Hey everyone,
Someone hit my dad's car in a car park. There was a witness who provided the other party's vehicle details. We have contacted the other party (via the police who were helpful in providing their contact details) but they are claiming that it was not them.
Unfortunately, my dad only has third party insurance so his car isn't covered. The damage is minor and we've been quoted $600 to fix it. Is there anything we can do? Any advice would be greatly appreciated.
It may be worth contacting your Dad's third party insurance company and having a word with them.
Some of them cover damage to your car caused by an at fault driver for up to $5,000.
You also have a 3rd party independent witness which it doesn't hurt to have if you decide to take any legal action.
Some of them cover damage to your car caused by an at fault driver for up to $5,000.
Unfortunately, when no one is admitting fault, it may as well have been a car vs tree collision.
To take legal action, it may end up costing much more in time off for the $600.
I have contacted them, however, the other party isn't admitting fault so not much my insurance can do :(
How reliable is your eye witness? Could they have given you the wrong info ?
You have a witness, so you have an advantage.
You will need to send the other party a letter of demand for the costs of the repair. If they ignore the letter of demand, or refuse it, you will need to take legal action.
This is one reason why people take out insurance, so they don't have to do this work themselves.
Thanks. I'll send a letter of demand. My dad's car is worth about $5,000 so we figured it wasn't worth comprehensive insurance.
We're going to need a paint diagram to full understand this scenario.
check if there's CCTV footage too
To add although probably too late; but next time check if other cars have a dashcam. Leave a note asking for a copy. Dashcam owners love seeking justice.
Send them a letter of demand. In that letter of demand include
date and time it was hit
The fact you have a witness
The cost to repair.
You’ll take them to court if necessary.
Of course they’d deny it.
Thanks. I'll send a letter of demand and see what happens.
Say you have evidence. If you only say witness basis, they will think your case hinges on a witness.
via the police who were helpful in providing their contact details
Are they allowed to do that? It's very concerning if the police can hand over someone's contact details (address?) willy-nilly like that.
The officer didn't provide a contact number but explained that "As per the Road Safety Act 1986 section 61, a driver who is involved in a collision is obligated to provide name, address and registration. This is all your insurance company should need."
It is correct that it is an offence to leave the scene of a vehicle accident . The police can charge you with the following offences:
But are they actually allowed to share the other party's private details with you? Isn't that a breach of privacy and confidentiality?
Are they allowed to do that?
The police have given me the owner's name and address the two times that something similar has happened to me.
On the other hand, other posters here have claimed that police have refused to give them details.
Maybe it depends on the way you ask :-)
So what you're saying is that anyone can note my number plate, walk into a police station, and if they ask politely enough, can find out my name and my address? As someone who's had to deal with a few stalkers , that is very concerning.
I'm not sure I said exactly that, but my personal experience (and that of the OP in this thread) is that if your car caused damage to my car and you didn't leave any details, then I could and would go to a police station and explain the problem, and they'd give me the owner's name and address.
@[Deactivated]: I clearly remember the last time it happened, and yes, they did check the damage to my car. The previous time, I don't think they did.
I believe he took a statement from the witness as well as checked the other car for damage before providing me with their details.
I'd go back to the police and tell them the other party denies it despite your witness, see if the police will contact them.
There are a number of repairers who can help you with this. They engage third-party collectors to hassle the other party.
Check that your policy doesn't have uninsured driver protection though - I've used this before. I'm not sure how it works if the other party DOES have insurance, but one could argue that the only way that you could prove that the other driver is insured is by the lodgement and acceptance of a claim. Their word shouldn't be sufficient - even if they are insured, there's no guarantee the claim will be accepted until it's lodged.
For what it's worth, I had an exceptionally good experience with a sub-$5k uninsured driver repair with Progressive with 3rd-party only on my vehicle, $0 out of pocket.
Was there any paint transfer? Can you bluff them and mention this in your letter of demand?
https://www.legalaid.vic.gov.au