Car Rear Ended and Other Driver Is Uninsured

Ash-Say on 25/08/2018 - 18:33
Last edited 26/08/2018 - 09:34 by 1 other user

My car got rear ended today and the other driver didn't have insurance. The rear bumper is badly damaged.

I have lodged claim with my insurer (Woolworths) but would I pay any excess if other party don't have insurance? Also will my premium go up next year though I wasn't at fault?

Here is MS paint drawing which I hope will give some idea.

https://files.ozbargain.com.au/upload/82858/61590/drawing.jp…

Here is a brief summary of series of events:
1) I turned right from Great Western Highway into Pages Road.
2)There was a queue to cross roundabout at intersection of Pages Road and Putland Street.
3) The car in front of me braked abruptly. I was maintaining safe distance so I was able to stop without hitting it.
4) The car behind me was probably not maintaining safe distance and hit me. Luckily this impact didn't push my car into front of me.
5) We immediately stopped cars on side of the road and exchanged details where the other driver also mentioned that he doesn't have any insurance.
6) His visual car damage appears to be more than me however in addition to rear bumper damage on my car, it has started behaving funny for e.g. it is slightly shaking on and off and I could rattling noise from rear wheels.

Damage on my car
https://files.ozbargain.com.au/upload/82858/61594/ford.jpg

Damage on other car
https://files.ozbargain.com.au/upload/82858/61595/other_driv…

Automotive

Comments

  • bobbified on 25/08/2018 - 18:50
    +2

    I have lodged claim with my insurer (Woolworths) but would I pay any excess if other party don't have insurance?

    Why didn't you ask when you lodged your claim?

    You wouldn't have to pay the excess if you can provide identification information for the other car/driver.

    Some insurers may ask you to pay the excess at the time of a claim upfront and refund afterwards (most big companies won't). If they didn't ask you to pay at the time you lodged the claim, they probably won't ask you to pay - unless they find you at fault later.

    • Ash-Say on 25/08/2018 - 18:53

      Claim was lodged online and no payment was asked.

  • spackbace on 25/08/2018 - 18:54
    +13

    You have their details, they're at fault… You won't pay

  • kahn on 25/08/2018 - 19:37
    +18

    I'd be glad to help if you could illustrate how the incident happened. I believe MS Paint is the method preferred by insurance companies.

  • Godric on 25/08/2018 - 19:47
    +4

    MS Paint diagram please

    • kerfuffle on 25/08/2018 - 20:09
      +10

      How is this picture relevant? I don’t see the rear end of your Territory with any damage, only the side and some dude standing in front of a Forrester …

    • Godric on 25/08/2018 - 20:15
      +5

      Please you must create a sketch using MS paint, that picture is not helpful

    • SnoozeAndLose on 25/08/2018 - 21:57

      After the cash you just took this picture?

      • Ash-Say on 26/08/2018 - 04:44

        I also took video showing location of both cars and extent of damage.

        What else was I supposed to take?

        • kerfuffle on 26/08/2018 - 06:37
          +5

          A photo of the actual bumper damage, a photo of the other car's damage including number plate …

        • Ash-Say on 26/08/2018 - 09:35

          @kerfuffle:

          I am not sure why would you need number plate of other car but here are pictures of damage.

          Damage on my car
          https://files.ozbargain.com.au/upload/82858/61594/ford.jpg

          Damage on other car which is visually far more than mine.
          https://files.ozbargain.com.au/upload/82858/61595/other_driv…

        • kerfuffle on 26/08/2018 - 09:41

          @Tipu: The insurance company may require the number plate in case they are also insured by the same company as yours (which they aren't).

          As someone who's had three not-at-fault accidents, I always make sure to take a photo of the number plate of the at-fault vehicle

        • Ash-Say on 26/08/2018 - 09:42

          @kerfuffle: I do have both pictures and video showing number plate of other car.

        • kerfuffle on 26/08/2018 - 09:45

          @Tipu: Then why did you ask why the number plate is required? :/ I don't need it. Your insurance company does.

        • Ash-Say on 26/08/2018 - 09:47
          +1

          @kerfuffle: I misinterpreted your question. I thought you were asking for number plate.

          Never mind!

        • kahn on 26/08/2018 - 12:09

          @Tipu:
          It looks like that guy has had a few too many Connoisseur ice creams. Maybe he was scooping some out while driving and crashed into you.

  • MrFrugalSpend on 25/08/2018 - 21:42
    +2

    I can't believe there are still fools out there driving around without third party vehicle insurance! People sometimes think third party injury will cover them but it doesn't, they could easily run into a $150,000 AMG Mercedes then they are instantly bankrupt. Its not even that expensive compared to some other insurances.

    (In fact, I know someone who was in a 5 car pile up and one of the cars went through a fence into a house…. Luckily they had insurance as the bill would have been 6 figures).

    You should be fine, provided it is obvious / admitted the other driver was at fault.

    • [Deactivated] on 26/08/2018 - 10:32
      +1

      Some people can't afford third party even. You might then say then don't drive !

      • whooah1979 on 26/08/2018 - 11:02

        many motorist make the selfish choice of driving without insurance. they would rather spend their money on grog, cigarettes, smartphones, big screen tv, etc, than something sensible as third party insurance.

      • Godric on 26/08/2018 - 11:25
        +2

        People would say then don't cry on Ozb when you have an at fault accident while driving with no insurance

      • HighAndDry on 27/08/2018 - 11:47

        You might then say then don't drive !

        Yes, that's exactly what I'd say. Driving without 3rd party insurance, especially if you can't afford it, is a good way to end up in life-long debt (if you weren't already) or bankrupt.

        • CMH on 28/08/2018 - 13:06

          The problem lies in the fact there are people out there who DO NOT CARE about being bankrupt. IE lifelong Centrelink recipient.

          These sorts don't care about having debt they cannot manage, and in a very broad general sense do not really give a crap about civic responsibility.

        • HighAndDry on 28/08/2018 - 13:09

          @CMH: Oh yeah definitely, and I'd tell them not to drive too.

        • CMH on 28/08/2018 - 13:12

          @HighAndDry:

          Lack of civic responsibility means they don't give a crap about others. Tell them not to reproduce and they'll have 10 kids just to piss you off.

  • LordSydney on 26/08/2018 - 11:54

    Why would you have to pay for someone else’s damage to your vehicle if they were at fault? Technically, since they rear ended you - they’re at fault - regardless of whether you stopped too suddenly. “Follow too close”

    As I understand it, if you can prove that the idiot (yes, indeed they are - if they can’t afford insurance they shouldn’t be on the road) was responsible for this damage - even better - has an admission of guilt - if they don’t have insurance - your insurance company will pay for all your repairs and then have the responsibility of getting that money off them after the fact.

    That’s what you pay insurance for. It really is as simple as that. Read the PDS.

  • Masterpupil on 26/08/2018 - 15:14
    +1

    It's worth having full comprehensive insurance just for this (relatively common) scenario. Lodge claim with insurance company and they do all the running around.

  • FimpBARGAIN on 26/08/2018 - 21:34
    +1

    Just some quick comments,
    I've been involved in this sort of thing a few times, document everything and stay on top of the other party.
    Don't let them think they have gotten away with it, I once had to get solicitors involved and ended up getting paid $14 a fortnight for about 7yrs off someone who left me unconcious on the road and my motorcycle in pieces 😡
    Also make sure your repairer checks the rear subframe of your territory, the welds are prone to cracking and it is not a cheap repair. You might want to stop driving your car until a professional checks it out

    Good luck, hopefully this all goes smoothly for you
    I am a firm believer that 3rd party property insurance should be like CTP, if you can't afford it then don't own a car/bike!

  • Ash-Say on 16/10/2018 - 18:04

    I received car from smash repair last week. I hope someone could also assist me with following enquiry.

    For this car, I am main driver but the insurance policy is under my partner name. The claim was lodged under my name as I was driving this car at time of accident. When we are renewing insurance from another company, I will put 1 claim under name however do I also need to list same claim under my partner name or will it be zero for partner?

    • John Kimble on 21/10/2018 - 15:18

      Zero

      • Ash-Say on 21/10/2018 - 15:30

        I spoke with Insurer and they said claim is always under policy holder irrespective of who was driving.

        I am confused now based on your response.

        • John Kimble on 21/10/2018 - 15:42

          So you should probably go with the insurer response and not some random on the internet…but usually it asks how many (at fault) claims each nominated driver has made in tbe last 3 or 5 years (can't remember).

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