Waiting for the other party to pay their excess

garddn on 25/11/2019 - 15:56

About a month ago I was playing golf and returned to my car and my car had been hit. The person that hit my car had left their name and number. I called them once I got home, and spoke to their partner. She explained that her partner didn't speak great english, but felt bad, and that they would lodge a claim with their insurance company. That has all happened, and I took my car to the asessment centre. The car was deemed to be a repairable write off.
So far they haven't paid their excess and I am looking for some advice as too how to proceed from here.
The car is mechanically sound.

Thanks :)

Automotive

Comments

  • spackbace on 25/11/2019 - 15:58
    +6

    Do you have comprehensive insurance…?

    • garddn on 25/11/2019 - 16:00

      Unfortunately I didn't, just 3rd party fire and theft, the car has a market value of around $4k and the best comp insurance I could find was about $1k. So deemed it a bit too much considering the value of the car. Wish I had it now though :)

      • spackbace on 25/11/2019 - 16:01

        If they haven't paid their excess, then they're not covered under their current insurance policy.

        Have you spoken to their insurance company since getting yours assessed? What did they say?

        • garddn on 25/11/2019 - 16:03

          I've been told that once they pay their excess, the claim will be settled. They have tried contacting them on numerous occasions and I have also recently tried to touch base with them to find out what is going on. I am currently contacting Legal Aid here in Vic to also see what my options are, not sure how helpful they will be ;)

          • spackbace on 25/11/2019 - 16:04

            @garddn: Daily phone calls, at different times. Use 1831 before the number to block your number (and skirt any call-blocking they've put on their phone).

            • [Deactivated] on 25/11/2019 - 19:08

              @spackbace:

              Daily phone calls, at different times. Use 1831 before the number to block your number (and skirt any call-blocking they've put on their phone).

              That's harassment. I would get advice from Legal Aid on how to proceed.

              • spackbace on 25/11/2019 - 19:09

                @[Deactivated]: They also have to prove that it was you who was calling them, from a blocked number. Harder to do that than ignore it.

              • HighAndDry on 26/11/2019 - 10:33
                +1

                @[Deactivated]: Not until they've told OP to stop contacting them. Until then, it's just following up.

            • Hoobz on 26/11/2019 - 09:59
              +1

              @spackbace: My phone ignores anything incoming that is not in my contacts list.

              Love it 😀

              • Zachary on 29/11/2019 - 18:54

                @Hoobz:

                My phone ignores anything incoming that is not in my contacts list.

                What do you do with those one offs or changed phone numbers from say a friend? Are you gonna always be on top of your contact list?

                • Hoobz on 30/11/2019 - 10:16

                  @Zachary: I disable call blocker when expecting a one off call.

                  Texts still come through, I leave that disabled.

                  Not had any friends change their number recently. They can contact other ways.

                  'Not on contact list' call blocking is not for people running a business, or similar, in many cases.

                  I do actaully work for myself, got far too many work options as it is. I only work for people who I have in my list, or through direct referrals.

                  There's about 500 contacts in my list.

                  I get at least one nuisance call a day. They happen when I can't have my phone with me, and I have to stop, drop everything, others have to stop and wait, then I walk/climb for a bit..answer…

                  I also have certain ring tones for important calls that I need to answer immediately. Others I can call back later.

            • Zachary on 29/11/2019 - 18:52

              @spackbace:

              Use 1831 before the number to block your number (and skirt any call-blocking they've put on their phone).

              That's when calling from a home phone, for mobile this is the one you want: #31#.

        • Kangal on 25/11/2019 - 16:22
          +1

          No, their insurance policy wouldn't be void.
          It is just that the terms of repairs is incumbent on having the excess paid. Which means they haven't lodged a claim yet.

          OP: contact the insurance and the owners, explain to them that sufficient time has passed, and that they should have made a claim (and paid excess) by now. And failure to do so would mean you have to pursue them legally. And explain to them that if you did, it will be worse for them in terms of headache and monies paid, and could result in problems with their insurance in the future (higher premiums, or breach of contract, etc etc).

          • garddn on 25/11/2019 - 16:27

            @Kangal: Thanks, that sounds like what I need to do. They have actually made a claim already, and in doing so, I believe they have admitted fault. They have just not paid the excess in relationship to the claim

      • AussieZed on 25/11/2019 - 16:10

        $1k for a $4k car?! Sounds ridiculous. My car is 10 years old, has an agreed value of $11.5k and I pay $800 a year for comp.

        • garddn on 25/11/2019 - 16:16
          +1

          Agreed!

        • Bargain80 on 25/11/2019 - 16:17
          +5

          that's the way car insurance is.
          depends on the model of the car, driver history, age, location, etc.
          And 2x car value doesn't mean you'll pay 2x premium.

          I pay $600 for a $4K car and $750 for a $18K car.

        • try2bhelpful on 25/11/2019 - 16:18

          Who are you with?

          • garddn on 25/11/2019 - 16:20

            @try2bhelpful: I was with AAMI, switched to YOUI about 2 years ago. I think it has a fair bit to do with my location ;)

            • follow on 25/11/2019 - 16:26

              @garddn: are you under 25?

              • garddn on 25/11/2019 - 16:29
                +2

                @follow: No not under 25, I wish I was though :)

            • try2bhelpful on 25/11/2019 - 16:44

              @garddn: Thanks for info. We went with Budget direct and they are pretty good as well. We hardly get in the car so we went for a low km option.

              • garddn on 25/11/2019 - 16:50

                @try2bhelpful: I'll check them out in the future. I have my contents with them. I work an 8 day fortnight and my place of work is only a 4 minute drive. So I'm not doing big k's either, the biggest drive I routinely do is to golf and that is a 48k drive there and back again on average twice a week

                • try2bhelpful on 25/11/2019 - 17:19

                  @garddn: We have an under 5k per year rate. Lucky to drag the car out once a week. We are inner Fitzroy. Walk, public transport then, car. If we get in the car most of the time it is “wouldn’t start from here” due to the traffic. If you are a 4 minute drive I would walk. Good for your health as well.

                  • AussieZed on 25/11/2019 - 22:42

                    @try2bhelpful: But Fitzroy is a slum. Or at least used to be.

                    • try2bhelpful on 25/11/2019 - 23:19

                      @AussieZed: Been a long time since Fitzroy was a slum area. Try to get a house around us for less than $1 million.

                      • AussieZed on 25/11/2019 - 23:34

                        @try2bhelpful: Okay, so it's just become an expensive slum then. :)

                        • try2bhelpful on 26/11/2019 - 00:08

                          @AussieZed: Not a slum anymore, by any means. Lots of money gone into renovation. I moved into the area twenty-five years ago and every place in my street has been renovated since, some more than once. They’ve even been doing up the housing commission buildings.. However, you are right Fitzroy was a slum area originally, my great aunt was horrified when I told her where I bought and, for the first few years, we did busily collected syringes in our street every day. Not so much anymore.

                          However, I do wonder how places like Docklands will look soon, when the shiny skyscrapers have lost their gleam. I’m getting images of Blade Runner.

                          • AussieZed on 26/11/2019 - 00:56

                            @try2bhelpful: That maybe so, but the blocks of land in the suburb are tiny, so you can't really build anything big or nice there. The existing houses have charm, but are mostly crammed together like sardines. This house here, for example, definitely looks like a slum to me. This place probably looks exactly the same as it did 50 years ago - seriously how hard it is it paint a front door? Lattice work is all rusted. You'd never see this in the classier suburbs:

                            https://goo.gl/maps/Zgf8YBbjq8ponwEj7

                            • try2bhelpful on 26/11/2019 - 06:52
                              +1

                              @AussieZed: “Judge me by my size, and well you do not.”. If you look around Fitzroy there are a lot of two storey extensions on the workers cottages and the backs are redesigned to have open plan areas with a “wall of glass” view into the backyards.They are solid brick and are built on bluestone foundations; they will be around long after the “modern” houses have been torn down. The more original ones often, have detailing that is just beautiful.What you would find, if you go past the unpainted front door, are ceiling roses, picture rails and wooden dados. The high ceilings help with dealing with summer heat. A lack of paint is a “superficial” issue and a lick of paint is nothing compared to the quality of the original build. If we wanted to do a “spot the neglected house“ we could find a large number of them in the ‘burbs and, frankly, in the classier suburbs. I’ve lived in the “classier” suburbs and neglected places are everywhere, if you look. How neglected do you think the current crop of McMansions and skyscrapers will look in 100 years time? Although, they will probably be torn down by then due to shoddy build quality whilst the Fitzroy inner city Victorian places will still be there.

                              However, in my case I have a converted warehouse so we have 20 squares liveable with a north facing internal courtyard that has 2 storey glass. When we put in the two storey extension we kept the original beams, which are a cat’s dream jungle gym. The walls are triple brick. My place is open plan, light filled and airy with off street parking. However, if you looked at our front gate you would be horrified; frankly we like the “oooh“ factor when people walk in the door and see the contrast.Fitzroy has a cornucopia of food and entertainment options and we are surrounded by infrastructure, including hospitals; which is becoming more important as we get older.

                              Frankly I don’t equate “big” and “new” with “nice”. I prefer solid and beautiful. I also don’t equate a lack of paint with “slum” just someone who doesn’t really feel they need to “keep up appearances” and will get around to it. Yes, we could replace our gate to make it look “noice” but I prefer to spend my money on solar panels or redoing the bathroom. It serves the function it was built for. to me “big” just means more cleaning and more to heat. How far away from each other do modern families have to live?

  • garddn on 25/11/2019 - 16:09

    Hey thanks, I was actually going to try and call him tomorrow from a different number.

  • jjjaar on 25/11/2019 - 16:15

    I found a similar post online and one of the replies was that the at-fault party in their scenario had never actually received and notification from the insurance that they owed an excess for the claim.

    How many times have you tried to contact them?

    I would try again, using the suggested method above. Hopefully it's just a case of they haven't been told yet VS they hare avoiding it.

    • garddn on 25/11/2019 - 16:17
      +1

      Only tried the once today, And spoke to their insurance company today, they have said they have tried multiple times. I will try the method suggested above, thanks :)

      • jjjaar on 25/11/2019 - 16:23

        The insurance probably has tried once, left a voicemail and will also send a letter (which could take 1-3 days to arrive). They probably want you to chase them up so they don't have to.

        Also - depending on what time you called today (and the time(s) the insurance called) they may have been at work or busy and haven't had a chance to follow up. Perhaps trying out of office hours, or at a similar time/day to when you spoke to them originally?

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

          Thanks, yeah I will try that

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

    Try sending a letter of demand for the amount owing plus a bit. Might hurry them along. For that amount you can small claims them.

    • garddn on 25/11/2019 - 16:25

      That's what legal aid have just suggested I do. So if I cant get in contact with them, that is the route I will take.
      Thanks

  • Typical16-bitEnjoyer on 25/11/2019 - 18:41
    +1

    OP, you are being strung around by the other person and their insurance company.

    Lodge a police report. You can do this online https://onlinereporting.police.vic.gov.au/s/?language=en_US.

    Contact your insurer. You were supposed to do this immediately after the damage, so hopefully you already did.

    Lodge a claim under clause 4 of the included Extra Cover.

    "Under Third Party, Fire and Theft or Third Party Property Only cover, up
    to $5,000 or the car’s market value, whichever is the lesser, for accidental
    damage to the car, if there was an uninsured third party motorised vehicle
    involved and if:
    • the damage to the car is more than the total excess you have to pay;
    • we agree that the third party was completely to blame for the accident;
    • you provide us with the name, residential address, contact phone
    number and vehicle make and registration number of the third party;
    and
    • you have reported the incident to the police and provide us with a
    police incident number."
    https://www.youi.com.au/GetPDS?riskType=VEH

    Don't mention the other persons insurer otherwise you may not get past the level 1 pleb who assesses your claim. If you must, or they ask, then say you called the other persons insurer and they haven't paid their insurer.

    That'll get the wheels moving. Guaranteed.

    • garddn on 26/11/2019 - 09:39

      unfortunately the only details i have is a first name and a mobile number.
      I was able to get in touch with him yesterday. He has agreed to sort it out. Might be just lip service but i said you've had ample time to sort it out. And that I'll give you a further 10 days otherwise I'll start exploring other options. Ie legal advice

      • Typical16-bitEnjoyer on 26/11/2019 - 09:43

        Plug the mobile number in Facebook and Google. You might get lucky.

        Sounds like another stalling tactic to be honest.

  • OzHunterNSW on 26/11/2019 - 10:44
    +1

    Take all the details to your insurer… let them handle it all.
    Your insurer will deal with your car immediately, and then chase up the other party.
    Just keep all records.
    MAKE SURE YOU KEEP A COPY OF THAT "NOTE".

  • kingsville on 26/11/2019 - 10:52

    Good luck.

    I got screwed by someone like this who refused to do their part and pay the excess. If you do not have a comprehensive policy it makes dealing with this process much harder.

    I had a police report and they were charged with failing to give way.
    I would have had to take them to court to get any action, and I do not have the energy for that.

    I ended up claiming through my own insurance (Home and Contents, Portable valuables - since it was a bicycle that was written off) to get some remediation and to put the whole experience behind me.

  • HeWhoKnows on 27/11/2019 - 07:30
    +1

    Claim through your insurance.
    Let them deal with it.
    You are NOT AT FAULT

    • Euphemistic on 27/11/2019 - 08:45

      Have a read. OP only has third party for cheap car.

      • Typical16-bitEnjoyer on 27/11/2019 - 11:08

        Have a read. OP has third party fire and theft which contains a clause for not at fault claims.

        • Euphemistic on 27/11/2019 - 11:16

          Are you sure?. You provided the link suggesting the cover includes “uninsured third party“ cover, not the OP. The OP has no mention of this.

          Also “uninsured third party“. The third party in this case has made a claim in insurance but has not paid the excess. Despite what you say regarding not telling the OP insurance company the third party has insurance, making a claim under this could be considered fraudulent - but you’d have to read the PDS to confirm if the policy does cover that circumstance.

          • Typical16-bitEnjoyer on 27/11/2019 - 14:33

            @Euphemistic:

            The OP has no mention of this.

            OP stated their insurer and policy in this thread. That is the PDS for that insurer and policy.

            making a claim under this could be considered fraudulent

            Nope.

            1. There's no evidence the third party is insured. In fact quite likely if they aren't paying the excess they haven't paid their premiums either.

            2. The third party's insurer actually has nothing to do with it. OP's insurer will engage, and potentially issue proceedings, against the third party personally. It is up to the third party to claim indemnity from their insurer.

            but you’d have to read the PDS

            I did. You clearly didn't.

            • Euphemistic on 27/11/2019 - 15:41

              @Typical16-bitEnjoyer: Fair enough. Missed the post about the actual policy.

              Not sure about the claim process when the other party has insurance. If you have read the PDS good on you. I can’t be bothered.

  • garddn on 08/12/2019 - 10:27
    +1

    thank you to everyone that gave advice. I was eventually able to get in contact with the driver and they agreed to pay the excess the following day, which they did. The insurance company has also contacted me to arrange settlement.
    Thanks again.

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