How to Pursue at Fault Party Insurance When NRMA Deemed My Car a Write off and Keep My 11mth Comprehensive Premium?

LEswn1234 on 24/11/2019 - 08:10
Last edited 25/11/2019 - 12:26 by 1 other user

Hey everyone

Just looking for some advice.

So I have been in an accident where my car has been written off by NRMA for "economical reason - more the fix the car than its agreed value" (I have both my comprehensive and CTP insurance with them, if it makes any difference). I have been deemed not at fault for the accident, so they are paying the agreed value to me. But they are keeping my premium which I only paid less than a month ago (over $600 for 12 months). So they told me that it's in the policy, I checked and it is, but I feel like that’s a dick move for them to hold the premium when I’m NOT at fault. Because I am more out of pocket than if I don’t have any comprehensive insurance, since I should be able to claim from the other insurance company anyway, I have all the details of the at fault driver - rego, name, address.

I was wondering whether I could not proceed with the claim through NRMA and claim through the other party insurance (taxi) and cancel my policy with NRMA after and get my premium refunded!

Questions to you guys
1. Is it even possible to do what i suggested above?
2. How difficult would it be to process the claim on my own if NRMA doesn't help me to claim
3 if anyone can tell me the steps to claim without going through NRMA

I have been with them for 19 years, and this is the only major accident ever! I’m really disappointed with them!

Any idea is appreciated!
Many thanks

Clarification:
I was never asking for advise to get the premium back after I get the payout, since it is in the policy (it was just dumb of me not fully understanding that it means). I have stated IT IS in the policy, I said I feel like its a dick move, but I never claim that I didn't sign the policy. What I was asking is if there's anything else I could do.

UPDATE! For those that are interested as to what is possible for their future reference

So I got in touch with NRMA, so it is possible to pause the claim even though I have called. So it is not true that the simple fact of calling NRMA making me "agree" to the settlement. You still have choice to decide whether you want to pursue it yourself with the at fault party. It may or may not worth your time and effort, but that is for you to decide.

Furthermore, NRMA lady said that they can hold the claim for me to seek compensation from the at fault driver or their insurance. But I can only claim from their insurance if they have also lodge a claim to their insurance. And it is more than OK for me to go back to them if I can't contact the at fault driver. They will then settle the claim as they would previously.

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Comments

  • Meeb on 24/11/2019 - 08:11

    Never heard of this N*MA or N.MA? Are you talking about NRMA? Not sure why the censorship…. ???

    • Eswn1234 on 24/11/2019 - 08:13

      Yeh it's NRMA. I wasn't sure if I'm allow to mention names.should I change it?

      • Meeb on 24/11/2019 - 08:15
        +2

        I'd imagine so. You should have no qualms about naming companies on the Internet, it's basic public information.

        • Eswn1234 on 24/11/2019 - 08:17

          Oh cool! I will change it. I thought it was just obvious enough that everyone would just know what I mean

          So Meeb, what do you think about this?

          • Meeb on 24/11/2019 - 08:25
            +2

            @Eswn1234: I think you would need to look into your policy product disclosure statement (PDS) to which you agreed when you paid your premium. There will be a clause in there regarding cancellation and claims.

            Typically however, even if you pay your insurance premiums monthly, you’ve still agreed to pay a year’s worth to your insurer under your contract. In the event of a total loss claim, the insurer will likely deduct from your payout any unpaid premiums outstanding between the time of the claim and the next policy anniversary (12 months from the time the policy was started or last renewed).

            So you're probably out of luck.

  • whooah1979 on 24/11/2019 - 08:27

    So they told me that it in the policy, I checked and it is,

    They're doing all the leg work for $50 a month. Do you think you could do better by yourself?

    • Eswn1234 on 24/11/2019 - 08:32

      Well, that's the reason I asked here. But I think they should have giving me to the options or knowledge to decide whether I want to claim with them or as you put it do the leg work myself.

      • Ughhh on 24/11/2019 - 09:20
        +2

        giving me to the options or knowledge to decide whether I want to claim with them or as you put it do the leg work myself

        But you had already decided, when you called them to make a claim.

        • Eswn1234 on 24/11/2019 - 10:17

          Yes, I have to agree I was ignorant in the matter. I guess I’m naive to think that NMRA would be on my side and act on my behalf or let me know the options I might have. They are just another big company to earn money…

          • Ughhh on 24/11/2019 - 10:34
            +1

            @Eswn1234: They're are a business, not a charity.

            act on my behalf or let me know the options I might have

            Have you had to speak to the at fault party or at fault party insurance?

            I was wondering whether I could not proceed with the claim through NRMA and claim through the other party insurance (taxi) and cancel my policy with NRMA after and get my premium refunded!

            Have you tried calling to cancel the Claim?

            • Eswn1234 on 24/11/2019 - 11:03

              @Ughhh: I haven't spoke to the at fault party since the accident. I will contact them later today. And get their insurance details and their claim number.

              I don't think my claim has actually been processed yet. The lady on the phone was very keen to process it as soon as possible. But when they told me, they are not refunding my premium when it's a totally loss. I said I would have to check my policy and told them call me back on Monday since they are not open on the weekend.

              • whooah1979 on 24/11/2019 - 11:13
                -1

                @Eswn1234:

                I will contact them later today.

                You know that they don’t have to talk to you now that a claim has been initiated.

                • Eswn1234 on 24/11/2019 - 11:23

                  @whooah1979: Don't you think so? Why did you ask the question then? I can only try my best. I made the wrong move at the beginning. I might get lucky, if not I have lost anything. It will take much more time to earn 600 than making a few calls.

                  Have you actually made a claim with the at fault insurance company? I would be really appreciate some information or advise as to what would actually work rather than just telling me it wont work… Or you are in the opinions of the other and just cop up cos NRMA is a big company and cos it's in the PDS

                  • whooah1979 on 24/11/2019 - 11:30
                    +1

                    @Eswn1234: We have comprehensive insurance for all of vehicles. We pay the premium so that we don’t have to talk to the other driver or their insurer. Many have tried and we always reply with “talk to our insurer”.

                    • Ughhh on 24/11/2019 - 12:10
                      -1

                      @whooah1979: You're talking in a non-at fault partys perspective. If you're not at fault, definitely go through your own insurance, but it'll be classified as a claim and you'll have to tick the 'made a claim in last X years' box when you buy insurance = $$.

                      If you're at fault and the damage is minor, you might be better off not going through insurance and paying cash outright for same reasons as above.

                    • Eswn1234 on 24/11/2019 - 12:29
                      +4

                      @whooah1979: Well technically, comprehensive insurance is not compulsory on all cars. And the premium is for the damage we done to others cars when we are at fault, or when we cant find the at fault party.

                      I understand if they keep the premium if I was at fault and they'd have to pay me out from their own money

                      In this case, I was NOT at fault. So I believe it's wrong for them to withheld the premium since they will be compensated from the at fault insurance and keep my car. And keeping the rest of the insurance when I have not car to insure just sounds unconscionable to me.

                      And it will probably take me over a week working part time to earn $600 after tax. So Im more than happy to try to get as money as I can

                      • whooah1979 on 24/11/2019 - 12:40

                        @Eswn1234: The premium pays for the service. Would you be happy if they issued a partial refunded like this?
                        https://www.ozbargain.com.au/node/498691#comment-8007211

                      • DangerNoodle on 24/11/2019 - 20:28
                        +1

                        @Eswn1234: Honestly I don't think you'll get the premium back. I found that out on my first not at fault claim and have just learned to go month by month instead.

                        Furthermore, if you go through their insurance company, they are not obligated to compensate you based on your agreed value. Your agreed value is in the contract between you and your insurer, not between you and their insurer. If you go through their insurer, it will be based on market value as they want to pay you as little money as possible to settle the claim. This may mean you will end up getting a lot less back compared to if you just accepted the loss of the $600 premium.

                        As an example, I currently have a 2007 Nissan Skyline sedan. My initial agreed value with my insurer has been $20000, and they have kept it at this value as I have continued to pay the premium based on this value. However, if someone wrote off my vehicle and we went through their insurer, they would probably try to pay me out based on the market value, which could be as low as $7000 (recent trade-in value estimate I received). In this case, I'm better off just going through my insurer.

                        • lgacb08 on 25/11/2019 - 05:53
                          +3

                          @DangerNoodle: Mate going by the month won't help you anyway became there's always a clause in the pds saying your remaining yearly fee will be immediately called when your car becomes a write-off. Insurer will take out this portion before paying you out so don't think you can get away with it

                          • brad1-8tsi on 27/11/2019 - 08:15
                            +1

                            @lgacb08:

                            going by the month won't help you anyway became there's always a clause in the pds saying your remaining yearly fee will be immediately called when your car becomes a write-off. Insurer will take out this portion before paying you out so don't think you can get away with it

                            This is exactly how it works for all policies that are on month to month.

              • Ughhh on 24/11/2019 - 12:04
                +2

                @Eswn1234:

                I haven't spoke to the at fault party since the accident. I will contact them later today. And get their insurance details and their claim number.

                If you haven't talked to the other party or to their insurance, that means your insurance has acted on your behalf and hence determined who was at fault.

                You can make a claim against the at fault party directly. If they have insurance and they're making a claim, they'll direct you to their insurance and you'll no longer talk to the driver. But keep in mind that you no longer have the same "power" as having your insurance. You'll have to do the chasing and there's a chance they might offer to pay you less or play games.

                Whether you can put a pause on the claim or not, you'll have to get a direct answer from NRMA.

          • HighAndDry on 24/11/2019 - 14:57
            +3

            @Eswn1234: They paid you for your loss. You pay the insurance premium so that they would insure you, which they've done. I'm at a loss as to what you think you're losing out on here.

            • [Deactivated] on 25/11/2019 - 14:46
              +1

              @HighAndDry: They shouldn't be paying for the loss, they should be pursuing the other insurance company for the loss, OP's insurance company shouldn't be out of pocket a cent, and neither should OP. Unless of course the OP's insurance company is also the at-fault parties insurance in which case they're trying to have it both ways.

              • HighAndDry on 25/11/2019 - 16:24

                @[Deactivated]: OP's insurance will pursue the other insurer, they won't be out a cent.

                OP isn't out any money either, he's only paying the insurance premiums he agreed to pay for the insurance policy that he's now using.

                Only in OP's head is he out any money.

                • [Deactivated] on 26/11/2019 - 23:57

                  @HighAndDry: OP will have to pay insurance on the replacement vehicle, which is an expenditure that wouldn't have been required had they retained usage of the previous vehicle.

              • brad1-8tsi on 27/11/2019 - 08:27

                @[Deactivated]:

                They shouldn't be paying for the loss, they should be pursuing the other insurance company for the loss, OP's insurance company shouldn't be out of pocket a cent,

                unless the system has changed dramatically since my last claim (many years back), insurers in Australia work on the "knock-for-knock" agreement and don't pursue each other for money.

                • [Deactivated] on 27/11/2019 - 18:55

                  @brad1-8tsi: Sure, that probably saves a bunch of effort, but in that case they're saving the money from what they'd have to pay out in at-fault accidents, so the cost of dealing with not at fault accidents should be built into their excesses for other customers for at-fault accidents.

                  Otherwise OP should just send an additional letter of demand to the at-fault party for the difference, they caused a loss, they're liable.

          • Vote for Pedro on 24/11/2019 - 17:50

            @Eswn1234: Odd viewpoint. I’ve been with them 20+ years where I’ve unfortunately had a few not at fault incidents. Each time they’ve fixed my car at their workshops with all convenience to me and I’ve had to do zero work to get it sorted other than provide usual details. They’ve been great.

            I have once helped a mate (mate had no insurance) chase up a not at fault (oddly enough with a taxi insurer) and they were ruthless. It was a rabbit hole of paperwork and phone calls and then the worst part was them trying to claim the vehicle wasn’t worth what the valuer said so they sent their own valuer. It was a cluster.

            This is why I’m happy paying my premium. Good luck.

  • Meho2026 on 24/11/2019 - 08:30
    +1

    Its too late, youve already submitted a claim, its been approved and processed.

    • Eswn1234 on 24/11/2019 - 08:33
      +1

      So I could have gone to the at fault driver insurance directly, and not gone through NRMA

      • Euphemistic on 24/11/2019 - 08:36
        +7

        Yes. But then you have the hassle of them stuffing you Around and trying to pay less than what you should get. You will get delayed etc.

        Just suck up the cost of the policy and be happy you get cash for your crashed car.

    • CVonC on 25/11/2019 - 00:41

      Its too late, youve already submitted a claim, its been approved and processed.

      In the cases where it's not a write off, you can still choose not go through with the claim though right? As in elect not to get it repaired and just chase up the at fault party for $$$ to save yourself from increased premium? (Although Bingle thankfully doesn't penalise you for not at fault claims!)

  • Ace Ventura on 24/11/2019 - 08:31
    +10

    Never heard of premiums being refunded, you paid for coverage, and received coverage. The fact that you would have been better off in this specific situation, if you had of taken a different path, has little bearing on your contract, and is of no concern of the insurance provider.

    • Eswn1234 on 24/11/2019 - 08:37

      Well, the premium is refund when I sold my car in the past with them. So the premium is refunded when the policy is cancelled. I understand that it is in the policy, which I have signed. But there's usually way to about things differently. Which is why I am asking on the forum. I just want to if if I could proceed directly with the at fault party insurance as though i don't have any comprehensive insurance.

      • Ace Ventura on 24/11/2019 - 08:52
        +2

        You can get refunds back on cars sold yes. However if you read your PDS you will likely find that for a claim to be honored, it is based on you paying for 12 months of coverage. If you happen to pay month to month, and have a claim six months in, you usually find the provider deducts the remaining 6 months of premiums from any payout they make. Which is exactly where you've ended up, paid your 12 months, made a claim, and are now being paid out.

        If you wished to claim through the other parties insurance, which may have been more leg work than it's worth, then you should have done so before making a claim of your own.

  • mbck on 24/11/2019 - 08:33
    +3

    I believe you can get a part of your insurance premium, if you didn't use your insurance. Ie, if you went through the other party insurance.

    That happened to me

    • Eswn1234 on 24/11/2019 - 09:04

      Cool thanks!

      When did this happen?

      And how did you go about claiming from the other party's insurance? I have only ever done 2 claims both minor and through NRMA…

      How did you find the process? Was it more hassle than its worth?? it seems to be what everyone on here thinks… I am keen to have a go, cos $600 is worth quite a bit to me at the moment

      • mbck on 24/11/2019 - 09:10
        +1

        This occurred about 2 years ago. Someone rear ended me. So we stopped st the side and exchanged details. I made sure her phone worked, took pictures of licence and the damages to both cars I also asked for who she was insured with.

        Gave her one week to give me her claim number to me but ended up contacting her. She did give me her claim number a few days later.

        I'd imagine a problem may lie when they don't respond to you. So hence why you need to get who they're insured with, along with other details. Then you may potentially be able to talk to her insurance.

        It was pretty straightforward after that, her insurance told me to get quotes, and my car was written off.

        Ps, definitely not a hassle. I mean if you have the time and willpower, go do it. You save on an increase in premium (but that depends on many factors), and you save on excess.

        • Eswn1234 on 24/11/2019 - 10:13
          +2

          Thanks Mate!

          You’ve been very helpful!

  • Euphemistic on 24/11/2019 - 08:33
    +6

    You paid for a policy. You made a claim on that policy. That’s why you pay for a policy.

    If you wanted a refund on your policy you should have made a claim from the at fault party and not claimed on your insurance.

    • Eswn1234 on 24/11/2019 - 08:42

      Yeh thanks for that. I didn't think it was going to be a totally loss… My cars damage looked pretty cosmetic to me. Other than the front side panel, which was pretty banged up. Oh well, live and learn. Should have gone directly to the at fault party insurance.

      • Euphemistic on 24/11/2019 - 08:43
        +3

        Should have gone directly to the at fault party insurance.

        Disagree. Too much stuffing around.

        • Eswn1234 on 24/11/2019 - 08:46
          +1

          Well, I'm going back to studying. $600 is quite a. Bit for me at the moment. I probably wouldn't have care quite as much if I was still working full time.

          • mbck on 24/11/2019 - 08:51
            +3

            @Eswn1234: At least you have insurance. Imagine if you didn't because you wanted to save money…

            Good luck with your studies!

          • bcarp on 24/11/2019 - 21:40
            +1

            @Eswn1234: "$600 is quite a bit." It is very very likely that the other insurance company will probably be paying you not at the agreed value, since they were not party to the agreement of what that agreed value is. They'll probably look up some book of expected valuations, take the bottom end of the range & offer that. After about 12 months of negotiating & getting nowhere, you'll be more than $600 down & be kicking yourself about why you didn't make a claim through your own insurance. Years ago, my business made a decision not to deal with car/CTP insurers directly; it just wasn't worth the staff time. People come to me, we charge them, they go make the claim themselves for reimbursement & every single time I get told "I can see why you guys don't want to deal with this".

        • stumo on 24/11/2019 - 19:45
          +2

          Disagree. Too much stuffing around.

          Its actually not, if fault is clear cut.

          My insurer only offered to writeoff my vehicle because the repairs were more than the agreed value I had with them, which is irrelevant in not-at-fault if the other party is insured. So i went direct to the perps insurer and got a cash settlement from their insurer instead. And dealing with the perps insurer was quicker and easier than dealing with my own.

        • ankor on 25/11/2019 - 15:08

          Yeah. I'd go through my own insurance vs any taxis insurance any day of the week.

        • Voldox on 25/11/2019 - 21:57

          If you did that you would never get any money out of them and you would be left with a broken car and eitehr end up claiming anyway or hiring a lawyer which means it would have cost you more than that anyway. Cut your losses and move on.

  • bobbified on 24/11/2019 - 08:34
    +1

    I've got my popcorn ready!

  • oscargamer on 24/11/2019 - 08:34

    What they have done is industry standard.

    Nothing you can do.

    • Eswn1234 on 24/11/2019 - 08:52

      Yeh being industry standard doesn't always make it right…. Look at the banking commission. They would have recovered cost from the at fault party insurance. And they keep my car, which would have gotten more than 600 for parts…

      • oscargamer on 24/11/2019 - 09:01
        +2

        Mate.
        Happened to me.
        Happened to you.
        Happened to thousands of others.
        It's in the pds.
        Nothing you can do.
        It'll be in the next policy you take up.
        Move on.

      • HighAndDry on 24/11/2019 - 14:59

        You agreed to the PDS when you bought the insurance. You agreed again when you made a claim.

        Next time, maybe read better instead of blaming everyone else but yourself.

        • Eswn1234 on 24/11/2019 - 16:18
          +2

          Hey mate I wasn’t the at fault party here, the other guy run into me! I don’t think I should should be the one penalised. I didn’t agree to the claim when I realised that when they told that my car was going to be a write off and the premium wasn’t going to be refunded. Where have you seen me blaming anyone?! I listed out the facts and asked for advice because I don’t know all the facts! As you might have see, some people had claimed directly through the at fault party, which I probably should have done but I didn’t know. And people like you are happy for big company to walk over you and blame the innocent person asking for facts and advise.

          I agree I should be read the PDS better. But even if I had seen that I wouldn’t have thought the not at fault party would be penalised. Similar to fact that the not at fault party shouldn’t need to pay any excess because it is covers by the at fault party.

          • ankor on 25/11/2019 - 15:09
            -1

            @Eswn1234: You agreed to it when you undertook the contract. You've also agreed at every single policy renewal.

            Try going to the FOS if you are unhappy with it.

  • GoldenDragon888 on 24/11/2019 - 08:52
    +1

    Had this happen to a friend over a decade ago. She was under 25 and it was like $1500. Quite a lot.

    It sucks.

    MSO had a not at fault accident at a similar time and the premium was able to be passed on to her replacement car not sure if it’s changed.

    • whooah1979 on 24/11/2019 - 08:55

      Your friend should have included the cost of the premium in the agreed value.

  • DashCam AKA Rolts on 24/11/2019 - 09:38

    Consider the insurance policy like a fire extinguisher that you hope you'll never have to use. You purchase it, but once used for its intended purpose, it is expended. It doesn't matter if you purchased the fire extinguisher (insurance policy) one day before or 364 days ago; it has served its purpose.

  • Hithere on 24/11/2019 - 10:03
    +3

    they are keeping my premium which I only paid less than a month ago (over 600 for 12 months).

    Tell them to refund 11/12ths of your policy payment and they will only need to give you 11/12ths of the payout figure.

    Or doesn't that sound fair?

    • Love a bargain on 24/11/2019 - 15:17
      +1

      did you mean 1/12th of the payout?

  • [Deactivated] on 24/11/2019 - 10:16

    How does it work out in the above scenario if the OP had paid their comprehensive car insurance premiums monthly? Would they be liable to keep paying the remaining monthly premiums?

    • whooah1979 on 24/11/2019 - 10:39
      +2

      Would they be liable to keep paying the remaining monthly premiums?

      No. The insurer would deduct the premium from the settlement.

    • Ace Ventura on 24/11/2019 - 10:39
      +1

      They would deduct the remaining unpaid months from any payout given to the claimant.

  • Aust on 24/11/2019 - 11:05

    Yes no refund as the policy has responded for what you wanted it to do. A total loss.
    Depending on your policy wording you may be able to get part registration refund and able to keep any vehicle accessories not specified in the policy, eg seat covers.

    • Eswn1234 on 24/11/2019 - 11:13

      Well actually. I'd rather for it not to be total loss, and for it to be repaired. Since NRMA isn't paying for the insurance, i would have thought it's for the at fault insurance to decide whether it would be repairable or not…

      I agree that it was my fault for not completely reading or understanding the policy. But I should be able to decide whether to peruse the claim when the car as a write off and/or get a second option for the quote of repair.

      • whooah1979 on 24/11/2019 - 11:17
        +1

        and for it to be repaired.

        You may not have a choice in this matter. The other insurer may choose to settle for an amount that is less than your agreed value.

        • Eswn1234 on 24/11/2019 - 11:28

          Oh I see. If I try to peruse it with the at fault insurance and it's not favourable to me. Do you think I can claim with NRMA or that's too late. I can either go with them from the start or do my own claims with the at fault insurance not be able to decide afterwards whether to go with NRMA or the at fault company.

          • BartholemewH on 24/11/2019 - 17:25

            @Eswn1234: So…. NRMA are ripping you off so you'll go it alone, then when you blow the negotiations and can't get the agreed value you'll decide NRMA aren't ripping you off and get them to represent you? If you want the car repaired for sentimental reasons, duke it out with the other party's insurer, if not take the agreed value from NRMA.

          • dazweeja on 25/11/2019 - 15:54

            @Eswn1234: I've bought my wreck back from RACV before and repaired it. Not sure in NSW but this can be an option if the car is over 15 years old. Under that and it goes on the written off vehicles register which brings a lot of complications which probably makes it not worth it.

            • Eswn1234 on 25/11/2019 - 17:40

              @dazweeja: ok i see, thanks for the info. unfortunately my car isn't over 15yo…

              Just curious, when you say bought it back, you mean you paid your insurer for you car - ie taken out from you settlement, right?

              • dazweeja on 25/11/2019 - 21:54
                +1

                @Eswn1234: Yes, correct. Repaired it, paid another 12 months insurance premiums, and still had money left over.

      • mbck on 24/11/2019 - 11:39

        Oh yeh, the valuer will most likely give you a call to tell you what the written off value for the car is. You can, within reasonable limit, push for more obviously. Use Redbook, etc etc, and find a value higher to justify your own valuation.

      • HighAndDry on 24/11/2019 - 15:01
        +1

        You don't get to pick and choose. If the car's worth $2000, whether it's your insurance or the at fault insurance, they'll never give you more than that to repair it.

        • mbck on 24/11/2019 - 17:59

          Valuer called me, said they were going to pay x amount. I checked Redbook, etc etc and dealt with him to get more and he agreed. Be reasonable and you'll be fine.

          But then mine was dealing with other party.

          I'd imagine if your car was market value, you can do that too. But if it was agreed value…well that's the most you'd get…the agreed value

  • lvagg59 on 24/11/2019 - 11:50

    NRMA should be claiming from the at fault person's insurance not against yours anyway. You then should be able to use/transfer the insurance you have already paid for with your replacement car.

    • Eswn1234 on 24/11/2019 - 12:06
      -1

      Yes that exactly what I thought…. But the PDS seems to say otherwise… That's why I have posted here and see what everyone think. Considering this is a money saving forum, everyone seems to be very rich and don't really care about $600….

      • Euphemistic on 24/11/2019 - 21:58

        When you buy insurance it is for 12 months in advance. yes, there are month to month policies but the fine print probably says your up for 12months at a time in the event of a claim that terminates the policy (a write off)

        When you claim and the claim is a write off the policy terminates because they pay you out the full amount for the policy. If you terminate the policy by choice you can get a pro rata refund, but you need to chase your own compensation for damages from the other party.

        • [Deactivated] on 25/11/2019 - 14:52

          They don't pay you anything, the at-fault party shoulders all of the cost, they should be paying for damage, taxis / hire car and any time on the insurers part. If you're not at fault you shouldn't be a cent worse off than if the accident didn't happen.

          • Euphemistic on 25/11/2019 - 15:08

            @[Deactivated]: Unless you make a claim using your insurance policy, in which case the insurance co gets their cut, being the full 12mth premium. If you don’t make the claim and do all the work chasing the other party yourself you can get a refund.

            • [Deactivated] on 25/11/2019 - 15:11

              @Euphemistic: The at-fault party should still be paying for that effort as it's a cost incurred as a result of their action, you don't get this extra charge effectively if your car isn't written off, it's bizarre that that's a decision point for whether they should charge you.

              • Euphemistic on 25/11/2019 - 15:14

                @[Deactivated]: You won’t get an extra charge if the policy continues, because the policy just the way it works. Maybe it is wrong and there is room for an improved model, but what we’ve got currently. You buy a policy for 12mths, you are covered for 12mths or until item covered is gone or you cancel the policy. It still costs you for 12mths.

    • DashCam AKA Rolts on 24/11/2019 - 16:45

      The insurance is for the insured vehicle, with the nominated driver(s). This is why so much information about the vehicle is required for a policy to be issued, including extras/accessories fitted etc.
      Insurance doesn't transfer to other vehicles, e.g. hire or loan cars, other family members's or friends' cars that you are using if your car is home, in a garage etc.

    • Ughhh on 24/11/2019 - 23:53
      -1

      NRMA should be claiming from the at fault person's insurance not against yours anyway

      The at fault party is only responsible for paying for the damages to the car, not the premiums.

      • CVonC on 25/11/2019 - 00:51

        The at fault party is only responsible for paying for the damages to the car

        • excess isn't it?
        • Ughhh on 25/11/2019 - 01:56

          Depends if other party is going through their own insurance. Even then, other party is paying for their own excess, got nothing to do with op.

        • Euphemistic on 25/11/2019 - 06:46
          +1

          The at fault party needs to pay for the damages incurred. That will be either via their insurance or out of pocket. If the at fault party has insurance they will pay the excess and the insurance co will pay then rest.

  • brendanm on 24/11/2019 - 14:52
    +1

    Should have claimed through the at fault parties insurance.

  • netjock on 24/11/2019 - 15:49

    Try financial complaints authority which took over from FOS. Theory the PDS is the agreement but I assume it is rare that you'd be left out of pocket. Usually market value paid by insurance companies are ample to replace.

    • Eswn1234 on 24/11/2019 - 16:19

      Thanks mate! I’ll look into it

    • Eswn1234 on 24/11/2019 - 16:34

      Unfortunately, my car was insured with agreed value, so it's a little short to replace. Maybe if i had gone with the at fault company, I might be able to make a different settlement?

      • netjock on 24/11/2019 - 17:27
        +2

        Can't help you with under insurance
        Maybe but then the hassle
        Can now understand why you want you $600 back
        Good luck

  • outlander on 24/11/2019 - 15:53
    +1

    No, it's not fair, but life isn't always fair unfortunately. You just have to hope that someday, you can return the favor and stick the knife in their back in return.

    As to productive things you can do, just make a fuss. Nothing really to lose. Just keep calling again and again.

    • Eswn1234 on 24/11/2019 - 16:24

      Yeh sounds like there are cases where you can transfer it to the new car

  • Abcdeedcba on 24/11/2019 - 16:13

    On a previous car I had, someone reversed into me. Was only minor a minor dint and I had the other party's details. For simplicity I claimed through my insurance, not at fault no excess etc. A month or so later I traded in that car for a different one. It was much cheaper to insure through a different company, so I did. When I went to cancel my previous cars insurance I expected a refund of $600 - $800 as I had plenty of months left (I was early 20's and insurance was expensive) however when I went to cancel they told me they couldn't refund because I'd made a claim, even though it was only for a couple hundred.

    After speaking to them for ages I managed to come to a solution and had that policy transferred to my newer car, having to pay the additional difference in insurance cost. And cancelled my other policy within the 30day cooling off period. Overall it would have cost me several hundred more just because this company had a much higher rate for the new car (Honda Accord Euro) than the old (Subaru Forester). But still worked out better than no refund.

    Moral of the story, I now only insure using monthly payments as any savings I got from paying yearly were wiped out from that claim…

    • Eswn1234 on 24/11/2019 - 16:22
      +1

      Yeh, it sucks right!

      Thanks for the comment, I’ll see if I can get it transfer to my new car.
      Out of curiosity were you with NRMA? Maybe they are the biggest, now I’m thinking maybe they are not the best…

      • Abcdeedcba on 25/11/2019 - 08:01
        +1

        I can't remember for sure but I think it was with AAMI. I always just to with whoever is cheapest. Currently I'm with NRMA as they are cheapest, previously I have been with Suncorp, AAMI, just cars, and budget. I've moved around a bit (different states) and find there quotes vastly differ by location and/or car. Also remember that half of them are all the one company…

    • CVonC on 25/11/2019 - 00:54

      Yeah can you say which insurance companies you were talking about?

      Also, just because you're month to month doesn't mean you will get refunded for the remaining months. As others have said, they'll deduct the remaining months from your payout.

      • Abcdeedcba on 25/11/2019 - 08:04

        Pretty sure it was AAMI, as above I've used a lot of different insurances so can't be sure. In this case as I didn't get a payout (it was just a couple hundred dollar ding fixed a month or two before selling). If I was paying month to month I would have just been able to stop upon selling, and not pay for the rest of the year. But after paying yearly making a claim wiped out the ability to recover any money on cancelling.

  • onceupon8 on 24/11/2019 - 18:47
    +1

    You may be able to cancel your claim if it hasn't been fully processed but you should be aware making the claim through the other parties insurance is more trouble and hassle and there is the possibility if your evidence isn't fully clear cut the other parties insurance could decide things differently or pay a lesser value which you would then need to argue.

    I had insurance with AAMI and I wasn't at fault, and AAMI wouldn't allow me to use a BMW authorised repair centre and sent me to a dodgy looking repair shop who said the front bumper would take 3 weeks to order in. So I ended up cancelling the claim as the other party had a policy with a better insurance company (possibly it was NRMA - it was long ago) who was partnered or something with one of the BMW authorised repair centres. The other parties insurance provide gave me a lot more hassle and trouble. It did end up all OK though and after it was all fully approved, that service centre only took a few days to order in the bumper so they were probably getting it from Australia where the other service centre wanted to get it from overseas?

  • CheapSticks on 24/11/2019 - 20:17

    If OP was on month to month insurance - in that case I suppose he would have lost only a month of premium maximum - is that correct?

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