Someone Rear Ended My Car - Resolved

Stopped at a signal, and boom a guy crashes into the read of my car at low speed. Checked the car and has a small damage to the bumper and visibly no other damage. The guy exchanged his details and has requested me if I can get this done offline without going through insurance because his premium would go up and has to pay excess and all that. He is requesting me to get a quote through a panel beater and he will get it fixed. He is requesting me so that his premiums dont go up in the future. What would you guys do in this situation?

Comments

  • +36

    Assuming you have comprehensive motor insurance, I would go straight to my insurance company and lodge a claim.

    This does not mean he has to go through his insurance, your insurance company can simply invoice him for the repairs of the damage. His no-claim bonus, premiums remain intact.

    Don't tell him that he is required to inform his insurance company of this event even though he is not making a claim.

    • -1

      This increases your premium as well though if you lodge a claim, regardless who's fault or who pays.

      If it's minor damage either deal with it or get it fixed at a local bodyshop.

      • -5

        If you're not at fault, it doesn't affect your claim bonuses or premiums.

        • +15

          No claims isn't usually affected but premium definitely is. That's why you have to declare any claims in last 3/5 years 'regardless of fault'.

          https://www.notmyfault.com.au/car-insurance-claim-not-my-fau…

        • +4

          @Hybroid:
          My bad. I just checked with my insurer. If I'm not at fault, I still have to document my claim but it does not increase my premium but, that's because that is a policy I chose.

          It isn't exclusive to my policy nor my insurer. It is a case by case which is becoming more common to adjust premiums based on any claim, or worse yet, not disclose how premiums are calculated.

          I stand corrected.

        • +9

          @tshow: It does not increase your current premium but it may increase at the next renewal due to the claim. It certainly will if do not renew and you decide to go elsewhere as they ask for any claims made regardless of fault.

          I say this having been t-boned at an intersection by a driver running a red light and insurance companies both agreed it was his fault and his insurance paid for all repairs. My premium still jumped considerably on renewal even though not my fault and nothing else changed!

        • +2

          @Hybroid:
          Mine doesn't but it is club insurance and underwritten by a large corporate (Allianz unless they've changed). The club does the initial claim against the at fault party so the underwriting insurance doesn't get involved unless they are unable to recover the cost of repairs.

          Mine also covers track damage so I'm guessing it isn't a typical policy so I will point that out.

          Ps. The premium increase is "justified" by the insurer because making a claim, regardless of fault, attracts cost. Rather sad considering if the insurer makes a bumper profit that year from decrease payout, it doesn't go back to policy holders. One way.

        • RACQ do not ask you about not-at-fault claims, only at-fault claims.

        • @Hybroid:

          My premium still jumped considerably on renewal even though not my fault and nothing else changed!

          This is why insurance is a scam. I bet you the repair bill was 3 x what a private repair would cost.

        • +3

          @tshow:

          Insurance recovers administration cost from the losing insurance party. So no, it doesn't attract claims processing cost.

          The real issue is that statistically, if you make a no-fault claim you have a higher probability of making future claims (both at fault and not at fault). Eg, people who make claims of any kind are more likely to be on the road more. If you're on the road more, you have a higher probability of making an at-fault claim.

        • @Thrawn:
          I've considered that reason in the past, however, there's as much extrapolation and false equivalence as the scenario I will provide below.

          Purely an intellectual exercise here because it makes no difference to anyone whatsoever. Insurers can say and do what they want as long as they package it neatly.

          Someone who makes a claim is more likely to claim again may not necessarily mean they are on the road more. It could also mean people that make a claim are more likely to exercise their policy than those who haven't because it is a familiar process. People are more likely to repeat an action than to develop a new one.

          Also, if the premium is based on being on the road more, this is already encompassed in the forms where it asks for estimated mileage travelled per year (at least mine includes that question).

          Of course the end result is the same. Someone who makes a claim is a less profitable customer but one of those conclusions doesn't make for a very marketable protocol.

        • @salmon123:
          You'll find that the misuse of the word scam is not entertained well on ozbargain.

        • +1

          @Thrawn:

          The real issue is that statistically, if you make a no-fault claim you have a higher probability of making future claims

          This could be related also, to an individual's defensive driving skills.
          I'm sure that most of us avoid many accidents, where the other driver/idiot would have been at fault, had we not reacted in a manner to avoid the collision.
          I'm certainly not going to defend insurance companies, as I believe many/most are unscrupulous. However there may be something in the thinking that once a driver has claimed for 1 accident (not at fault) they are more likely to make more claims, than perhaps the driver who never makes a claim, because they drive super carefully, such as drive way behind other vehicles more than necessary. And maybe some drivers are really really good at defensive driving techniques.

        • +1

          @salmon123: And this is why I have a vehicle I can afford to replace, and third party property insurance. I'm happy to be responsible for my own actions when they relate to my own property.

      • +6

        My premium went up because of an accident where I wasnt at fault. I was with AAMI

      • My premium never went up when my car was written off due to the other drivers fault, I got a 25k payout.

    • +2

      His no-claim will be intact but I guarantee they will take the accident into account when tries to renew with the same company next year.

    • +3

      You must also consider that the panel beater will add 25-50% to the cost of the repairs if going through insurance so the other driver paying the panel beater upfront or paying the insurance company are not equivalent. I'm not saying that's the OP's problem but that's the reality.

      I've done this favour for one driver, and I've refused for another. It all depends on the attitude of the other driver and the level of inconvenience to me. In the case that I agreed, I went to a panel beater that I trusted and had used before, and the other driver paid him before any work was done. In the case that I refused, the other driver was clearly a d*ckhead with no remorse whatsoever for the inconvenience he caused me. I refused immediately and called the insurance company.

      • +9

        The reason I pay for insurance is to give me coverage in such circumstances, this includes unforeseen issues stemming from the accident.

        If you go through the third party privately, you are adopting the risk of it going wrong, including :

        • Non-payment by Third Party
        • No communication by Third Party.
        • Time wasting / stalling by Third Party.
        • Damage unseen or un-assessed initially then having to chase Third Party again.

        It is not worth the risk.

        • THIS!

          You pay insurance for a reason, let them do it all and they can invoice the other party.

        • +8

          You tell the other driver they have 7 days to pay the money directly to the panel beater or you'll go through insurance. Risks 1-3) entirely mitigated. I have taken 4 separate cars to panel beaters on multiple occasions, I've never had 4) happen to me. If the panel beater is unaware of the risk of underlying damage based on point of impact and exterior damage, they are a terrible panel beater. They have to get their quotes approved by the insurance company before they begin work after all. Even if they don't know the extent, they can advice you of the risk and you can go through insurance.

          I have insurance so that I know that I'm covered. It doesn't mean that I'll refuse a request if it's reasonable. If it's a bumper bar that will cost $500 to repair privately or a $700 excess and 5 years of premium excesses because the insurance company will be quoted far more, I'll consider the request. I don't think there's anything wrong with a little empathy towards others, as long as it doesn't inconvenience me too much. I realise that everyone is different though.

  • +8

    I think it's a reasonable request, accidents happen. It's all about how you execute it. The only way I would agree to it is if I got money upfront.

    • +8

      It is reasonable. Just wait until he gets the quote, then things will change real quick, IMO

      • Yeah, it all comes down to how giving OP wants to be, at the end of the day he carries the risk.

        But it seems like a minor fender bender and a quote should be straight forward. Again money up front is the only way to do it.

      • Similar thing happened to me. Small damage to the bumper and the guy requested not to get insurance involved. The quote was $600, never heard from him again.

        Filed a claim with my insurer a week later, they weren't able to contact him and wouldn't pay out the excess ($500) unless they could confirm with the other driver who was at fault.

        When getting a quote for renewing my policy it was $100 more if I had a not at fault claim. So I ended up withdrawing the claim about 3 months after the accident as it was going nowhere anyway.

    • +8

      If your repair work is unsatisfactory or is found faulty at a later stage

      Through your insurance - your insurance has a panel repairs warranty. They will act on your behalf.

      Outside of insurance - you'll chase it up yourself. A shit show if it happens.

  • +11

    If he seems like a nice guy I would get a quote and not go through insurance. However, if he starts making excuses and doesn't pay up straight away, then go through your insurance. Although you don't need to pay for the excess, your insurance will still go up because you're a high risk driver. Sounds unfair, but that's what insurance companies do. This is why if I'm not at fault, I will ask the other driver for their claims number and find a mechanic that will deal with their insurance company for me.

    • +3

      Everyone is nice when they want something.

      If the other driver is actually nice, they would recognize the imposition he is placing OP in and just let the process happen.

      • +3

        It's not like the other driver can stop OP from contacting his insurance. If OP wanted to go through insurance, he would've done it already and not asked here in the forum. OP wants to know if he should help the guy out or just go through insurance. I'm just replying OP what I would do in this situation.

        • Fair enough. I'm just providing a counter perspective to what a nice guy is. Both valid.

      • I think it's perfectly fine to ask if the OP is comfortable doing it, but only in the case of a single quote from the panel beater of the OP's choice and the panel beater is paid upfront. If the OP is not comfortable, that must be accepted without fuss.

        The monetary difference for the other driver could be considerable ($500-1000). I know from recent experience that the private quote for my repair was $1500 but the insurance quote was $2500. Sure, it's the other driver's fault so they have to accept the OP's decision but if it's only a minor inconvenience for the OP, there's no harm asking. I've done this favour for one driver, and I've refused for another.

  • +7

    The problem is that there could be non visible damage.

    Have you got insurance ? If so use it. Not your problem if he pays cash or through insurance.

    If you don’t have insurance good luck. Those that don’t want to use it are usually don’t have it

    • +3

      This is so true. It can look like a little mark on your bumper, but under that bumper the steel can be bent and twisted. Go straight to your insurer and put in a claim. They will sort the rest.

      • +1

        Which is precisely why any opportunity NOT to go through insurance is a good one.

        I would take it to a panel beater of my choosing, get them to quote and have a proper opinion of the damage (remove bumper cover to allow a full inspection first) and then with all the facts and figures, give Mr Bang Bang the chance to pay up or go through insurance.

        It is actually better to do this even if you pay a little of the cost (IF this means you know it will be done right) as insurance repairs are by definition as fast and dodgy as they can get away with these days. Most people get a mixture of failures; paint that fries up, seams and hidden parts unpainted or poorly repaired, filler, poor adjustments, rust and all sorts of future problems, parts re-fashioned back to shape (where they are not visible), TBH the list goes on and on.

        A cash solution that everyone can get done with a miniumum of fuss is golden IMO.

        • +3

          Insurance repairs have warranty. Better to go through insurance.

        • Sorry but what utter nonsense.

          Insurance repairs come with a lifetime warranty. I’d take the extra money for the cash Job and pay a little more for choice of repairer.

          If you go with a cheap insurer who operate their own assessment/repair Centers (I’m looking at you AAMI) then you are more likely to get a crap job.

        • @Quantumcat:

          My panel beater has a lifetime warranty on repairs and I wouldn't go to one that didn't.

        • @dazweeja: but then you have to go through the panel beater, they might not honour their warranty or brush you off. It is like saying it is fine to pay bank deposit to an online store because they have a policy of being 100% satisfied or your money back. Better to pay by PayPal and let them take care of returns due to goods being faulty or not arriving. Same better to go through insurance and let them deal with the panel beater if the repair isn't up to snuff.

        • +1

          @Quantumcat:

          I guess it's about trust. I think there are certain things that you can look to when determining if a business is worth your trust - you can talk to them, you can see if they take pride in their reputation, you can get recommendations from other people you trust, etc. I've never needed a third-party to step in for me on warranty issues when dealing with a company I've judged to be trustworthy. It's a completely different story if I'm dealing with Gearbest, Bangood, etc.

          The insurer's warranty might be a little bit of extra piece of mind for some but it doesn't come into my calculations. And I've heard of plenty of rush jobs that some insurers have delivered (AAMI, Bingle, and Just Car in particular) that I'm not convinced that that's necessarily always the best option either, especially if they don't let you choose your repairer. You might end up in a nightmare of chasing your insurance company to get the job done properly.

  • +6

    It's not uncommon for drivers to want to pay out of their own pocket to avoid going through insurance and sometimes it's not a bad thing. Some work out and some are just plain dodgey.

    You've got to be comfortable that the other driver will go through with what's been discussed. Set the expectation with the at-fault driver from the start. Go get some quotes as soon as possible and if the other driver refuses to answer your calls or starts questioning the amount because it seems "too high" etc, or he suggests you take your car to his "cousin's workshop" etc, then go straight to your insurer and lodge a claim.

    If you are not comfortable going through the above, then go to your insurer. That's what they're there for. You don't have to feel bad or anything.

    Myself personally, I would only take cash from the at-fault party to settle the damage bill so that I can choose an independent repairer myself. The other driver's cousin or mate might do a half-baked job and you'll end up in limbo on what to do about it.

    • This advice is spot on. No harm in trying, as even a not at fault claim could increase your future premiums. So it's a better outcome for all.

      Get the cash before the repairs are done, and at the first sign off delay by the other party lodge a claim.

  • +2

    I’ve done it before, but only on the condition it was done quickly.no mucking around or just go straight to insurance company.

  • +3

    I have been in this scenario before and it was a pain in the ass getting it fixed. The guy wanted three quotes so I foolishly agreed to goto 3 seperate smash repairers. They all wanted to charge me to give me a quote to repair my car. I was young and naive but I wouldn't do it again - If I was ever in this scenario again I would go straight to my insurer - I pay them lots of money every year for a reason.

  • +3

    Perfectly normal. Happened to me in my first car. $1500 damage to a $1000 Laser.

    • Did they charge you for headlight fluid?

  • +2

    Of course the at-fault part doesn't want it to go through insurance, they're trying to minimize any damage to themselves as a result of the accident. Personally, I wouldn't be feeling obliged to inconvenience myself for the sake of his / her future premiums and you have insurance for a reason.

  • +20

    If you have an old car and you don't mind the dink, get a quote ask him to pay to you directly. Choose not to repair and keep the money. That is how rental car company works.

    • +2

      This is the correct OzBargain response.

  • +2

    So they've inconvenienced you and are asking for an outcome that favours them!?

    Like the idea of keeping the cash.

  • +2

    Had a young red P plater rear end me while waiting at lights one day, he also asked me to not go through my insurance. I got all his details, got photos, got home, and called my insurance. That's what I pay them for. Plus I also have free rental car with a claim, if I did it out of insurance I would have to pay out of pocket for a rental car for a week.

  • +2

    A similar situation happened to me a few years ago, younger driver who was a P plater. The thing with insurance is that they will also guarantee the repairs on your car. You're best not to play Mr. Nice Guy when its an accident with your car, as it could (nay, will) come back to bite you in the back side in the future.

  • Like a few other comments above, I would consider it if they look like a nice guy, genuine, etc. Of course with my ass covered by having them pay before any work done, and paid in a very timely matter.

    In the end, if you were in their shoes you would hope the other party would be just as nice back to you.

  • +5

    Ozbargain, number one claims assist consultancy firm

  • Screw that, you pay for insurance for a reason; to avoid these sorts of bullshit headaches. You have no obligation to help this guy out, no matter how nice he seems; he hit you after all.

    • +2

      Agreed. No obligation. Just as there is no obligation for people (health professionals exempt) to provide help if someone injures themselves.

      It's just something you weigh up and see if you'd like to be the good guy and help the other guy make a bad situation better.

    • +4

      nobody in this world has any obligation to be nice. That doesn't mean that we should all be assholes.

      • They're probably the same ones who think Centerlink and the dole should be completely abolished.

  • +1

    Take some cash from the guy and put it in your pocket.

    • +5

      And then wait for a tail gaiter on the highway and slam on brake and repeat

      Just kidding, feel like doing this many times though

      • I have dings all over my car and i didn't do any of them. I really couldn't be bothered with this minor stuff in the city. It's STILL going to happen and seems ridiculous to waste all of this time on nothing.

        But i have a toy car for driving on weekends and it doesn't go in carparks.

    • I am with you. If I can live with that small damage, I would get a quote, take the money and pocket it.

  • -1

    if I can get this done offline

    Posting on ozb is definitely not offline.

  • +2

    What would you guys do in this situation?

    I'd of created a poll. Much easier to see what OzB think rather than reading all these comments.

  • What would you guys do in this situation?

    Bikies

  • It's fine. Just imagine if you were in his position, you would hope someone would help you out. Go get one or two quotes from which ever repair shop you like and then present him with the quotes. Tell him if you don't receive the money within a couple days then you will be going through insurance. I'm sure he will quickly pay. The same thing actually happened to me a couple years ago. The guy paid me, no dramas and then I got a nice new shiny bumper out of it. Win, win.

  • Cry me a river, he hit you his insurance premium is not your concern…

  • Its pretty obvious to everyone…
    if the damage is minimal and not worth fixing then get 3 quotes and grab the cash!

    • get 3 quotes

      There is no need to run around getting three quotes. Google a local smash repair with good reviews. Get one quote from them and provide it to the other party.

  • +2

    He ran into the back of you. He is in the wrong and needs to put things right. You do not owe him anything, even if he is a 'nice guy'.
    Go straight to your insurer and explain what he has offered. They will take care of it.

  • +1

    I'd go through insurance. Insurance provides you with a guarantee your car will be fixed and if something goes wrong with the repairs they will rectify it even if it's been a few years.

    If you just pay a panel shop you won't get anywhere near the same guarantee.

  • +2

    Same situation I was in.
    Slammed into the back of me on the freeway, their bumper fell off. I had minor markings on my bumper.
    P plater with $2.5k excess, was going to go through insurance but lady asked if I could get it done and she would pay, just ended up going to 3 repairers to get seperate quotes, sent them all to her. She transferred the money for the lowest quote, $800~, and I went and got it fixed! Easy done and no problems 3 years later!

    Definitely depends on the person, whether you feel they are trustworthy (in the small time you've been dealing with them) in my opinion

    • +1

      I did that once as a P Plater.
      Hit a stationary car in a uni car park. Left a note with my details.
      It was cheaper for me to pay her the cost of repairs so she got a few quotes, I transferred her the money, all done.

  • Last time someone crashed into me the panel beater I went to did everything for me. They contacted the other driver on my behave and all I needed to do was bring my car in. They also got me a courtesy car (but the excess on the courtesy car was expensive and it's up to you if you want one). I don't know how much they end up charging the guy but it was quite convenient for me.

  • +3

    ok.. finally decided to go through insurance. Guy agreed that would be the best choice for me since I dont have time at hand. Took to smash repairers and they said they would replace the bumper entirely since it cannot be repaired. Thanks for all your inputs!

    • Glad you got it resolved. Is there really no damage besides bumper bar. Sounds like a cheap and easy fix.
      I would be concerned whether there is any damage under the bumper bar. ie. If the bumper bar was hit hard enough, whatever is behind and whatever it is attached to, might have bent a bit. Make sure they do a 100% perfect job, since went through hassle of insurance.

    • Make sure there is no issue with boot alignment, I had a similar hit and my boot slightly misaligned , my mechanic fixed it for free and I didn't charge the other party. How much it costs to replace the bumper for your car?

  • The same thing happened to me a few years ago. It was a P plater who had just got his licence the day before. He called his dad who spoke to me and asked me to get it done privately as his son was not on his insurance and it would cost them a lot of money. My car was 3 days old and had less the 50KMs on it and I was very upset at the time and declined. I called the insurance and reported everything and got my car fixed through them. 3 years later I got a call from AAMI (my insurer) that they couldn't get anything from those guys as the owner of the car refused to acknowledge that his car had been in an accident with me. He denied he had loaned his car to someone. The Surname of the person whose licence I had supplied didn't match the owner's surname and AAMI could never get in touch with the person who had hit me or he had declined he was involved in an accident. I was told to always get a police report regardless of anyone getting hurt as people can just refuse to acknowledge they were in an accident and get their cars fixed ASAP. Luckily I was never asked to pay the excess but people can be really shifty.

    • +1

      Dashcam!

  • Am I the only one who read this title "Simone rear ended"… I thought, wow a Ladyboy story!!!

    Now, unless you are prepared for this to affect your insurance policy I'd get it fixed privately, especially if it's only minor! IMHO If you go through your insurance & are with the likes of insurers such as Coles, then God help you!

  • Just go through insurance, avoid the headache/risk and chasing him up.

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