Car Accident with Uninsured Driver (NSW)

L[Deactivated] on 20/02/2018 - 12:15
Last edited 20/02/2018 - 13:56

I have been in a small accident yesterday with another driver who is not insured. Nobody was hurt, no glass broken etc. I have comprehensive cover, and already began the claim process soon after the accident. The other driver has admitted liability, and with photos as evidence, there's no question over fault. Based on this, my insurer has assigned fault to the other driver, and so no excess for me.

This morning the other driver called me, asking if we might keep this private, with a concern that my insurer will send him a large bill. I understand, and sadly I've been in his shoes, unable to afford insurance many years ago. He was also quite friendly about it all, was very happy to swap details etc. So if there is a way I can help this other driver out ( while also seeing my car fixed ), then I'm happy for that.

I've asked a repairer for a quote this morning, however I think it's going to be expensive as a whole door needs replacing.

Are there other options for the other driver, or other services that might help him? Anything I can pass onto him might be of help.

EDIT: Typos

EDIT2: I spoke to another local repairer, and we had a long conversation about this. They suggested that me using insurance is better for both parties. Me for obvious reasons in addition to those below. For the other party, insurers are apparently happy to setup payment plans and alike. This avoids additional recovery costs for those genuinely happy to pay.

The only potential downside appears to be an inflated cost for an insurance job. Although perhaps that may be mitigated somewhat in my case, as regardless, a new door & paint is required. I will never know for sure I guess.

Thank you everyone for the advice. You've definitely helped me, and the other driver I suspect.

Automotive

Comments

        • Dealayed on 21/02/2018 - 18:38

          @ChickenTalon: Actually this might have been my first accident forum visit so pardon my negligence. Always had comprehensive insurance, not knowing what it's for but knew I just had to have it. Been involved in 2 not at fault accidents and fortunately everything went smooth so never had to deal with something like this. Agree, the system is confusing and not much awareness.

  • [Deactivated] on 21/02/2018 - 18:36
    +1

    It's great to see that you are considerate towards the other driver and you've taken initiative to minimize the cost.

    Take into account your own vehicle. If your door has keyless entry, airbags, break in sensors… There's a whole lot of wiring to be done. Some of it are not plug and play and requires the onboard computer to be properly calibrated.

    After the job is complete, there are dozens of clip points for the cables and panels. Even when I work on my own vehicle (with TLC), I have never managed to refit a door without some sort of cable or panel rattling.

    If you choose to proceed without the insurer, be prepared to fight for your repair warranty. The other driver isn't going to care.

  • smartazz104 on 21/02/2018 - 19:16

    You pay for comprehensive, you use it; it's not your concern what someone who drives around uninsured says or thinks.

  • ozzpete on 21/02/2018 - 19:27

    Personally, I would never wanting to be driving around a vehicle without cover against me damaging someone elses property. I know as a person with little saving and small budget (as a student and disabled pensioner) I know that if there was an accident which was my fault and significant damage done, then I cannot afford to pay for the damage.
    The at fault party has made an error in judgement by not insuring against at fault damage to other people property (your vehicle in this case) .
    At your own significant risk, you could have the person who damaged your vehicle organise a repair, or pay off a repair. Im not sure where this would leave you though, if in 1 months time the driver at fault turns around and says "look im not able to pay off the bill any longer".
    So going outside of insurance company would be putting yourself at great risk.
    Maybe you are allowed to get several quotes for repair and go for cheapest quote ? Then go to insurance company with cheapest quote. The insurance company would chase him for the money and give him some payment plan I guess, at least by getting multiple quotes your getting the amount he has to pay back reduced.

  • derrida derider on 21/02/2018 - 19:28

    Ignore the a-holes here who think it's a crime to be poor. Assume the other party is being honest and sincere because they usually are.

    But even so there's just too much risk for you. The biggest risk is a dodgy repair - not the person paying's fault but just as bad as if it was.

    Gently tell him "no can do" and, as others have pointed out, tell him insurance companies know bankrupting him won't get them their money. If he really can't pay they'll come to an arrangement.

    • [Deactivated] on 21/02/2018 - 19:37

      Yes. This is more or less what I said today. It still didn't feel nice to say, but I genuinely believe it will be easier and better for everyone including the other driver. Certainly it must be better than trying to scramble together an amount immediately? And the benefits for me are numerous.

      • porkupine888 on 22/02/2018 - 12:53

        pretty much first time driving, i didn't realise/know you had to keep your foot on the brake or the car would automatically move forward - gently kissed the rear of a 4x4 - only bumped his rear bull bar - wanted to keep it out of proper process - immediately brought him to my local repair shop for a quote - told them the issue & they did a panel beat on the spot resolved it - but i still had to fork out for my side where the bonnet had a massive dent.. $600 dollar driving lesson…

        • knk on 22/02/2018 - 15:25

          Not to be rude but like, how'd you get your license if you didn't know an automatic would move forward on it's own? Genuinely curious lol.

          Or did you get your license in a manual perhaps?

        • porkupine888 on 23/02/2018 - 09:31

          @knk: correct - manual + as first four words indicate- pretty much first time

  • wildstone on 21/02/2018 - 19:41

    Can anyone explain why if go through insurance repairer wants to charge 50-60% more? Just because they can?

    Why are insurers stupid enough to let them charge 50-60% more than it should be?

  • peterept on 21/02/2018 - 21:20
    +3

    Having done this for someone else before, don't forget:

    • You'll have to do the running around trying to get 3 reasonable quotes - and those quotes are the ballpark because you have to pay an amount to get a proper quote - which means you'll need to get the at fault driver to pay for that
    • You'll have to organise the at-fault driver to pay the deposit when the work is started
    • You won't have your car for 4+ days, and going privately probably won't have access to a loaner car. So add transport for drop-off and pick-up.
    • IF the at-fault driver doesn't pay, you may not get your car back (atleast that's what my repairer said to me)

    It ended up being a huge inconvenience for me, I wouldn't do it again.

    • slee123 on 22/02/2018 - 15:24

      ^ the running around was a big hassle cos the guy I tried to do this for complained at the cheapest price so I went to the insurance recommended panel beaters for a quote and another place just to prove the cheapest price (as mentioned in my comment all the way below, was a guy we did work with at the car dealer I worked at) was actually very decent. All that running around was for nothing as he didn’t show up to pay for the repair (I wanted it upfront).

  • flatwhitepls on 21/02/2018 - 21:57

    You are paying for insurance. There is a reason you are paying a premium for. That is them acting on your behalf to sort everything. The other driver can deal with them directly and come to an agreement or even a payment arrangement.

  • apu on 21/02/2018 - 22:04

    If the at fault driver cannot afford insurance or is too tight to pay for insurance, what makes you think he/she is going to pay your repair bill irrespective of the cost? Best to let your insurance handle it because it will involve less hassle in the long run.

  • beyondtool on 21/02/2018 - 22:20

    DON'T DO IT. I had the same sob story from a truck driver who side swiped me. He said his mate was a panel beater and would fix it like new. The first paint job was pathetic and had sand and dust in the paintwork. The second attempt was the wrong color. By that point he washed his hands of it and said the problem was now with his mate not him. Lesson learned.

    So I ask you do you want to learn a lesson here or does the at fault driver deserve to?

    • TheOneWhoKnocks on 22/02/2018 - 07:16
      +1

      Only you should choose the repairer if going via the private route. Hearing that makes me cringe.

  • DBBROS on 22/02/2018 - 00:13

    Just make sure that you have it repaired from a good panel beater or a repairer. My resale value suffered due to the poor quality of work despite going through insurer and paying a hefty excess

  • johnno07 on 22/02/2018 - 02:04
    +2

    I do not understand why people don't have third party property insurance. Can be had for less than $200 a year. It's simply ridiculous. I have zero sympathy for this guy. The chances that a bloke who can't afford $200 a year f***s you over are way to high if you decide to do it privately. Just go through your insurer.

    • birdhouse on 22/02/2018 - 13:05

      Yep. This. Very easy to organise and affordable. Shouldn't be driving without it.

  • Zenith2k3 on 22/02/2018 - 05:15

    If private, it's got to be on your terms. Pays upfront in a timely manner. Your repairer.

    If via insurance, your car will have accident history, thus lowering your resale value, also raising your premium, not by much, however. But this is the safest method, to avoid any headaches.

    Similar happened to me, but I wanted to keep it private, but luckily the other guy tried to call my bluff, and I ended up getting a substantially larger payout than I would have if I had gone the private route and kept the car.

  • Kempe on 22/02/2018 - 10:51

    How does this other person propose to pay you?
    I guess you pay upfront and hope they come to the party?
    Good luck with that one
    You pay fully comp for a reason, USE IT

  • h4zey on 22/02/2018 - 11:31

    Never been in your situation, while I applaud you for trying to help but just make sure that you are in the position to help yourself.

    You can't jump to save someone who is drowning while not knowing how to swim yourself. What I am trying to say is be smart.

    Maybe talk this to your private insurance see what option they have?

  • useruser on 22/02/2018 - 12:56

    Looks like it's all sorted but yeh usually the insurer's will put out a tender anyway to get the best price and the other party can pay by instalments, no hardship for the other guy and no complications for you.

  • [Deactivated] on 22/02/2018 - 14:21

    Third party property should be compulsory in addition to the green slip. I have been in this situation and bending over backwards trying to help them get out of it cheaper usually means some compromise on your part in regards to quality of repair and constant running around and or a payment plan that you might have to try and collect. Far better for the insurance agency to garnish the persons wage and have a quality guaranteed repair done

  • slee123 on 22/02/2018 - 15:19

    I tried to be nice like this but the guy ended up not showing up to a prearranged meeting with the invoice quote for him to pay before I had work done. In the end I went through insurance and he started calling me complaining and leaving voicemails. Insurance advised not to answer his calls and that he must deal directly with them.

    The quote I got was from a panel beater we used to use at the used car department of the dealership I used to work at. He was far cheaper than the insurers’ choice (the insurers guys is who our new cars and some of the used cars guys dealt with all the time). So both quite reputable. Might be worth it asking a used car lot who they use if you decide to go this route, but my lesson was don’t trust them, it’ll end up being a bit annoying afterwards (had to file a police report a couple weeks after the accident, cop gave me a hard time for filing it so late…)

  • backpaqer on 23/02/2018 - 10:38

    I had a repairer quote for a door fix. $3000 through insurance. But the other party got a bit painful about it and tried to say it was my wife's fault and we only had 3rd party. Repairer offered us $1500 for a non-insurance job for the same work.

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