Hit by Uninsured Motorist and I Have Only Third Party

agam2104 on 09/10/2017 - 02:01
Last edited 09/10/2017 - 02:02

Hi, I was hit by car from the back few months ago.The person at back accepted his mistake he told he have insurance, but after sometime he told he have no insurance .Now after 2-3 months no reply from him,he is just ignoring me.Now I just want to know if I go with my third part insurance company it say"Uninsured Motorist Extension market value up to $3,000".So my question is I have to pay any access ? And I can get it repaired by my own mechanic ?. Please reply if anyone have same experience.

Note-Please don't comments ask this question from your insurance.I just asking if anyone have similar experience ? since it can help me to file my claim.

Automotive

Comments

  • cmdwedge on 09/10/2017 - 02:21
    +13

    I had the same experience 20 years ago. I had third party, he had nothing. Just go find a solicitor and have them put in a claim against the other driver.

      • NotAMoodle on 09/10/2017 - 13:33
        +53

        Classic reading.

      • MrSammyMcG on 10/10/2017 - 15:06

        Negbomb alert

    • flywire on 11/10/2017 - 19:50

      Same here. I settled on 50% of the cost of the damage because it wasn't worth going to court.

  • Euphemistic on 09/10/2017 - 05:45
    +2

    How much is the damage worth? If it is around the $3k mark, use your insurance. If it is a lot more, start with a letter of demand once you have a couple of quotes for the repair.

    • agam2104 on 09/10/2017 - 08:51

      Back bumper is damage and my car is ford Falcone so it will be under 3k.

      • tomsco on 09/10/2017 - 10:16
        +7

        Than definitely call up your insurance. They will be able to confirm if you have to pay an excess or not.

        • drewbles on 11/10/2017 - 08:07
          -1

          OP only has Third Party, so they have no cover on their own car.

        • tomsco on 11/10/2017 - 08:34
          +4

          @drewbles: Not to come across as rude, but did you read the whole OP. If the at fault party has no insurance and the value is under $3k, their third party insurance will help them.

        • Rusty4 on 12/10/2017 - 10:27

          @tomsco: This. I've had an accident where the other party was at fault and had no insurance, and my third party sorted it out for me. I did however need a written admission of guilt (I was lucky that the offending party was reasonable and was happy do sign one).

        • drewbles on 17/10/2017 - 10:21

          @tomsco:
          My apologies. CTP here in VIC is included with rego, so unless you go for something more detailed with an insurance company, there's zero cover.

          Third Party in NSW is a different beast. You can of course get more cover with Third Party Fire & Theft etc here in VIC, but it's not cost effective. Mostly it's CTP + Comprehensive.

        • Quantumcat on 18/10/2017 - 15:52

          @drewbles: compulsory third party is for injuries only and is not the same thing as third party property (which is what OP has)

  • chumlee on 09/10/2017 - 06:25
    +49

    Why don't you speak with your insurance company and ask them?? No one here has read your PDS

    • Kangal on 09/10/2017 - 11:20
      +39

      Instructions unclear, accidentally sent missiles to Korea.

      • bdl on 09/10/2017 - 12:04
        +26

        Making Ozbargain Great Again

      • kaitoivan on 09/10/2017 - 23:48
        +7

        hold on…which Korea?

        • jacross on 10/10/2017 - 08:51
          +1

          All of it.

        • kasp on 10/10/2017 - 09:49
          +2

          best korea

        • macrocephalic on 10/10/2017 - 10:30
          +13

          There is only one Korea, those rebels in the south are just revolting.

        • cuteseal on 10/10/2017 - 10:45
          +2

          @kasp:

          China number one!!

        • ry34 on 10/10/2017 - 11:16
          +4

          great, now I want to play PUBG.

      • Porco Rosso on 11/10/2017 - 09:03

        hahaha….made me lol

  • CLoSeR on 09/10/2017 - 08:17

    It's a question for your insurer, usually claiming on your own insurance means an excess is payable unless they have the name and address of responsible party.

    But as this is Third Party Property the rules are a bit blurred.

    • agam2104 on 09/10/2017 - 08:50

      I have all his deatil like licence and all the photograph.

      • CLoSeR on 09/10/2017 - 08:51

        They need name and address only.

        • agam2104 on 09/10/2017 - 08:52

          That I have.

  • altomic on 09/10/2017 - 09:16

    Get 3 quotes and give then to the other driver and tell them to pay for the one he wants to pay.

    And also give them the option of you going through insurance to get the repairs….

    Him paying you directly will be way cheaper for him than going through the insurance company.

    • agam2104 on 09/10/2017 - 09:23
      +1

      Hi ,thanks for reply the person who hit me is not cooperative , instead he told me stop calling me or I will go to police 😂.The only option I have go with my insurance , and they sue him .No headeche for me.I don't know if this possible or not right now.

      • WatchNerd on 09/10/2017 - 09:33
        +10

        That is not the only option, you can start civil proceedings by filing a statement of claim at the local court which costs around $100.00. Once this is done, he will need to attend on the date to defend himself.

        You don't need any solicitors and it's the cheapest option if you have enough evidence to prove he is in the wrong.

        • agam2104 on 09/10/2017 - 09:39
          +1

          Ohh I don't know about this.Yeah He hit me from back on ramp signal , I have enough photograph to prove him guilty.Thanks I will look this option also.

        • WatchNerd on 09/10/2017 - 09:54
          +4

          @agam2104: You can also let him know that you are about to do this which basically means he has to take a day off work (lost income)
          This gives him one last opportunity to pay for the damages without wasting everyone's time. This is what debt collectors do.

        • agam2104 on 09/10/2017 - 10:01

          @WatchNerd: Yeah If I go this way, I will send a letter to him.But he is very ignorant person last time I send him a letter he got angry, and start asking what is your address.?

        • Slippery Otter on 10/10/2017 - 08:20

          Is this the link for Victoria: https://www.disputes.vic.gov.au/ ?

          If so, I will start recommending this to my customers in the similiar situatuion when they come to me for repairs and help.

          Thank you

        • Well Wasted on 10/10/2017 - 09:22
          +1

          @agam2104: he should already know… when you exchanged driver details upon having the accident.

        • Repi on 10/10/2017 - 17:21
          +3

          That's exactly what I did in a similar situation, the court ordered him to repay the $4600.- in weekly installments of $20.-. Luckily he fell behind only a few weeks after the installment plan started. It went back to court, the Sheriff confiscated a few things from him and a day before his stuff was going to be auctioned off he found the Dough and paid in full.

        • snook on 11/10/2017 - 14:45

          DO THIS: send letter of demand with time period. Not responded to?

          start civil proceedings by filing a statement of claim at the local court which costs around $100.00. Once this is done, he will need to attend on the date to defend himself … and then the court will chase him up.

  • Randxyz123 on 09/10/2017 - 09:23
    +5

    First off you don’t have to get 3 quotes.

    Get a quote to fix the damage , send a letter of demand asking for payment within 7 days or you’ll take it to court.

    • agam2104 on 09/10/2017 - 09:26

      I already send him letter no reply from him and it not a big claim to take him in court. Mean it will cost me more if I go to court includeing advocate fees.

      • Randxyz123 on 09/10/2017 - 09:31

        Will your insurance help at all? I know it’s TPP but they sometimes will help you out.

        • agam2104 on 09/10/2017 - 09:34

          It is mentioned in insurance .I called them , they said they will do it if other person is not insured.I didn't taken the next step.

        • CLoSeR on 09/10/2017 - 10:16

          @agam2104: Not uncommon with TPP, unless you are at fault they usually won't represent you. You need full comprehensive, learnt my lesson 17 years ago.

        • agam2104 on 09/10/2017 - 10:21

          @CLoSeR: So they will not fix my car ?.

        • CLoSeR on 09/10/2017 - 10:22
          -1

          @agam2104: TPP insurance covers the other parties vehicle, not yours. Surely you realised this when you purchased this product. Use comprehensive next time.

        • agam2104 on 09/10/2017 - 10:24
          +1

          @CLoSeR: yeah I know that , so why TPP mentioned they will also fix my damage upto $3000?.My cost of car is around 3000$ that why I din't think it's worth buying comprehensive.

        • CLoSeR on 09/10/2017 - 10:25

          @agam2104: I guess this is a bonus; what's the PDS state regarding how to claim on that? Some TPP policies also cover fire and theft.

        • agam2104 on 09/10/2017 - 10:28

          @CLoSeR: That I have to check,I will let you know.

        • agam2104 on 09/10/2017 - 10:40
          +1

          [@CLoSeR](/comment/5153905/We will pay up to the amount covered for accidental loss or damage to
          your car caused by an uninsured third party motorist during the period of
          cover, provided:
          we accept you would be legally entitled to recover more than fifty
          percent of the cost of repairs to your car from the driver or owner of the
          other vehicle,
          you have satisfied us that the driver or owner of the other vehicle is not
          insured against that cost, and
          you can give us the name(s) and address(es) of the driver(s) of and
          registration number(s) of any vehicle(s) involved in the accident or event.):

          It is mention this things.I din't understand what is that more then 50% I can claim?

        • CLoSeR on 09/10/2017 - 11:55
          +1

          @agam2104: Pretty sure they are referring to the third party being responsible for 50% of more of the damages; i.e the other party being at fault and responsible for cost of repairs to your vehicle.

        • [Deactivated] on 09/10/2017 - 19:49
          +2

          @CLoSeR: In QLD this is not the case, if you are not in fault and have third party fire & theft, they will usually repair your car for you and pursue the other driver / their insurance for costs even without comprehensive.

        • MrSammyMcG on 10/10/2017 - 15:17

          @Bargs: that sounds interesting, can you provide a link do I can read more on it?

        • [Deactivated] on 11/10/2017 - 23:32
          +1

          @MrSammyMcG:

          https://www.aami.com.au/car-insurance/third-party-property.h…

          ^ one example

          "Damage by uninsured drivers

          You’re also covered up to $5,000 for damage to your car by an uninsured driver at fault."

          But basically the insurer chases down the other party for you rather than them eating the cost themselves (they'll pay for your repairs up to that amount before they manage to extract it from the other party though).

          But yeah, you have to tell them right after the accident you were in one, or your policy is void. Days or weeks later, you're probably out of luck.

        • johnno07 on 12/10/2017 - 11:28

          @Bargs:

          you have to tell them right after the accident you were in one, or your policy is void.

          Err - what? How does making a claim late void your policy?? Also a claim does not need to be made within days.

  • pegaxs on 09/10/2017 - 10:04
    +2

    Cause it hasn’t been said yet, and this is OzBargain, but have you considered bikies?

    Seriously though, if your insurance company said they can help out, take them up on their offer.

    If you send any letter of demand, make sure they are copied and you send them registered post and that only the other driver can sign for it. You will have a paper trail showing that you tried to contact them to no avail.

    You don’t need to get 3 quotes, you need to get 1. You then need to gather up any evidence you have to support your case and if they still won’t reply, just take them to court. But then they still won’t pay and you have to go back to court to get a payment order. And then they won’t pay that, so you have to get a court order to garner their wages, then they have no job and you have to get the sheriff involved to seize their property…

    Also consider debt recovery agencies, some of them may be able to help.

    From the sounds of it, it’s an old ford falcon. Is all that headache really worth it for a car that under normal insurance circumstances would have been a write off over a bumper? Is it affecting the driveability of the car or is it a minor cosmetic thing? You have to weigh up, is all the running around and attending court and spending money to chase money really worth it for a car you could buy again for less than the cost of the repairs ?

    • boomramada on 09/10/2017 - 10:32

      Correct, OP's options are, call the bikies, or go through his insurance company or go through the court system, or fix it him self and move on.

    • whooah1979 on 09/10/2017 - 11:28
      +4

      All that for a falcon. Not worth it.

    • nuchalis on 10/10/2017 - 12:01
      -1

      have you considered bikies?

      I'm 95% sure this is a joke, but is this actually a thing?

      • cameldownunder on 10/10/2017 - 14:50
        +1

        Ueberbike.com

      • Wally on 10/10/2017 - 15:05

        Bill Shorten denies the possibility 100% completely!

      • pegaxs on 10/10/2017 - 18:05

        It has become a OzBargain meme. Can’t remember where “call the bikies” started but it’s much like the Eneloop, broden and Westpac Mercedes Benz high yeild investment banker memes.

        It’s good to see that a few people didn’t read past my first line and negged my post anyway. Lesson learned, will post OzB memes at the end for the ones who get a chuckle out of them and not at the start where people neg at the first mention of a meme they never heard of.

        Some amusing OzBargain meme creating epic threads and stats…

        • nuchalis on 10/10/2017 - 20:12

          Thanks for the explanation, I had no idea :)

          It’s good to see that a few people didn’t read past my first line and negged my post anyway.

          I got negged too for an honest question, go figure!

        • pegaxs on 10/10/2017 - 20:14
          +1

          @nuchalis:

          Ahhh, drive by negging… just another OzB meme, unfortunately.

        • Quantumcat on 18/10/2017 - 15:56
          +2

          @nuchalis: I gave you a + to help make up for it

  • tsunamisurfer on 09/10/2017 - 11:49
    +4

    I'd like to thank OP for illustrating the importance of comprehensive insurance.

    Not only does it save you from dealing with people who think they can wash their hands of the accident and having to chase them through various channels, but it also covers you when the other party actually can't pay.

    If they are unemployed, or working part time, the courts will not garnish their low income to pay you. Then you are left out in the cold.

  • agam2104 on 09/10/2017 - 12:09
    +3

    I think I have enough suggestions from all of you , thanks for that.I will noe talk to my insurance and to that person again .I will be putting my updated here.Let see what happened.

    • Godric on 10/10/2017 - 07:00
      +10

      But did you go to your own mechanic?

      • whooah1979 on 10/10/2017 - 07:07
        -4

        mechanic?

        Why would someone go to a mechanic for smash repairs?

      • idonotknowwhy on 10/10/2017 - 09:26
        +12

        Classic reading.

  • Seraphin7 on 09/10/2017 - 12:25
    +6

    Another day, another insurance drama.

    Public Service Announcement - Get Comprehensive Insurance

    It costs about $20 a month on top of third party (noting third party is usually only used by those with old jalopies "experienced vehicles", not brand new Ferraris) and stops all this palaver of he said/she said, someone with no insurance hit me, the other party hasn't opened a claim with their insurer, etc., etc. ad bloody nauseam.

    • vinni9284 on 09/10/2017 - 13:39
      +1

      I second this.

      I would recommend Comprehensive Insurance (if you can afford)

      It is becoming common practice for the driver that is "clearly" not at fault and also possesses third party insurance to get the run-around from the insurance company of the at fault driver. That is even the at-fault driver has full comp insurance.

      The at fault driver insurance becomes aware that the recipient has only 3rd party … and they try to take advantage (obviously no representation and support due to their policy) and wriggle out of a payment or even delay as long as possible (no … insurance don't do that! LOL). I assume that both Insurance companies are different and not the same.

      There was a report on TV recently, where a poor woman's car had 3rd party and was written off by a Truck driver (clearly at fault) and was still waiting for a payout. After several months …. no transport for her and had to go on National TV for the insurance to pay. To top if off, the truck company gave a paltry excuse and said that their truck driver didn't claim hence the delay.

      Cheers

      • [Deactivated] on 10/10/2017 - 11:37
        -1

        I would go one step further… And recommend everyone just be in a fully insured car at all times when they are not in their dwelling!!!

        We have enough uninsured drivers running into other cars; though what people also do not think about is the uninsured drivers hitting (profanity) pedestrians or (profanity) cyclists. Why aren't they in fully insured motorvehicles too???

        • whooah1979 on 10/10/2017 - 12:53
          +2

          uninsured drivers hitting (profanity) pedestrians or (profanity) cyclists.

          Ctp cover those road users.

    • Bluberry on 09/10/2017 - 13:42

      Yup this. I dont know Why people bother getting ctp only and not comprehensive insurance. CTP offers so little protection its just not worth it imho.

      • -.- on 10/10/2017 - 17:17
        +3

        CTP Greenslip (mandated to get your rego renewed) is different from optional third party insurance from an NRMA, AAMI etc.

      • Quantumcat on 18/10/2017 - 15:59

        Ctp is injuries only, different to third party property (which covers the other car, buildings, etc)

    • btst7000 on 09/10/2017 - 20:25
      +8

      It costs about $20 a month on top of third party

      Depends on your age and vehicle. For young drivers, comprehensive is obscenely expensive. Potentially upwards of $150/month, depending on the vehicle. Not really a realistic option for cars worth a couple of thousand dollars.

      • djsherly on 09/10/2017 - 21:31
        -7

        It’s not your car you should be worrying about. It’s the merc you rear end, the rangey you t bone at a crossroads or the chick you put in a wheelchair that you should be worrying about.

        In my view if you don’t have comprehensive insurance you have no business being on the road.

        • whooah1979 on 09/10/2017 - 21:35
          +3

          or the chick you put in a wheelchair that you should be worrying about.

          ctp (nsw) takes care of this.

        • Kikkoman56 on 10/10/2017 - 00:52
          +12

          Isn't that the other way round? You say you shouldn't be worried about your own car (Comprehensive) but about the other party's car? (Third Party Property) Regardless of whether it's third party property or comprehensive their car will be fine.

          Also as btst7000 says, young drivers pay through the roof. I'm on my P's now and to comprehensively insure my almost 15 year old Honda would cost 1/3 of the value of the car per year. In comparison, my Third Party Property, Fire & Theft policy is less than 5% the value of the car per year…

          "Costs about $20 extra a month"… I wish.

        • whooah1979 on 10/10/2017 - 05:58

          @Kikkoman56:

          I'm on my P's now and to comprehensively insure my almost 15 year old Honda would cost 1/3 of the value of the car per year.

          Have you considered taking out insurance in another owners name? Someone more mature?

        • stickyfingers on 10/10/2017 - 11:30
          +1

          @Kikkoman56: a lot of people here in Queensland seem to think CTP is Third Party and will cover damage to others property so they never end up getting any other insurance besides CTP.

          It’s not just if you hit somebody’s 1998 Falcon, but more if you hit a brand new Ferrari which causes you to swerve straight through an Apple Store destroying expensive glass windows and computers and hospitalising a few more people.

          That’s expensive. That’s why you at a minimum get third party.

          Like the above, being in my early 20’s means the cost of comprehensive is insane. As much as I love my car, when the insurance adds up to a large percentage of the cost, it’s not worth it.

        • [Deactivated] on 10/10/2017 - 13:49

          @stickyfingers: I think when the comprehensive is worth a large percentage of the cost, it becomes a value vs risk proposition. Depending on how often you're on the road, would you be okay in pay the cost of your car over 3 or 4 years or to take the risk that you might lose the value of your car in an accident.

          Back when I made less money and had a cheaper car, that was what I decided. Driving for 3 years without any incident made it worth it and it was a risk worth taking.

        • Dan83 on 10/10/2017 - 18:48

          @Kikkoman56: This, to everything you said!

        • highdealer on 10/10/2017 - 22:51

          @whooah1979: Hard to do that when the car is register in your own name.

        • whooah1979 on 10/10/2017 - 23:20

          @highdealer:

          Hard to do that when the car is register in your own name.

          It depends on the insurer. In nsw the registered operator and the owner/s of the vehicle can legally be the same entity or different entities.

        • Nuggets on 11/10/2017 - 00:29

          @whooah1979: what would be the point of that? The excess work be astronomical. In fact even if you take it out under your own name it's not worth it.

        • highdealer on 11/10/2017 - 00:52

          @whooah1979: Anyway if you are still driving the car, you still have to list yourself as a driver or pay ridiculous excess fee to claim for under 25 years old driver or risk them denying your claim, there is no way to get around paying the age fees.

        • whooah1979 on 11/10/2017 - 06:04

          @Nuggets:

          The excess work be astronomical.

          that's true. but excess is only applicable if the young driver is at-fault.

        • whooah1979 on 11/10/2017 - 06:08

          @highdealer:

          Anyway if you are still driving the car, you still have to list yourself as a driver

          some insurers like the one we use covers all drivers without us having to naming each and every driver in the policy.

        • whooah1979 on 11/10/2017 - 06:20

          @highdealer:

          pay ridiculous excess fee to claim for under 25 years old driver

          take out a policy in another owners name to reduce the premium. then drive carefully to reduce the chance of being at-fault and paying an excess.

        • Quantumcat on 18/10/2017 - 16:01

          @whooah1979: when the insurance company finds out this little fraud they may decline to pay out any claim and then you'll be in deep doodoo plus the wasted premiums paid

        • whooah1979 on 18/10/2017 - 16:05

          @Quantumcat:

          when the insurance company finds out this little fraud

          you're assuming that this is fraud.

          https://www.ozbargain.com.au/node/334363#comment-5159823

          op is from vic. the rules could be different there.

        • Quantumcat on 18/10/2017 - 16:07

          @whooah1979: it out was possible to take out insurance under another name, why wouldn't everyone just take it out under their mum or dad's name?

        • whooah1979 on 18/10/2017 - 16:11

          @Quantumcat:

          why wouldn't everyone just take it out under their mum or dad's name?

          the insurer would be in a better position to answer this question.

      • MrSammyMcG on 10/10/2017 - 15:23

        I can second this, I'm 19 and i just bought my first car this year (Nissan Micra 2012, with hail damage) anyway I did end up going for comprehensive insurance but the premiums for that are nuts until you're 25. I don't remember what it was but it was something like an extra $150 a month at least.

    • Lord Ra on 09/10/2017 - 20:29
      +2

      Only here we need to buy two insurance policies. I don't mean to be a whinging pommie, but in the UK, USA & even in a 'third world' country like India, it's either one or the other. Fully comprehensive means just that. It covers any & all damage, both to materials and humans. I pay an extra $500 pa for my mazda 3, for fully comp. $42 pm, I guess its worth it for peace of mind.

      • whooah1979 on 09/10/2017 - 20:31

        Fully comprehensive means just that. It covers any & all damage, both to materials and humans.

        Can one drive in these countries without insurance?

        • Lord Ra on 09/10/2017 - 20:32

          That's a strange question, is it meant to be rhetorical?

        • whooah1979 on 09/10/2017 - 20:33

          @lordra:

          It's not rhetorical. Can one legally drive a vehicle in these countries without insurance?

          Furthermore, can one choose to only insurance ctp and not property insurance?

        • Lord Ra on 09/10/2017 - 22:07

          @whooah1979: Ah, a serious question - I like! No, of course not. You need either CTP, TP F&T, or Fully Comp. Fully Comp means just that, fully comp (in this context, on the road). It covers everything, including CTP + F&T (for the road). We buy ONE policy, not two. Fully comp covers it all (for the road). What does CTP have to do with property? This entire post is about vehicle insurance mate.

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