What should happen?
Party 1 is my aunt.
Party 2 is some international student.
I believe my Aunt still pays for their repair?
Vehicle Accident: Party 1 in the Wrong, Party 2 No Insurance
capslock janitor on 25/09/2019 - 13:20
Comments
Does Party 1 (aunt) have insurance? if yes contact the insurance company - her insurance company should sort it out and cover her expenses if she was in the wrong
Yes aunt - has Comp insurance, and have opened claim #
Case closed.
OP’s aunt was in the wrong. Why are you putting this on the international student?
OP,
Your aunt has to pay. Why wouldn’t she have to?No problem, just curious on another thing - uncle is Sole driver, with aunt's name as Additional.
Uncle has made a claim in past 4 years - does it matter, or makes a differnce if Aunt is claiming now? Or should we claim under uncle?You have to state honestly which person was driving. It is fraudulent to claim that uncle was driving if it was really aunt. If caught out (which could easily happen if the other driver talks to your insurance company), the insurance company won't pay anything. The number of claims made by all listed drivers can affect the cost of future premiums.
Aunt calls insurance and states she was driving and had a prang.
Because it is a problem.
Let alone the demerit points they rack up and skip town never paying the fines in full.
What demerit points? International students can drive on an international licence and don't rack up demerit points, or has that changed?
Either way, how does whether they pay fines or not personally affect you?
Party 1 has to pay. Either directly or via her insurer.
Party 2 should contact Party 1's insurer
Party 1's insurer
If insured ;)
You're becoming quite the cynic, Spack!
We have notified the insurer and opened a claim.
party 2 at the total mercy of party 1
if party 1 doesn't make a claim, party 2 can only go down the legal road for civil proceedings
if party 1 has only third party. then only party 2 car will get fixed. I would see what the damages are and the cost lower than the excess and premium increase.. might as well pay party 2 directly and sign a waiver,
if party 1 has comprehensive same as before but if the cost of both cars exceed the repair costs then.. claim on the insurance,
Thanks for the detailed scenarios!
They have contacted Insurance.
why wouldn't she pay for their repay, if she is at fault?
I believe my Aunt still pays for their repair?
Im surprised this is even a question.
There's no stupid questions
" I just accidentally sneezed on someone's face, do I need to apologise?"
Stupid question or not? Depends on how old you are.
Because the other party is at the mercy of the Aunt. They will have to chase the Aunt's insurer , if they have the details and , perhaps more importantly, knows their rights and how things work in Australia, which is not always the case.
Since the Aunt is at fault, in what universe would the not-at-fault person be responsible for paying damages?
Being an international student or not doesn't matter. If you have wronged someone, you make it right, to question this moral obligation and responsibility baffles me.
If Party two can’t be bothered to get a repair and the damage is minor for both vehicles then no claim may be necessary.
If Party 2 wants restitution and the damage is minor, a cash settlement is possible which may mean less cost overall (no future insurance hike). Repair of party one is at discretion.
Otherwise, for serious damage just claim.
Obviously someone in the family has suggested they may get out of repairs as other driver was international student.
Nope they were wondering because it's illegal to have no insurance at least CTP
CTP is virtually ‘no insurance’ it’s just a big bucket of money the govt collects and dishes out if you are injured in a car crash. It does not cover anything else, not cars, not fences, not bicycles, not trees etc.
everyone has ctp you can't get rego without it, and its not illegal to have no third party or comp insurance, just stupid.
Years of underwriting insurance, Party 1 pays, the insurance company true to form will take your Aunt's excess repair her car, and probably negotiate (RIP Off, party 2)
Yes aunt - has Comp insurance, and have opened claim #
thread should be closed.
How do I close it..?
Maybe international student will learn that insurance really is not optional…
Not in this case it seems.
And it is optional for every single person in this country - what happens from there however….
Another stupid question. Had the aunt not made a claim. Could the international student have contacted every insurer to make a claim? Or can it only be initiated by the policy holder?
Good stupid question
The insurance works for the policy holder and acts on their behalf if requested. If the policy holder doesn't want to make a claim or pay the excess, they can't force them to.
no. only the policy holder can make a claim. If the aunt chose not to make a claim, the other party can only make a claim against the aunt.
Unless of course, if the student has a comprehensive insurance cover, in which case his/her insurance will fix their damage and pursue the other party, be it their insurance or them personally
Party 1 makes a claim through her insurance company who will sort everything out. Party 1 will need to pay an excess if at fault.