Got Rear Ended and Now Other Partys' Insurer Refuses to Accept Claim

LHungSkiii on 02/07/2017 - 12:31
Last edited 02/07/2017 - 13:25 by 1 other user

Bit of backstory here. February 2nd I was rear ended by a guy in an AMG, basically police came out and everything car got put in a garage and the guys insurance sent an assessor to assess my car. They valued my car at $3,350 and gave me a hire car for 2 weeks as it was a write off.

Fast forward to now after months of on the phone with them and pursuing the case they have finally said they have refused the claim due to their insured not meeting their policy obligations or something like that. I have been without a car for 5 months waiting for them to resolve it since I only had third party insurance. Would love some advice as I have no idea how to pursue this.

The guys insurance has sent me the insurance policy number and the fact that my car was deemed as a write off however they are refusing to pay me so how can I get this money?
Any help would be greatly appreciated!

Automotive

Comments

  • Randxyz123 on 02/07/2017 - 12:47
    +3

    Send the guy a letter of demand that you will be taking him to the small claims court if he doesn't pay. There are templates on the internet so follow those. Send it by registered mail and give him 5 working days to reply to you.

    I'm guessing he had some sort of condition on his license that he "forgot" to mention and therefore his insurance was void.

    Ask his insurer what they expect you to do. I'd be demanding another hire car.

    • HungSkiii on 02/07/2017 - 13:29

      Okay so the thing is I searched up the address that he was living in and it seems it has been sold off in May.
      Not sure how I can proceed now

      • Randxyz123 on 02/07/2017 - 14:37

        Did you take a picture of his license ? Do you have his number ? Check his address is still whatever it is. I wouldn't mention you googled it. Just say you need it for insurance purposes.

        Send the letter anyway. It'll only cost you $7 and either be redirected or returned to sender.

        • HungSkiii on 03/07/2017 - 07:00

          Yeah I have his license but was not given his phone number. I was thinking perhaps I should go to the police station which came out to the scene at the time.
          But yeah I will probably send out a letter hopefully it solves something.

        • Randxyz123 on 03/07/2017 - 08:51

          @HungSkiii: May I ask why you didn't get his phone number ?

      • djkelly69 on 02/07/2017 - 14:59

        Request his (former) insurer provide you will his full details, given they are denying the claim and you will need to seek it from him directly.

        • Randxyz123 on 02/07/2017 - 15:49
          +1

          Request his (former) insurer provide you will his full details

          There is NO chance they'd give out his details to someone.

        • djkelly69 on 02/07/2017 - 16:28

          @knick007: So they can say 'we are not responsible, but we can't tell you the name of the party who is'?

        • whooah1979 on 02/07/2017 - 17:24

          @djkelly69:

          One would hope that the insurer has a privacy policy that prevents them from disclosing private information about their customers without a court order.

        • HungSkiii on 03/07/2017 - 07:01

          @whooah1979: Yeah they wouldnt give out this address just like that. However they have given me his mothers name and insurance policy number. I will try follow up and see if they can give me a contact number

        • Randxyz123 on 03/07/2017 - 08:50

          @HungSkiii: They shouldn't have given you any of his details. The dispute is between himself and you. Nothing to do with his mother (unless it was his mothers' car)

        • HungSkiii on 03/07/2017 - 18:11

          @knick007: yeah it was his mothers car, he was driving it unregistered with a learners…

        • Randxyz123 on 04/07/2017 - 08:39

          @HungSkiii: he's a (profanity) idiot isn't he…

          Letter of demand to his mother in that case…

  • [Deactivated] on 02/07/2017 - 13:02

    He forgot to mention his 20" after market alloys to his insurer and the are voiding his policy. That's my guess.

    Do as above.

    • Randxyz123 on 02/07/2017 - 14:38

      Nah that wouldn't void his policy. They'd just replace his car to stock not with the after market parts. For his policy to be voided most likely his license was suspended at some point and he didn't tell them.

      • [Deactivated] on 02/07/2017 - 18:09

        What if his tyres were out of spec and he didn't notify insurance about modifications

  • t_c on 02/07/2017 - 13:47
    +6

    A lot of the 3rd party insurances will cover your vehicle for up to 3-5k if hit by a uninsured driver, since his insurance is refusing the claim I would think this makes him essentially uninsured, and maybe you can claim on your 3rd party?

    • HungSkiii on 03/07/2017 - 07:02

      Yeah I tried calling up my third party insurance and they said they can't help me out.

  • [Deactivated] on 02/07/2017 - 14:23
    +1

    It's an awkward situation, as you have to make a call of whether he has the assets to pursue. An AMG is a good sign, but if he's skipped the country or broke, you will be investing your own time and money suing a stone. If he has assets, you will be entitled to recovery costs in addition to your loss. If he's broke, you may end up with those costs yourself. Unfortunately even the best case scenario will take months to resolve.

  • try2bhelpful on 02/07/2017 - 17:15

    I think this sucks. It is time that third party property was compulsory to cover people who end up in your situation.

    • Euphemistic on 03/07/2017 - 07:21

      It is one of the risks of having third party only. You self insure for damage to your car. Yes, quite often the other party will pay, but sometimes you will be out of pocket, but you have saved all that cash in lesser premiums over the years.

      Part of having third party only for me was knowing that I could replace the car quickly with cash from my own budget. I have comprehensive now because my car is worth more than I can afford to replace, and also that cheap comprehensive (budget direct) wasn't much more than third party anyway.

      • try2bhelpful on 03/07/2017 - 09:36

        Unfortunately it is all too easy for the person who hits you to be uninsured, or their insurance party won't pay, and then you are out of pocket. We were hit, and run, once by some people who then, conveniently, found their car had been stolen some hours after the accident and then, conveniently, discovered their car in the local area a couple of days later. My other half got the number plate but there was nothing we could do to recover the money. If I'm at fault I cope the cost, if someone else is at fault then their should be a mechanism.

  • [Deactivated] on 03/07/2017 - 16:08
    +1

    This is bullshit. Get his details from the cops, pursue him in small claims court and garnish his wages / dole / disability pension. Ruin the bastard. And if he declares bankrupt satisfy yourself that he'll never own a home, or get a loan, or a credit card again. Don't let him drink piss on your coin laughing at the sucker who never came after him.

    • HungSkiii on 03/07/2017 - 18:13
      +1

      Yeah I am trying my best to pursue it, its ridiculous how its been 5 months before his insurance told me they are denying the claim don't really get why it takes that long to notify someone they will not be accepting the claim. Going to take the advice of everyone and hopefully it gets sorted! Ill try keep everyone updated

  • Drifta on 03/07/2017 - 18:51
    +2

    You should be able to claim from your third party - have a good read of your policy and speak to someone higher up / request for a review. I have had this happne, took 3 months to get my money but I did in the end - this was RACV. value less than 5k is covered for hit and runs if you have other parties details and cops were involved. I had my car parked on the side of a major hwy and someone hit it, cops involved and then the person did a runner.

    • [Deactivated] on 04/07/2017 - 10:52

      I've never heard of that but will be reading my 3rd party, fire, and theft policy again.

      • Drifta on 04/07/2017 - 21:24

        Good luck :)

Login or Join to leave a comment
Login Join