems to get raised in every thread with someone who doesnt have insurance!

      • resubaehtgnolhcs on 09/01/2017 - 13:44

        Thanks for that! I am clearly confusing Third Party Property (TPP) with CTP! Also, I didn't know that CTP was the only compulsory insurance required in NSW, I would have thought TPP would have also been compulsory…

        • tomsco on 09/01/2017 - 14:29

          I'd say it's in line with Medicare. The government feels it's appropriate to impose compulsory insurance to protect people, but any goods are up to the individual to ensure appropriate coverage.

    • hellbound on 09/01/2017 - 12:11

      CTP covers medical costs, it doesn't cover personal property. In WA it's part of your registration costs.

    • chriise on 09/01/2017 - 12:15

      I think we're assuming he had CTP but not comp

      • k-rokfm on 09/01/2017 - 12:34
        +1

        CTP isnt third party property insurance

  • chriise on 09/01/2017 - 12:18
    +1

    Seems like bingle have bullied you a bit. When i first got my car, i was a bit of an idiot and didn't get comp insurance for first few months. I was also hit from behind and wasn't sure how to chase this up. I took to local repairer and they said they were able to use their own insurance service to chase up the repair costs from the other party on my behalf. They also organised a hire car. I wasn't out of pocket a single dollar. You could try visiting a local shop and asking if this is an option for you.

    • myfuturej on 09/01/2017 - 14:17

      I agree.
      We have comprehensive insurance but forgot to payby the due date. Then someone hit us on the round-a-bout. Clearly, the other guy's fault as he hit us from the left. Anyway, the insurance expired less than a week before the accident, but thankfully there was a 30-day grace period. I ordered a replacement car from notmyfault and the car was delivered the next morning. Sorted out the insurance thing by paying using cc. Took 8 weeks before the car was repaired and didn't pay a single cent for the replacement car. A few months later, they called us saying that the matter was taken to court as the other guy's insurance refused to pay. Anyway, they said its just FYI, and we're not liable to pay anything.

  • Randxyz123 on 09/01/2017 - 12:32

    Woah woah stop…

    Bingle has seriously bullied you here…. OR you've miss understood them.

    You should have gotten a quote to have your car fixed and sent that with a letter of demand to the guy who hit you who would then send it to bingle.

    so apparently the guy is using bingle. and bingle called me and said i need to send it to SMART repair center in brookvale (28B william st, brookvale)
    and bingle also give me hire car (corolla) but i will need to pay $36 per day for me not to pay insurance excess ($4000) for the hire car. I choose not to pay because the repair center told me my car should be fix before wed 11 jan.

    What the f—-??? None of that makes any sense.

    What excess are you referring to? You should NOT have to pay a excess at all.

    I heard negative feedback about Collision center and is there a way for me to choose my own repairer and bill it to bingle?
    I already ask bingle about this but they say no i can't.

    Again… No this incorrect. You can take it wherever you want. If you were insured with Bingle they may want you to take it to their collision repair centre. But you aren't. I wouldn't have even taken your car to their "SMART" repair place.

    • k-rokfm on 09/01/2017 - 12:40
      +2
      1. Sending a letter of demand:

      The other party (who was at fault) has at least third party property and possibly comprehensive insurance. He has lodged a claim through his company (bingle) to sort out all the insurance costs. So the OP will deal with bingle and NOT with the other party. Bingle has asked for a quote from one of their agreed repairers which is within their rights to do. If OP is not happy with them he could have negotiated another agreed repairer or the possibility of taking it somewhere else completely.

      1. The hire car and excess

      After reading this about 5 times through i assume that bingle is paying for the hire car and if the OP were to have a crash in the hire car then the excess would be $4000. The $36 per day figure is so that if the OP does have a crash then he wont have to pay the excess in this case. As he does not expect to have the car for very long then he has chosen not to pay this.

      1. Not taking it elsewhere

      I assume because the OP got the quote done at this place first without negotiating taking it else where then the company has come back with a figure and bingle has signed contracts to get it repaired. So they cannot change where the work gets done

      • MikeHunt on 09/01/2017 - 15:08
        +1

        letter of demand is overkill.

      • Anth0ny on 09/01/2017 - 15:52

        The hire car and excess
        After reading this about 5 times through i assume that bingle is paying for the hire car and if the OP were to have a crash in the hire car then the excess would be $4000. The $36 per day figure is so that if the OP does have a crash then he wont have to pay the excess in this case. As he does not expect to have the car for very long then he has chosen not to pay this.

        This is correct.
        the $36 they demand is for me not to pay insurance excess fee ($4000) for the hire car

        • chriise on 09/01/2017 - 16:06
          -1

          which they should have paid for

        • Thrawn on 09/01/2017 - 18:14
          +3

          @chriise:

          If the OP doesn't even have insurance on his car.. IMO, its reasonable in a practical sense for Bingle to not give insurance for the hire car

        • chriise on 09/01/2017 - 19:27

          @Thrawn: fair point

        • k-rokfm on 09/01/2017 - 20:47
          +2

          @chriise:

          There is insurance on the hire car - the excess for it is $4000.

          And stop saying they demand you pay. They asked if you want to reduce your excess and you've said no. Thats not demanding.

  • MikeHunt on 09/01/2017 - 15:03

    you are being bullied.

    You have bingle up your arse but you are actually entitled to a hire care for free (no excess) if not at fault. Google "free hire car not at fault" for third party providers … they will bill the insurer of the at fault driver (bingle in this case). The hire car should be a similar standard to your car (e.g. if you drive a SUV you get a SUV to hire). So I would call bingle, say you are entitled to a free car (no excess), tell them they can have the corolla and go third party.

    Since the repair has not started you are fully within your rights to get your car back and start getting quotes. Bingle will be sending their loss adjuster to any repairer you choose to ensure they are paying the right amount. You live in Lane Cove … get one in Artarmon … there are about 100 to choose from. They will give you taxi vouchers / reimburse certain reasonable costs.

    You better get on the phone and start asserting yourself or better yet find a friend who knows what they are doing. There is a lot of time involved which is a benefit of insurance … dealing with insurers esp small and cheap ones (bingle) is painful….

    Also get insurance, ideally comprehensive. Third party property is better than none, but comprehensive is best.

  • Anth0ny on 09/01/2017 - 15:41

    i just called QBE and i told them about my expired insurance policy and also about the SMART repairs found further damaged and needs to escalate it to 2040 collision centre. QBE told me that from now on they cant provide me with comprehensive car insurance anymore since the car has been involved in a major car accident and it has major breakdown.

  • Anth0ny on 09/01/2017 - 15:42

    until the car is fully repair and if i still want to get comprehensive QBE insurance i will need to bring it to approved QBE repairer for assessment

    • MikeHunt on 09/01/2017 - 15:46

      dont worry about QBE for now.
      Is the "further damaged to inside the back panel" from the most recent accident?
      What is the make, model, year and value of your car? How much is the damage (approx)?

    • dasher86 on 11/01/2017 - 09:59

      When did your insurance expire?

  • Anth0ny on 09/01/2017 - 15:47

    Honda accord euro 2006 Luxury approx $5000

    • MikeHunt on 09/01/2017 - 16:09

      $5000 the value or damage.
      trying to help, your car could be a write off.

  • payless69 on 09/01/2017 - 15:54
    -1

    consider yourself lucky that Bingle even does anything for you!
    My Cruiser got smashed up while parked by a Comminsured car. I was not there but after endless times asking cops got security footage from centre and gave me a plate number and 2 mobile numbers. Told me too bad the female qld cop has the right to protect her mate and refuses to give me further details being very very abusive!

    Car is owned by a company and it is a year now and nothing has been done. Comminsure admitted criminal activity advising their client to cheat and just because they are big they do not want to comply with the law! My insurer, Suncorp also brings out their AH and now demands that I pay them $500 first and will only accept a at fault claim until they get reimbursed!

    Fair trading refused to help. as well as the insurance commission. The case is now before the ACCC but they are snowed under with idiots like Comminsure!

    I just have to keep writing to them again and again and hope they will get them!

  • the-mal on 09/01/2017 - 17:00

    Insurers will bully you and try to pressure you into doing things their way - it's in their best interest to spend as little money as possible on you.

    Be firm with them and for goodness sake do not agree to pay any money out of your own pocket. None. Zip. But you'll have to be firm. If you're not happy with the location of their repair centre or believe it has bad reviews, ring Bingle and tell them you're not happy to have it sent there and you'd like somewhere local. Give them a list of 3 options you'd like your car repaired at.

    Accept zero out of pocket expenses. They hired the hire car for you, if they want it insured they should pay for the insurance.

    Just remember they will try to make you feel pressured. It's their job. They'll try to push you into doing it their way. It's their job. If you're not happy with what they're doing, it's your car. Be firm, be direct, and keep reminding them that it's their responsibility to pay for your car to be repaired. It's not their responsibility to do it at their preferred place, at their location, to their standards. You are quite entitled to send them 3 quotes from places you prefer and have them pick out of the three.

    If you let them push you around and you agree/consent, you've got very little recourse. Just ring them back, tell them what you need to happen, and be firm. As soon as they realise you're "one of those people" they'll meet you halfway.

  • Anth0ny on 10/01/2017 - 08:02

    Ok. Now im trying to fight my right.
    Everytime i try to call bingle (1300 735 640) and explain my situation they said they need to transfer me to the complaint dept. and then i got put on hold for hours and they hang up on after that.
    I already sent email to bingle mentioning what I want from them.
    1. I want them to let me chooose my own repairer
    2. I think it is unfair for them to make me pay for my excess insurance fee for the hire car so in the event of the hire car got damaged I want them to pay the insurance excesss ($4000).
    3. Since I already waste my time @ work (calling them, dropping off my car to their SMART Repairer which they told me they only open from 9:30-3pm, they also told me i need to drop off my car in there at specific time 9:30AM as they need to book appointment, etc) I demand them to pay for my fuel usage for the hire car.

    They reply back to me in email saying

    "To have your complaint answered to, I have forwarded this to the car insurance claims team"

    Now that im thinking about this like when you guys said OP shouldnt need to pay anything - when i rent the car from hertz i also paid $200 refundable bond.

    • MikeHunt on 10/01/2017 - 08:14

      Just get your car and take it to your preferred repairer.
      Repairer will deal with bingle.
      Personally I would also get a replacement vehicle from Artarmon and return the Corolla.
      Alot easier than having multiple discussions with them on phone about what they will pay for and what they won't given you have already compromised with them on certain matters.

    • k-rokfm on 10/01/2017 - 08:22

      1. You would have had your chance to negotiate for another repairer before you had accepted to take it there. You have accepted taking it there - you got the quote and they have now started the work on it. If you wanted to take it somewhere else you should have told them before you had the quote done there. Contracts are likely signed for it so you will be very unlikely to get it fixed elsewhere

      2. They are NOT making you pay for the excess!! They are offering you the ability to REDUCE your excess in the case of an accident! If YOU have another accident YOU are liable to pay for the excess - NOT THEM. This is usual hire car policy and it should not change for you.

      3. You may be lucky and get trips to and from the repair place refunded IF you have receipts - but you will not get back the full fuel usage of the car.

  • MikeHunt on 10/01/2017 - 08:16

    Just so you are clear, you have the right under law to choose your own repairer (provided costs are reasonable).
    You don't need their consent.

  • Seraphin7 on 10/01/2017 - 09:14

    Please, no more "I had an accident when I was uninsured and now I'm in a bind" posts. Here is one of those rare moments where you get the answer before the question … make sure your car is insured before you take it on the road!

  • jerjergege on 23/01/2017 - 08:08

    https://www.notmyfault.com.au/

    Then issue the costs to bingle.

Login or Join to leave a comment
Login Join