Advice please - My Insurance Vs My Neighbour. I'm at Fault, Should I Help The Insurer? Images Attached

Hi everyone,

Need some advice please, what would yo do? I'll try and keep it as short as possible with relevant facts.

Situation:
In October 2017, there was a power outage in my neighborhood. My neighbor and I, left our cars in front of the garage door, back to back, approximately 3 - 5 meters apart. See this image with car units and car position. I'm the red, my neighbor is green.

Due to the fact that we never keep the cars there, I got inside my car, muscle memory kicked in and backed up into the parked car. I was paying attention not to hit a big rock that was on the passenger side. My speed was probably 2 - 3 km/h and moved no more than 5 meters. (Need to mention that my kids were with my wife and none of the neighbors have kids)

Neighbor saw the whole thing. I parked the car where it was before.

Damage to my car, nothing. not even a scratch.
Damage to her car, the driver side bumper was out by 2 - 3cm. I pushed the bumper back, gave her my insurance details in case she wanted to claim and that was it.

We are both insured with the same company.

2 months ago, neighbor comes, said that she's going to court because they couldn't agree on repair costs and that I will be getting some paperwork and to send it to my insurer. I said OK, no worries, and that was it. Neighbor confirmed this (didn't say the sum) and said that he repaired the car with a friend.

Insurer sent me an email explained that my neighbor decided to opt for an 3rd party repairer and not go with them and that they are claiming $9,200 damages.

1 month ago, I got the paperwork and got gobsmacked by the repair claims.

  • page 1
  • page 2
  • Total costs on page 2 + ~$380 for the assessment

I feel that my neighbor is trying to milk the insurance company as much as they can but doing so they are putting me in a bad light. In the documents, they claimed I was negligent because (8 points in total), including driving at excessive sped, creating emergency situation, etc.

My car: Kia Cerato 2005
Neighbour car: Honda Civic 2010

TLDR:

  • I rear ended my neighbor in our driveway
  • I didn't damage my car and her car's damage was extremely minor
  • Both insured with the same company, she decided to go to a friend and have the car assessed
  • She is asking for $9.200

My dilema
I feel like speaking with insurance again and providing them with a statement or similar and explain the circumstances again. I don't feel that this is right, although the insurer is one of the biggest in Australia.

Questions
What would you do?
What is the right thing to do?
It puts me in a bad light and I don't feel right about it.

The reason for not feeling good about it, is because, in court their lawyer is arguing that I created emergency situations, excessive speed, failed to steer clear of the plaintiff(she wasn't even there), etc.

P.S.
I don't care about my relationship with the neighbor, we've always been at the "hi" stage and nothing more really. Longest conversation: 10 minutes continuously, in 4 years.

closed Comments

  • +1

    Not your money once you handover to insurance.

    If they want to try it on that is their lookout. The insurance people will be even more sceptical than you.

  • what car do they own?

    • Thx. Forgot about that.

      My car: Kia Cerato 2005

      Neighbour car: Honda Civic 2010

      • +1

        idiot neighbour. $9200 lol. leave it to the insurer. they should be competent enough to deal with this rort.

  • Let your insurance deal with it

  • +2

    yeesh. houses are so close together

    • Yeah, getting crammed in here. No other option for now though.

  • Please don't rely on muscle memory - you should always look in case a kid is walking by!

    • -5

      No one has kids around here but me. They were both away from home with my wife.

      Sorry, I must rectify. My neighbor has a kid but he's around 25 - 30.

      • +1

        Such a pathetic answer… So you are saying you don't need to not use muscle memory and counter the above comment because no one has kids, and there is little possibility of hitting a child.

        But than revise your statement, with there is children but their away. What the f#$k ?

        • -1

          Mate, there are no children here but mine. At 25years old that's an adult not a child.

  • Just let your insurance company deal with it. Why would you have to deal with this when you got insurance? At most you just have to pay the excess.

    • I did. I complied with all my obligations. Hence the questions here :)

  • We are both insured with the same company.

    why are you wasting time asking when you've insurance?

  • +8

    $9200 to fix a 2010 Honda Civic?! I can smell a rat!

    Just let your insurance to deal with your neighbour…that's what insurance is for. Whether it's the same insurance company or not is irrelevant.

  • +3

    Did you told your insurer what really happened? I feel like if you let it go, your neighbours might also claimed CTP saying that they got injured too if you don t provide a clear statement of what happened. I was in some quite similar situation back in october 2015 and didn t think much of it. My husband told the other car to get a quote and to send it to our insurance. We paid the excess and let the insurance do their job. But, that was my mystakes. March 2016, i ve got totally surprise to learnt that the other parties claimed for injury to their bodies( neck, head and back) when i didn t even drive into it and just lose my feet from the brake (no one in the other car). I disputed the claim (thanks dashcam and statement from other neighbours). The person they sent to take statements took pictures of our alleys and cars. He could see that i totally assume what happened and paid my excess. And he told me that our insurer actually paid the guy more than 5000$ ( when both cars got no scratching or nothing apparent on the pictures that was saved on our computer). But because they were so greedy, i couldn t let it go and have to fight back the claim. Unfortunately, most insurance will pay without really check if the quote is genuine or not and it s the door open to abuse. Our insurance raised a lot after that.

    • Good point. This makes me feel a bit uneasy about the situation as they are claiming (in the paperwork from the lawyer) that I've placed them in danger and that I had excessive speed. Both untrue.

      Could possibly have repercussions down the track? mmmmm

  • +1

    (Need to mention that my kids were with my wife and none of the neighbors have kids)

    Wut

    What does that have to do with anything.

    Just give your insurance their details and leave it at that

    Unless of course you don’t have proper car insurance and only have CTP???

    • I needed to mention that as I didn't want this discussion to transform into kids/driveways/danger/etc … it's easy to drift away :)

  • Wow! 2010 honda civic average price of $10k, and spends $9k+ for repairs. Im sure that the neighbors vehicle is insured for that or less. I almost wish this would go onto Judge Judy!!

    Whether or not you were speeding or causing public nuisance has nothing to do with the situation, on private land, it would be up to the owners corporation to apply for the issuance of a fine for breach of by-law, AFTER warning letters have been ignored.

    OP, the insurer would have had your statements and your side of the story from the initial accident claim, if they needed anything else they will contact you. Unless you can provide new evidence, Id say, be passive with the progress. Answer and help where needed, normally the plaintiff is looking for an out of court settlement, but if you are asked to go to court, I personally would~ But that is just my position against insurance fraud, because these selfish, money hungry bottom feeders are just a plague to society and the reason why everyone's premiums increase each year.

    • Good answer. Thank you for this.

      I think you are right with the whole passiveness. Might just do that, but man I'm pissed off on the bottom feeders, in general. Low life :/

  • Were you ever invited to get your own quote on the repair? Did they give you prior warning that they were going to get their friend to do the repair? If the answer is no to either question I would tell the insurance company that you were not provided with the option to get your own assessor to quote for the repairs so tough bikkies.

    • Hi,

      Yes, they said at first that they will go to a friend to have it assessed and not go through insurance. They came back couple of days later saying that I should call the insurance as it will be more than my $650 excess, which I found strange for a minor thing.

      As for my own car, I didn't repair it as there is nothing to repair. Absolutely nothing. I've been under the car, looked for damage/scratch/etc. Nothing, not even a dint.

  • The two pages contains almost the complete list of all the parts required to build a brand new car!!

    I'd be very interested in how the repairer justifies this list and that total price!

    • Yeah, I found that strange as well. They included seatbelts as well, lol.

  • If what your saying about the accident is true, then the damage could never cost that much, so then the only explanation I can think of is the neighbour is in cahoots with the "repairer" and they are going to pocket/split the payout. Ie an insurance scam.

    You could probably just leave it and hope the insurer realises this and deals with them, but I suppose if you wanted to perform some civic duty, you could give your insurer the detailed information of the accident (if you haven't already) and let them know your suspicions.

    The only thing that would bug me was if they did get the payout, which ultimately increases premiums for all of us…

    • Well, last time I spoke with the insurer, they said the claim was ridiculous and they are not paying that much. That's why they are taking the matter to court.

      I gave them an accurate detail of information at the time, but since the incident no one contacted me for more information.

      I absolutely believe it is an insurance scam and I'm pissed off that such things will increase premium for all of us.

      • Oh, I forgot about the court bit…that would mean the neighbour is getting scammed by the repairer then? I don't see why they would go to court otherwise.

  • +1

    Rescind all knowledge of the accident. Get them to submit proof that you hit them.

    As soon as they do, they will also have to prove the circumstances of said accident, which should prove the damages they're claiming is nonsense.

    Wins all around.

    • Rescind all knowledge of the accident.

      The other party already have op’s particulars. The only plausible explanation is that op provided them with it.

      • They're neighbours.

        Or that there was a separate incident that was resolved privately.

        Surely can't be that hard to make something up.

        • They're neighbours.

          How would op’s neighbour know op’s driver licence number and the name of registered operator of vehicle?

        • Surely can't be that hard to make something up.

          Why should op lie and make up something when it’s much easier for op to contact their insurer, tell the truth and let them handle this claim.

        • @whooah1979:
          Q: How would op’s neighbour know op’s driver licence number and the name of registered operator of vehicle?

          A: Or that there was a separate incident that was resolved privately.

          Q: Why should op lie and make up something when it’s much easier for op to contact their insurer, tell the truth and let them handle this claim.

          A: Because it would be fun to see the neighbour go through the trouble of proving it.

        • Thx for the conspiracy theory :)

  • Just let the insurance company deal with it. Your neighbour is far too greedy. Doesn't your neighbour need the insurer's approval of the quote before carrying out the repair though?

    • I believe so.

      I'm not even sure they repaired the car. Why? Because there was no sign of damage apart from the bumper which was placed back in its spot straight away.

      I believe they are trying to milk the insurer.

      • +1

        Sometimes the internal damage is more severe than it looks, especially if examined by trained eye. Anyone who got hit has the right to have the property checked. Though their quote seems dodgy and excessive.

    • They don't need the insurer's approval.

      However the insurer can just turn around and not pay up. Like I said above, they'll need proof. I wonder why no pictures of the accident was taken, no matter how slight the damage is.

      • Well, because I was late with the kids at the swimming lesson and didn't think too much about it at the time. Much more of the fact that they seemed "good" people and no damage to the car.

      • Don't get hung up on photos. They don't account for much.

  • Don't sign whatever they send for you to sign.
    I'd call the insurer and atate you are very surprised with the amount, hopefully they'll send an assessor.

  • OP has requested the thread to be closed.

Login or Join to leave a comment