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

        • whooah1979 on 09/10/2017 - 22:28
          +3

          @lordra:

          You need either CTP, TP F&T, or Fully Comp

          you're in nsw, so you already know that we're only required to have ctp to cover personal injury. anything else is optional.

          this requirement gives motorists in nsw choice, which doesn't seem to be the case in those countries mentioned in this https://www.ozbargain.com.au/node/334363#comment-5155771 post. some motorists may find it convenient to use one insurer for all their insurance needs, while others prefer to shop around for the best price and use multiple insurers.

        • Lord Ra on 10/10/2017 - 14:27

          @whooah1979: I understand mate. Its the same in those countries too. CTP is bare minimum, thes rest is optional. The point I'm trying to make is that if you chose to have Fully Comp, then CTP is included with that policy! It's not two policies with two companies (or one). Its the SINGLE POLICY for BOTH Fully Comp & CTP. That's the magic of it! Why would I want to split it into two & pay for two policies is beyond me. Yes, there is the choice, but again, Fully Comp encompasses CTP. So if you buy CTP (bare minimum), good. If you buy Fully Comp, CTP is INCLUDED in the policy! No need to shop around or pay for another premium! I guess its a culture thing, I'm quite happy that I was able to dump Allianz & go to Budget.

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

          @lordra: you have a choice to get both with the same insurer it two different ones. More choice is better than less

          Personally I get my ctp with whoever is doing my rego inspection to save time when renewing rego then go shopping around to save $ on the comprehensive

        • Lord Ra on 19/10/2017 - 07:03

          @Quantumcat: CTP is included in the comprehensive, no extra costs, no shopping around, no paying for two policies.

        • Quantumcat on 19/10/2017 - 08:08

          @lordra: Then you don't have the option of just getting it with the rego inspection and not getting comprehensive to save time. Less choice :p

        • Lord Ra on 19/10/2017 - 08:28

          @Quantumcat: Of course you can get just CTP if you want. I not that hard to understand but perhaps I'm unable to say it outright. The main point here is that its just one policy (either comp or CTP), comp includes CTP, plenty of choices, get it at rego inspection, saves money too as you're not paying for two independent policies. That's it! :)

        • Quantumcat on 19/10/2017 - 08:35

          @lordra: Except if you can't shop around how can you be saving money? They have a captive audience of you then. The one supplied by the rego inspection place would be bad value because they know a lot of people will go for the easy option, like how drinks cost a fortune inside the movie theatre, but in the food court prices are competitive. Makes sense to me, I guess not to you, oh well. Let's agree to disagree.

        • Lord Ra on 23/10/2017 - 07:50

          @Quantumcat: Ah, that's where you're wrong! You only pass the 'MOT' or roadworthiness test at the rego inspection place. You're free to go home, go online, go to comparethemeerkat or any of the other comparison sites & pick and choose your car insurance! I know what you're saying, it makes perfect sense, I would never buy from the inspection place, it would be such a rip off! Miaow! :)

    • Seni0r El Cheapo on 09/10/2017 - 21:18
      +19

      $20 a month on top of third party?

      I am a 35yo+ sexy driver with super-clean driving record. I drive a 10yo SUV and comprehensive costs me 30% of my vehicle's price - approx $900 a year. Third party from Coles costs me about $300 and some change.

      Mate, can you share what have you been smoking lately?

      • Lord Ra on 09/10/2017 - 22:08

        Same mate, but a mazda 3, I just renewed with Budget ($498), left Alliance ($785).

      • Seraphin7 on 10/10/2017 - 11:32
        -2

        I can only go from my experience. I couple of years ago I looked at moving from comprehensive to 3rd party only (as my vehicle is now only worth a couple of grand) and found the cost differential to be about $20 a month. I'm more than happy to pay the $20 a month to prevent all the grief like that described in the OP.

        • Seni0r El Cheapo on 10/10/2017 - 14:11
          +2

          That statement holds for new vehicles. For old POSs, the gap is huge.

        • Seraphin7 on 10/10/2017 - 16:16
          -1

          @chootar-singh: I can assure you, mine would be considered an "old POS". Indeed, I've just run a fresh quote and got $404/year for full comprehensive and $338/year for third party only … a difference of $5.50 a month.

        • Seni0r El Cheapo on 10/10/2017 - 20:25

          @Seraphin7: Nice nice! Could you please share the insurance company name? And the vehicle you drive?

        • highdealer on 10/10/2017 - 23:49

          @chootar-singh: May be bingle or some thing, i just did a quote with them and it is 300 and change for third party and around $450 for comprehensive for a 2000 honda accord. But this is for over 30 driver.

          For some one under 30 it is $465 and $700

        • Seni0r El Cheapo on 11/10/2017 - 02:01

          @highdealer: thanks.. I will check; cheers.

        • Seraphin7 on 11/10/2017 - 09:00

          @chootar-singh: I drive a 2004 Commodore, quotes noted were with AAMI.

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

          @Seraphin7: https://files.ozbargain.com.au/upload/60750/52888/aami.png

          $1300 for me with the same car and i am 25 years old, no accident record, have license over 5 years, drive less than 5000km a year.

          You over 60 driver? Cause that is the only way i saw premium at such low price for AAMI.

          Age difference really matter.

        • Seraphin7 on 11/10/2017 - 11:52

          @highdealer: No, not an over-60 driver, although a bit older than you. Without going into nuts and bolts, I can only assume differences in age and where the car is kept.

          Did you click the link to use the same details to get just the third party property quote? That is really the issue here … the difference between comprehensive and third party property.

        • highdealer on 11/10/2017 - 12:05
          +2

          @Seraphin7: Same detail for third party is $520. Difference is $800.

          Why don't you provide all the detail, so we can get an accurate picture. Saying everyone should get comprehensive because the difference is not much is a really moot point cause not everyone is in the same situation as you.

        • [Deactivated] on 11/10/2017 - 23:38

          @chootar-singh: My 14 year old car, comprehensive is $358 / year (the vehicle is worth about $4000-5000 on paper - in reality more as it's low Kms). Third party fire and theft is about $260. Shop around. AAMI / 30-40 YO driver.

          Might vary based on the excess you select as well, though that's less of an issue if you're not at fault.

          Can depend on if you garage the car / where you live etc also. Clearly risk tables are a bitch to some of you.

    • idonotknowwhy on 10/10/2017 - 09:31
      +6

      The thing is, my car is only worth like 2-3 grand now.

      If an uninsured driver smashes my car, I'll buy a new one. I've been fine on 3rd party insurance for nearly a decade, and have saved more than I would pay for a new car by doing so.

      Were I rich enough to invest in an 80k car, I've have full comprehensive for sure.

      For now though, as long as insurance will cover me accidentally causing a crash or damaging a bridge, this will do.

      • macrocephalic on 10/10/2017 - 10:38

        And insurance doesn't tend to go down as your car is worth less. My wife was paying $600pa to insure her car until I pointed out to her that it was only worth about $4k.

        I ride a motorcycle, comprehensive insurance is ridiculous. My bike is probably only worth about $2k (although insurance won't let me value it less than $5k). I just have TPFaT for about $120pa.

    • Cluster on 10/10/2017 - 11:52
      +1

      Yes, get comprehensive insurance. It stops all this nonsense of the victim having to chase someone for money. Also as a follow up to many ozbargain and other forum postings, keep paying your insurance. Don't stop paying it until the vehicle is registered in a new owner's name. Buy insurance for the day you get a new vehicle. There have been a plethora of 'I was selling the car and insurance expired yesterday, and I crashed it' and 'I was going to get insurance next week and I ran into another car'.

      Comprehensive insurance for young drivers can be horrendously expensive, especially when the young driver wants that hot Subaru or new Commodore because they can't be seen dead in a cheaper vehicle. Sorry, but you'll just have to put up with the indignity of driving a car that's affordable to insure for a few years.

      • [Deactivated] on 10/10/2017 - 14:04

        Or drive a <6k car until comprehensive insurance makes sense.

        • Cluster on 10/10/2017 - 15:09
          +2

          Yes. If your insurance is going to cost $2k per year, choose a car up to $6k or so and pay just a few hundred for third party insurance. After four years you've saved enough money to buy another car.

  • Stewardo on 09/10/2017 - 12:26

    This happened to me 20 years ago, i witnessed the incident and the car drove off. Police gave me guys details from the number plate. My third party property insurance chased the uninsured driver down and got me the money.

  • cypher67 on 09/10/2017 - 13:11
    +2

    Rule of thumb, always call the police if there is an accident with damage. Makes things 10 times easier to recover the money if its not your word against theirs as there is a police report.
    If you want to recover the money, you will need to take them to court, they likely know this and given you don't sound sure of yourself and what to do, they probably know you are unlikely to follow through.
    Suck it up or get committed. Asking nicely isn't going to work.

    • WatchNerd on 09/10/2017 - 13:46
      +6

      From my experience the Police usually only attend if a car has to be towed away, and even if they do, they don't want to get involved.
      They just tell you to take photos and exchange details, then let the insurance companies take care of it.

      Personally I have a dash camera & as soon as I get out of the car, I start filming the exchange of words on my phone without the other party knowing.

      This has helped me out once in court, as the conversation after the accident was different to their witness statement. They didn't attend court, as their insurance companies solicitor was representing them.
      So the Judge concluded that their witness statement was pretty much unreliable.

    • macrocephalic on 10/10/2017 - 10:41

      When I notified the police of an accident (about 10 years ago) they told me they don't attend unless someone is injured. The only way they car write up an incident is by finding one of the drivers at fault and giving them an infringement. Given that it was a simple and understandable mistake from the at fault driver, I didn't want him to get fined for it on top of having to deal with having damaged his work vehicle.

    • CLoSeR on 11/10/2017 - 06:59
      +1

      In NSW atleast the rules changed years ago, Police no longer attend when a vehicle needs a tow. Police only attend major accidents, ie. Someone killed or injured or under the influence.

      http://www.police.nsw.gov.au/safety_and_prevention/safe_and_…

      • cypher67 on 11/10/2017 - 09:40

        Good to know, my last incident was over 10 years ago and it was standard back then to call the police. Thanks

  • [Deactivated] on 09/10/2017 - 13:24
    +2

    The court route is fun. It s part of what makes this country great. Fair go and second chances for all.

    Just remember that even if you commit many many hours to take this to court, taking time off work in order to do so; he probably does not have the money to pay you back, leaving you being dripfed the money via a payment plan over the course of many years.

    Lucky fair go is still alive and he is probably driving around out there still like a good cobba.

    • Baysew on 09/10/2017 - 16:20
      +1

      Yeah, they should get the chair.

      • [Deactivated] on 09/10/2017 - 17:40
        +1

        Nah mayte. Thats not the Aussie way.

        Aussie citizens deserve to get second chances, third chances… even fourth chances; it is called a fair go.

        That driver getting angry who is deflecting responsibility is just exercising his rights!!! Straya mayte.

        We are not animals

        • Baysew on 09/10/2017 - 19:10
          +3

          Yeah, they shouldn't get the chair.

        • Charity on 10/10/2017 - 15:30

          Struth, you're right!

          Should just invite old mate around to your house and throw a couple shrimps on the barbie. He then squares you up with a couple of cartons of VB or XXXX for writing-off your shiela's new Mazda. Then shake the man's hand, Bobs your uncle, everything is ridgy didge.

          That's the good old fair dink'um way, right!?

      • [Deactivated] on 10/10/2017 - 09:24

        Mate, they probably have a whole lounge set on the front yard.

    • Elision on 10/10/2017 - 15:25

      Also, my friend took someone to court over the exact same thing, the guy who hit her car just didn't show up. There was apparently nothing they could do other than put a mark against the guy for a certain amount of years meaning he couldn't get a loan or something. That was all.

      • [Deactivated] on 10/10/2017 - 16:33
        -1

        A fair go for all!!

        • Pricebeat on 11/10/2017 - 18:38

          Where’s the fair go for the person got their car wrecked? Or you only get a fair go if you knock someone? Also I hope your only implying fair go to this incident and not rape cases. Give them second and third chances?

  • HereYeeHereYee on 09/10/2017 - 18:38

    Get comprehensive, I had a mate who was in an accident (truck rear ended the car) and truck driver tried to claim the damage was beforehand….(friend got dashcam proof anyway) and she was able to make the claim right away. Truck driver may given false information (claims to be NRMA but was hesitant to give it out initially).

  • [Deactivated] on 09/10/2017 - 19:48
    +1

    For anyone else reading, if you have insurance (even third party). Tell them IMMEDIATELY if you're in an accident and have the other driver's details, even if you are not at fault. If you can identify the at-fault party they will usually pursue the other driver for you and you will have to pay nothing (even without comprehensive). If you leave it 2-3 months you're possibly out of luck.

    Don't accept any BS from other drivers about them paying you (or trying to keep it off the books etc) get your own insurance involved immediately.

  • cushydeskjob on 09/10/2017 - 22:30

    I think the guy who hit you is a bullshitter. Get your skates on and take up your TPD insurer's offer before it's too late. Fartarsing around with letters of demand and local court is what you do as a last resort.

  • agam2104 on 09/10/2017 - 22:33
    -1

    Thanks, everyone for great advice.One doubt many of you suggesting you have to file asap, but I thought a person has time of 6 years to file clam?

    • xuqi on 10/10/2017 - 02:33
      +5

      6 Years? I wouldn't wait 6 days……

    • [Deactivated] on 11/10/2017 - 23:42

      Your insurer might cover you, but all insurers require you to notify them 'as soon as possible' or their policies are usually void. < 24 hours is usually sufficient. The longer you leave it the more chance they don't believe you / ignore you.

  • dojomojo on 10/10/2017 - 07:14

    Sounds like OP is scared to talk to his/her insurance company. Also, there is a big difference between third party property insurance & compulsory third party insurance…

    • [Deactivated] on 11/10/2017 - 23:43
      -1

      Not much actually, when you're not at fault, except for the limit on the amount they'll cover without extracting it from the other party first.

  • OzzyOzbourne on 10/10/2017 - 08:18

    Classic, 1st world country that doesn't require you to have at least 3rd party car insurance, wth. Nearly as good an idea as having no annual road worthy checks in most states. Unbelievable

  • [Deactivated] on 10/10/2017 - 09:18

    Just knock on his door if you have his address. You won't be doing anything illegal. You clearly do not have a criminal reason to be knocking on his door. Record conversation as he will likely threaten with violence, use this against him too.

    If he calls the cops, they will ask you a bunch of questions. They'll likely tell you to leave him alone. Then send a letter of demand. Nothing illegal there either.

    He will start looking for avenues to have a restraining order but will not succeed because you are not harassing him without cause.

  • ipiok on 10/10/2017 - 11:26

    first thing you should have done was report the accident to the police.

  • thanatos350 on 10/10/2017 - 13:21
    +2

    Situations like these infuriate me. People are such dicks.

    I feel for the OP, because regardless of anything, this ordeal will be a headache.

    If I were them, I would probably just try to find a mechanic m8 and install a spare myself.

  • [Deactivated] on 10/10/2017 - 13:35

    If they're trying to save on third party, they're most likely not able to pay you. Go comprehensive with any car >5-6k. save yourself the headache.

  • wheretobuychocettes on 10/10/2017 - 13:46

    3 and a half years ago a BMW X5 pulled out from a service road right in front of me and I collided with the rear left of their car with the front right of mine (as I tried to avoid but ran out of road space). After 6+ months of not much from my 3rd party insurance company (Just Car, for what it's worth) the end result was they never even assessed the damage to my car (independently quoted at $5k or more) and case closed because Just Car has no reason to fight the case for me. I think the other person driving had no insurance. The owner of the car claimed they were driving and had their car repaired but I was just left hanging.

    Damage wasn't all that bad to my car. Sure, it ruined the aesthetics something shocking, but it still drives straight, has all working lights, bonnet opens and closes as normal, and I drive it to this day. Would have been great to have it repaired (or written off and paid out) but I've come to terms with it now.

    Before anyone says "you hit them from behind, it's your fault". Usually I guess. I got mad at my insurance company and remember asking someone on the phone once "so, any time I want a new car, I can just pull out into traffic and as long as they hit the rear of my car I'm good" - was met with silence from the other end.

    My lesson from the ordeal was to buy and have a working dashcam installed. Would have solved everything in my favour a lot quicker.

    Best of luck.

    • agam2104 on 10/10/2017 - 17:58
      +1

      I have my dashcam after that day only.

  • Name on 10/10/2017 - 14:35

    My mate had similar problems. But the other guy ended up in prison for other reasons and my mate ended up talking to the guys dad who handed over his old car. Was a loss of about $2k. My mate got full comprehensive insurance after that.

  • rustledjimmies on 10/10/2017 - 17:54

    Same thing happened to me, guy hit my bumper and had no insurance. Called my insurer straight after that (only had third party), made a claim, posted photos, guys licence etc. Insurer confirmed he was at fault, they inspected my car and okayed the repair. Insurer told me they'd chase the guy down for payment.

    • agam2104 on 10/10/2017 - 17:55

      So you have to pay nothing?.

      • rustledjimmies on 11/10/2017 - 11:45

        Didn't pay a cent.

        As long as you have photos of the damage of your car and his, place it happened, his car plates, his ID, date it happened (should be tagged in photo data), and described it, and they find that you're not at fault then no. Just tell them the truth that you didn't know that you didn't need to call them and that he lied about having insurance.

        I was with Just Car Insurance at the time and they managed the whole thing.

  • picklewizard on 10/10/2017 - 18:56
    +1

    I actually had a surprisingly hassle-free, $0 out-of-pocket experience claiming on my uninsured driver protection cover from my Progressive 3PP policy; definitely try this!

  • ChupaCabra on 10/10/2017 - 19:21
    -1

    Why dont we have a system in Australia where your insurance covers your car and human injury only? Then you don't have to worry about uninsured vehicles and if anyone uninsured has an accident then its their loss even if you are at fault.

    • picklewizard on 10/10/2017 - 19:30

      "In Australia" implies that this system exists elsewhere - does it?

  • picket23 on 10/10/2017 - 21:42
    +1

    1st off I have no idea why you didn't go to your insurer on the day you learned the other driver didn't have insurance.

    As to your question regarding excess, I did not have to pay excess when claiming under the uninsured motorist policy of my third party insurance. I had a different insurer though, AAMI.

    • daiwai on 11/10/2017 - 08:55

      Yeah, I have a car insured 3rd party with AAMI as well. They told me they will fix my car and chase up with no charge for me as long as the 3rd party don't have insurance, which is a big thumb up!

  • joelmuzz on 11/10/2017 - 08:30

    You can take them to court (it's not a big lawyer affair, pretty simple) and will win easy.
    But that's just the start, you get a court order saying they owe you the money but getting that money out of them is still a drama, you have to escalate through Sheriff's paying them fees and still you can't take money if they are broke.

    Insurance is the easiest option if the $3k will cover the repairs.
    Insurance will then be the one chasing the driver for money.

  • lostn on 11/10/2017 - 17:50

    If your insurer is reputable, then if you're hit by someone without insurance, they will accept your claim against them as though you were comprehensive. Provided you have their details.

    Normally you would have to deal with the other party yourself if the other party was at fault. But if they are uninsured, your insurer should be willing to deal with them on your behalf.

    I don't know if the smaller insurers will do this, but AAMI does.

  • usbc activist on 11/10/2017 - 22:10
    +1

    Wow. I had a similar experience few weeks back. I was waiting to exit from the parking of a small shopping mall in my suburb when a guy reversed into my car. He agreed his mistake, gave me his NSW photo ID card (which appeared strange to me) instead of license. He proposed to fix it privately, but i insisted about the insurance. He said he had insurance and asked me to provide his photo ID number to NRMA and they will arrange. I was in quite a bit of a hurry. So left from there taking a photo of his license and a missed call from his mobile which I requested. After that he did not pick any calls from my insurance company. He picked only one of my calls and said he was never involved in any accident. The only good thing was he gave me his photo ID card of which I took a photo. My insurance company said that it is sufficient for them and I need not pay anything. If he does not have insurance, he would be chased to pay or the law enforcement will get involved. They also later called and requested me to upload the details of my phone calls to him (missed and answered). I took a screen shot of it and emailed them.

  • El Draino on 24/10/2017 - 10:28

    Restitution is a legal pathway you can take. You need to raise a complaint with the sherrifs office and go from there.

  • FarKen on 15/10/2019 - 15:59

    Similar situation but with a twist. This occurred in Springvale, VIC 12th June 2019.

    My daughter needs vehicle to attend uni and work. Had to stop for car turning left off Springvale Road. Whilst stationary Scania truck hit her square in the back. $4.7k damage to Ford Falcon. boot folded in unable to close.
    The driver (let's call him Mr Mandeep S Sandhu for arguments sake) was initially polite and daughter took photo of his heavy vehicle drivers licence and mobile numbers were exchanged at the scene.
    Later same evening he texted a photo of the front of his truck (without rego) and claimed there was no visible damage to his truck so he was not at fault. We had to attend the local police station and the friendly police sergent called Mr Sandhu and had to verbally remind him it is an offence not to share rego when involved in an accident.

    Daughter has 3rd party property with AAMI, but they would not assist even though all details were captured and she was clearly not at fault.

    Calling around to truck insurance companies were made and NTI confirmed Mr Sandhu was insured with them, and a 3rd party claim was initiated though they confirmed driver had not lodged a claim. All evidence was provided and they recommended that their client made a claim, which was he then did. NTI handed over to VERO who was helpful and car was assessed with damage to above mentioned amount. Though VERO unable to proceed repair until NTI released funds. Then nothing. Repeat calls to claims officer at NTI met with no response repeat after repeat messages left but no response by email or phone.

    After about a month we sought legal aid and got 30 min pro-bono with a very helpful solicitor. An initial call was made to give NTI a chance. Promises of reply was made by NTI but not kept. A letter of demand was sent by solicitor to NTI was sent, and finally email responses from NTI stating they had reviewed the case, previously appointed claims agent no longer worked for NTI and would contact client, but if Mr Sandhu did not cooperate, NTI would withdraw from claim.

    Last Friday NTI responded: ".. it would seem like our client has not responded and met their obligation for this claim. As such, NTI will now proceed and withdraw from the claim. Please contact our client directly thanks."

    Calling back AAMI to attempt claim under Uninsured Motorist Extension (UME) which forms part of PDS page 16 Oct 2013 of 3rd party property up to $5k, as Mr Sandhu would to the best of my reasoning be equivalent to uninsured.

    Here's the twist:
    Even though NTI has withdrawn from the claim, technically Mr Sandhu is still insured, and was insured on the date of the incident, so not covered under UME. This NTI insurance and likely other companies as well are effectively worthless. My daughter is not at fault, her car is off the road, and commercial truck driver can just ignore liability and keep driving.

    I know the only option left is through courts. Magistrates small claim quotes $1.3k to lodge a claim capped at $1.7k for 2 hours, and as previously stated no guarantee of ever recouping money without further costs. So falls in the bracket of is it worth it when associated costs and effort quickly approaches value of car. No doubt Mr Sandhu is aware of this and might not be first or last time he has caused damage on ignored liability.

    Some people quote $100 to lodge a claim in court is that in Victoria?
    Any links would be appreciated.

    • FarKen on 25/10/2019 - 14:54

      In case anyone else reads this after a not-at-fault claim where the at fault party or insurance are giving you grief, Express & Co Lawyers were recommended by the local Accident Repair Centre.
      I made contact with them Tuesday, they are very friendly and have taken the claim on. I will report back on progress.

      http://www.expresscolawyers.com.au/motor-vehicle-claims--exp…

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