Accident with a Company Car

Lvalerio on 02/07/2017 - 22:15
Last edited 03/07/2017 - 08:56 by 1 other user

Hi guys.

Two years ago I was working as driver in a delivery company and I had a small accident with a car (I just touched the back of the car)
the company car had the insurance and my employer ensured me that it would pay and that the problem was already solved.

Now two years later the other driver insurance company contacted me saying that my company insurance refused to pay ignoring 3 warning and I should contact them otherwise they will take an legal action against me.

Prefacing that I am not working anymore for them (the company closed down for bankruptcy), should I be worry about it?
They have only my name, surname and phone number but not real evidence about the accident (at the time I had only an Italian
driver licence and he didn't take the number and didn't take pictures of the accident).

Can they win in a legal action?

The car was insured and I don't think is fair that I pay (the amount is more than $1000)

Thank you very much for your help.

Automotive

Comments

  • swapsey on 02/07/2017 - 22:25

    Paperwork. That is the key right now. Do you have any from two years ago and did this new insurance company send any through now as part of their claim against you?

  • k-rokfm on 02/07/2017 - 22:26
    +2

    Do you have any contact number for the old owners of the company or management? Or the insurance company they were using?

    Whenever they contact you just keep telling them to deal with one of the above and don't give them an inch.

    • Randxyz123 on 02/07/2017 - 22:46

      This.

      First off contact your old boss and give them a heads up you're going to be passing on their details to the other insurance company. Next call the insurance company back. They'll deal with your boss and your boss can deal with their old insurance company. Even if they aren't using them anymore at the time of the accident they were insured and made a claim and that is what is important.

      I'm suspicious though. You say it was 2 years ago which makes me thing they reversed into a pole or something and are now chasing you/your insurance down for extra repairs. Maybe that is why they are refusing to pay?

      I took 6 months to make a claim after someone backed into me but that was because I didn't have time to take my car in and be without it for a week. 2 years is a long time. Since you didn't take pictures this could get messy. Hopefully your old insurer will help or can shed some light onto what is happening.

      • Euphemistic on 03/07/2017 - 07:32

        If the company had not paid their insurance premiums they would not be covered and the driver would be responsible. It is quite possible the company thought they were insured at the time, but due to financial difficulties were actually not insured. If the other party had their car fixed by their insurance it would take time to go through the process and chase the other insurance company, then the insured party (owner of vehicle) then finally track down the driver once the other options were exhausted.

        The other party's insurance just want their money back and the driver, owner or insurance company will have to pay it - eventually. If the insurance won't pay it and the owner has been declared bankrupt it will be down to the driver.

  • djkelly69 on 02/07/2017 - 22:42

    I reckon the other party's insurance company has had no luck getting any money of your previous company or their insurer (probably due to the bankruptcy), so they are trying it on against you.

    As above, would just give them the name of the company and/or insurer responsible, and leave it at that.

    • whooah1979 on 03/07/2017 - 14:10

      (the company closed down for bankruptcy),

      this makes all the difference. the driver is the party responsible unless they can provide the other party with documentation that they aren't.

  • valerio on 02/07/2017 - 22:47

    I don t have paperwork and they never sent me nothing (I think they haven t my address)
    One of the ex-manager is my friend so I could be able to know and contact the insurance but I don t think they would listen to me (it was the insurance company not mine)

    • swapsey on 02/07/2017 - 23:54

      Whats the statute of limitations on this? 2 years is a long time for claim!

      • Euphemistic on 03/07/2017 - 07:26

        The claim may have been made by the other party and their insurance has laid to fix it, but is now chasing the at fault party.

      • humdingaling on 03/07/2017 - 13:03

        7 years - according with the call i had with NRMA yesterday

  • [Deactivated] on 02/07/2017 - 23:59

    Does anyone know whether there is a workplace regulations on this topic. Are drivers responsible for claims on a company car/truck etc?

  • Euphemistic on 03/07/2017 - 07:28

    I would have thought that the driver is responsible for the damage, not the vehicle (unfortunately). Normally we offset that liability to the insurance company and they pay on our behalf. That is why when an uninsured driver hits you you need to chase them, not the vehicle and if you are insured, but have been drink driving or similar you are responsible for repairs, not the insurance company.

    • valerio on 03/07/2017 - 09:11

      Ok but do they have enought evidence to say that was me the driver? they have only my name and phone number(that my company could have give to them). Also I think I understand that at moment of the accident the car hadn t the insurance because was new and the owner hadn t done yet. The company that contact me is Compass Claims…is it a insurance company?

      • ChrisLevo on 03/07/2017 - 09:15

        No, they are not.

        10 seconds on Google will tell you - it just did for me.

        • altomic on 03/07/2017 - 09:19

          Uhhh, ambulance chasers.

        • valerio on 03/07/2017 - 09:20

          Ok but change something for my situation? Do they have enough evidences to take legal action against me and win?

        • ChrisLevo on 03/07/2017 - 10:44

          @valerio: See a lawyer.

          Most offer first visit free.

        • [Deactivated] on 03/07/2017 - 12:33

          @valerio:
          So they're not an insurance company, and you have not entered into any contract or agreement with them?

          Tell them to eat shit.

      • whooah1979 on 03/07/2017 - 14:14

        Ok but do they have enought evidence to say that was me the driver?

        will you make a false statement if they ask you put in writing that your weren't the driver at the time of the collision?

        • [Deactivated] on 03/07/2017 - 14:41

          Why does the OP need to put anything in writing for them?
          They're not even the insurance company, they're a sketchy rental car company.

        • whooah1979 on 03/07/2017 - 15:06

          @Drew22:
          Ignoring their calls isn't going make them go away. It's better to deal with this issue quickly while the details of the collision is still fresh.

        • [Deactivated] on 03/07/2017 - 18:04

          @whooah1979:
          Two years ago is still fresh?

          Just tell them you have no idea what they're talking about

        • whooah1979 on 03/07/2017 - 18:26

          @Drew22:

          two years is nothing. claims for damages in nsw may start within six years of the date the collision.

          it's not uncommon in nsw for investigators to come knocking years after of the date the collision. the party involved can either make a statement when they do or do in court if the damages/injuries are serious enough.

        • [Deactivated] on 03/07/2017 - 18:28

          @whooah1979:

          These aren't "investigators", they're a sketchy rental car company. They're just a private business that the OP has no business with.

        • whooah1979 on 03/07/2017 - 18:35

          @Drew22:

          These aren't "investigators", they're a sketchy rental car company

          it's not that difficult to outsource the work to licensed investigators and then bill the party that they're investigating.

          anyways. the best thing op can do is so contact a solicitor specialising in motor vehicle accidents.

        • Euphemistic on 04/07/2017 - 08:44

          @Drew22: sketchy car company or not, there was an incident with the OP and they are entitled to restitution of damages.

  • altomic on 03/07/2017 - 23:08

    Have a read of the reviews on product review http://www.productreview.com.au/p/compass-claims.html

    and this whirlpool thread

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