Car Accident - Other Driver at Fault (I Don't Have Comprehensive Insurance)

thanatos350 on 08/06/2019 - 12:31
Last edited 08/06/2019 - 12:38 by 1 other user

Hi,

First accident and I am a little confused.

I was in an accident the other day where I was rear ended.

I only have third party coverage, as my car isn't really worth comprehensive.

I contacted my insurer, however, they have advised me that they are unable to assist, stating I am required to contact the other driver's insurance company to proceed.

This runs contrary to everything I have been told by others and defies advice from articles I have read online.

Can anyone help with this? I have been in contact with overseas 3 call centre operators, who don't really seem to know what they are talking about (I'm not knocking them - I can tell they are just working directly from scripts or guidelines that have been provided to them).

Automotive Car Insurance Insurance

Comments

  • Quantumcat on 08/06/2019 - 12:40
    +2

    MS Paint diagram please. Just kidding

    If you only have third party then your insurance isn't going to help you - third party will only help you if you damage someone else's car or property and they are demanding money from you.

    You'll have to write a letter of demand to the other party and then they can have their insurance settle it. Someone will be along shortly to give better details about what you need to do.

  • Ughhh on 08/06/2019 - 12:47
    +4

    This runs contrary to everything I have been told by others and defies advice from articles I have read online.

    What were you told about the difference between Third Party and Comprehensive?

  • mbck on 08/06/2019 - 13:00

    Letter of demand then wait for response.

    No response, go tribunal to claim.

    Response, fix car.

    Hotel? …..

    • Jonski on 08/06/2019 - 14:39
      +7

      trivago

  • thatonethere on 08/06/2019 - 13:01
    +3

    Hopefully you have their name, phone and address plus pictures.

    Get a quote or two for repairs. Assess any other costs e.g. hire car and taxis.

    Write a letter of demand. Make sure it looks ok and looks like you mean business (concise and professional language). Samples are here http://www.lawaccess.nsw.gov.au/Pages/representing/debt/maki…

    At this point they should refer you you their insurance provider. If not you will have to do the legal action yourself.

  • Seraphin7 on 08/06/2019 - 13:48
    +3

    Your insurer is correct. You have not purchased insurance that is of ANY assistance to you regarding your own vehicle. You will need to negotiate directly with the other party/their insurer.

  • vinni9284 on 08/06/2019 - 14:25

    Have you read your Insurance PDS as it may disclose what your rights/responsibilities are.

  • JimmyF on 08/06/2019 - 14:33
    +1

    This runs contrary to everything I have been told by others and defies advice from articles I have read online.

    not at all. Are you sure it was 3rd party you had been reading about? Share the links.

    If you have Full comprehensive insurance, they will chase them up etc,

    I am required to contact the other driver's insurance company to proceed.

    You got the other drivers details? Call them as ask.

  • nfr on 08/06/2019 - 15:28
    +4

    This is actually why I have comprehensive cover.

    • kerfuffle on 08/06/2019 - 19:43
      +1

      As someone who's been hit four times in the seven years I've had my current car, this

      • mikey13b on 09/06/2019 - 07:15

        What type of car do you have, and what colour is it?

        • kerfuffle on 09/06/2019 - 07:37

          Red Corolla sedan. Three of the four were rear ends …

          • Ughhh on 09/06/2019 - 11:01

            @kerfuffle: Did the rear end occur at Red/amber lights? Being tailgated?

            • kerfuffle on 09/06/2019 - 11:05

              @Ughhh: One yes, two no. The other two occured at the roundabout in the wet when slowing down and when the at fault changed lanes and drove into my stationery car while in traffic.

              The fourth one was a failure to give way at a intersection. Even my smash repairer (who did all four repair jobs) said I should get a new car …

      • Euphemistic on 09/06/2019 - 08:25
        +1

        Crikey. I’ve been driving since last century, thousands of kms and have been hit once, and hit another car twice in my early years of driving. Most people I know have only had a couple of incidents in 20yrs+ driving. What are you doing wrong to be hit 4 times in 7 years?

        • kerfuffle on 09/06/2019 - 08:28

          Driving, apparently. That's just my current car; I've had one not-at-fault on my old car but at least that was an old car …

        • [Deactivated] on 21/06/2019 - 13:58

          You've been driving for a century? Probably time to give it up in that case? (116+ years old?)

          • Euphemistic on 21/06/2019 - 17:09

            @[Deactivated]: Since last century, not for a century. Would it be better if I said since the 90s?

  • crentist on 08/06/2019 - 15:37

    Get the other driver to lodge with their insurance, then things can go smoothly.

    This happened to me recently, and I just knocked on the other persons door and spoke to them (about 30 mins after the accident, in front of their house).
    They gave me their claim details, I spoke to their insurance, and got hooked up with a mechanic.

    If you can't find the other driver, or they don't want to cooperate, hmmmmmmm

  • pistachio1 on 08/06/2019 - 16:03

    Well, what company are you with? I have third party property damage thru AAMI and that policy will cover MY car for up to $5,000 in repairs ONLY if the at-fault party is uninsured. If the at-fault party, the other person not me, is insured then they won't fix my car at all. Does your third party policy have this?

    • Baysew on 08/06/2019 - 16:16

      I contacted my insurer, however, they have advised me that they are unable to assist, stating I am required to contact the other driver's insurance company to proceed.

  • [Deactivated] on 08/06/2019 - 16:07
    -1

    This runs contrary to everything I have been told by others and defies advice from articles I have read online.

    You need to listen/read the details.

  • chumlee on 08/06/2019 - 16:52

    Read your PDS

  • Godric on 08/06/2019 - 17:29
    -1

    Sometimes Third Party insurance policies offer up-to a certain amount for Uninsured Motorist incidents.

    • Euphemistic on 08/06/2019 - 19:24

      Which this isn’t.

  • WhiskeyTangoFoxtrot on 08/06/2019 - 17:47
    +2

    This happened to me. I have just 3rd party, I was hit by a uninsured motorist, called nrma and they said they couldn't help me-(profanity). Somewhere I found on my policy they cover up to $5000 damages for uninsured motorist. Made a claim, took it to nrma approved shop and car fixed. that was the tl;dr

    long story is I parked in Chatswood parking garage, came back to my car and saw a note. it said someone hit your car and drove off and gave a description of car and the time. I went to the parking garage attendants and asked if they could look for this car leaving this time. They found it, gave me the rego, I took it to the chatswood police the next day, they called the car owner who admitted hitting the car and driving off. I was kinda pissed they did a hit and run and weren't in trouble.

  • HeWhoKnows on 09/06/2019 - 08:13
    -1

    Your $2 insurnace company has replied already.
    Waste of time asking the same question here.

    And dont expect the other driver to agree they are at fault.

    Though very hard for them to claim you are at fault with a rear-ender but they will likely invent something.

    They will claim that YOU are at fault and you will find a claim coming your way very soon.

    Thats when you contact your insurnace company to defend thier claim.

    Anyway as others here have said get quotes and send a letter of demand or get a claim number from them.

    GOOD LUCK

  • smartazz104 on 09/06/2019 - 10:19

    This runs contrary to everything I have been told by others and defies advice from articles I have read online.

    Every article you’ve read and everything you’ve been told was referring to comprehensive insurance. Third party only covers damage you yourself have caused to other property. Seeing as your car isn’t “really worth comprehensively”, why are you now running around trying to get it repaired? Surely all the money you’ve saved by not having comprehensive cover will now come in handy.

    • 82norm on 09/06/2019 - 19:24
      +2

      Just because he doesn’t have comprehensive insurance doesn’t imply his not entitled to chase down the culprit and have him/her pay for the damage ,either personally or through their insurance company. Who knows, if it all goes successfully, he may end up with a car in better cosmetic condition and it may well be worth getting comprehensive insurance.

  • boxtrot19 on 09/06/2019 - 13:55
    +1

    Hi
    It is clearly the other drivers fault, since he ran into the rear of your car. This is irrefutable, regardless of his reasoning, if any - if he rear ended you, then he was travelling too close to safely stop in time without hitting you. It's his error totally.
    However yes, details should have been exchanged, and ideally a witness would help.
    In fact, I do have Comp Insurance, but hit twice on 3 months now by careless others, neither of which left me a note, (how surprising!) explaining how sorry they were, with their contact info etc.
    The company (mine) WILL pay, but I needed to pay the excess, $500 in my case. As the 1st repair was $2500, it was worth paying that excess (although far better that it had never happened, obviously).
    The 2nd time, the repair $900, and then, not really worth throwing $500 at it again, and I chose to live with the minor damage.
    I agree, it does beg the question of comp vs 3rd party, for us safe drivers- especially when we so often aren't nearly so fully covered as we believe ourselves to be. For me with a $5000 car, next year I will almost certainly switch to 3rd party.
    Sorry for your incident, and wish you the best 're the outcome.

  • JCRALLYART on 20/06/2019 - 11:05

    For 3rd party insurance, your insurance company won't chase things up for you, if you believe the other party is at fault, then you will have to claim that party's insurance company and provide all information required and see whether the other party dispute it or not.

  • hrayn3 on 16/11/2022 - 13:38

    Thanks everyone! Like someone suggested, a better question would have been: what will happen if the other party is not insured because the car is in their parents name, they're at fault, and I have 3rd party insurance only?

    Sounds like:
    - My insurer won't help me (due to not having comprehensive)
    - I need to contact their insurer with a claim + all details I have
    - One thing I'm still unsure of: I should be able to recover the cost of my car from the other party whether or not they're insured/parent insured/car insured - ideally via their insurer, but otherwise through court?

    p.s. There will be no fraud on my behalf whatsoever

    • hrayn3 on 16/11/2022 - 13:38

      Wrong thread, my bad

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