Help needed! Who should pay my car rental?

illuSion on 25/12/2019 - 19:53

Long story short, I only have 3rd party insurance, and I wasn't at fault. I just got my car back today after 3 months of repairing. I was able to claim the repair from at fault driver's 3rd party insurance, but I had to rent a car for 1 week after the accident, luckily the smash repair loaned me a car for free for 3 months.

Just texted the at fault driver today, hoping he would compensate that one week car rental, which is about $210, but he refused, told me to contact his insurance.

He is with Bingle insurance, according to their website, they don't have a call centre, and I am required to log in when lodge a claim, but I don't have an account.

I am running out of option now, and the at fault driver stopped reply me, what should I do? Who is actually liable for my car rental?

Thank you!

Automotive

Comments

  • Hybroid on 25/12/2019 - 20:00
    +24

    Just texted the at fault driver today, hoping he would compensate that one week car rental, which is about $210, but he refused, told me to contact his insurance.

    He was right. Speak to your insurance. If they don't cover it then you're SOL. Can't force anyone else to pay you back for something you chose to do without pre-auth approval.

      • Hybroid on 25/12/2019 - 20:05
        +22

        Why would Bingle talk to you or pay you? You don't have a contract or any agreement with them. If your NRMA insurance isn't going to support you on adding the car rental to the claim then you're stuffed.

          • Hybroid on 25/12/2019 - 20:10
            +30

            @illuSion: Why is it unfair? You chose not to take out an insurance policy that covers car rental in the event of an incident repair. No one owes you anything.

            • whooah1979 on 25/12/2019 - 20:14
              +36

              @Hybroid: Op have every right to try and recover expenses they incurred due to the other driver's negligence.

            • illuSion on 25/12/2019 - 20:16
              +1

              @Hybroid: What?

              I was waiting at the intersection, and that car got out of control then hit my car. My car had to stay in a smash repair for 3 months, had all sort of work done, and I am sure the value of my car is depreciated a lot. My mechanic said the repair is very obvious and it will be really hard to sell later.

              Maybe legally no one is liable for all the damage caused, but still, I suffered a great lost.

              • Hybroid on 25/12/2019 - 20:19

                @illuSion: I don't disagree you have incurred unnecessary costs both existing and future. But this needs to be part of your overall insurance claim via your insurer. toniyellow's link below clarifies this further.

                However, you don't go contacting other party's insurance directly requesting payment for something, especially after the claim is all settled and done. Give it a go but wouldn't be surprised if they fob you off and you'll need to consider spending more than the rental cost lodging a legal claim.

              • Oz em on 25/12/2019 - 22:16
                +1

                @illuSion: Why wasn’t your car a write off? Sounds like it should be

                • illuSion on 25/12/2019 - 23:31

                  @Oz em: Unlike NRMA, Bingle was only willing to pay $20000+ to write off my car, which is way below the market value. The normal selling price for a similar car is around $40000 on carsales site.

                  It was my mistake not having a comprehensive insurance on a very expensive car, I went through some rough time, had to switch to 3rd party due to financial reasons. And right after I made the switch, this happened.

                  • CMH on 26/12/2019 - 13:32
                    +9

                    @illuSion:

                    It was my mistake not having a comprehensive insurance on a very expensive car, I went through some rough time, had to switch to 3rd party due to financial reasons

                    Why are you driving a $40k car when you are in financial difficulty?

                    Should've sold it as soon as you couldn't afford to insure it.

                    • Ti-au on 26/12/2019 - 17:10
                      -2

                      @CMH: Yes looking into the future is wonderful skill that should be taught to all our children in the future.

                      • CMH on 26/12/2019 - 17:24
                        +6

                        @Ti-au: Which part of my post mentioned anything about looking into the future, or requires that skill?

                        Financial difficulty: first thing you do is sell of crap you can no longer afford to keep. A car that you can't afford to insure? I'd sell that first up and buy something mcuh cheaper and that extra cash left over helps with the issue at hand.

                        A lot of people keep cars they can't afford. I know someone who keeps a Merc E-class that would've been worth a fair chunk of change had they sold it when they ran into financial difficulty. Right now it's worth nothing, they're still broke and can barely afford bills. But at least they have a Merc!

                        • freakatronic on 27/12/2019 - 17:54
                          +1

                          @CMH: A car is only ever a liability. Only in .0001% of cases would a car be considered an asset.

                    • Strikes on 26/12/2019 - 21:23
                      +4

                      @CMH: Financial situations change time to time.

                      • CMH on 26/12/2019 - 21:40
                        +5

                        @Strikes: True, could be short term, could be long term.

                        Short term: Keep the car, pay insurance monthly.

                        Long term: Sell the car.

                        My personal belief is that there's no "not sure" option. Anyone who says not sure is just not willing to admit it is a long term issue, and hoping that their fortunes will change.

                        To that I say fair enough, everyone should be optimistic. However, in being optimistic you should plan for the worst while hoping for the best.

                        Which means if you're not sure it's a short term issue: sell the car.

                        Fortunes don't just do a complete 180 and go from "I can't afford insurance" to "We can retire now". Not usually unless you're into very risk-heavy investments.

                        Also, I'd even go as far to say you don't buy a $40k car when you're close to the "I can't afford insurance" stage unless you're financially illiterate, in which case this whole episode makes perfect sense - someone who's stretching their budget buys a car out of their budget, runs into a bit of financial difficulty, decides to forego insurance rather than cut back on discretionary spending (which involves a new-ish $40k car).

                        Would OP like to tell us what car it is?

                        edit: Look at OP's previous posts,
                        2018 - advice on claiming TRS on mate20 pro $1000
                        2019 - advice on buying a new phone ~$1000

                        Yeah….

                        • illuSion on 29/12/2019 - 01:00

                          @CMH: It's a Mercedes, which I brought it for 80K with cash, and I don't think it's a high yield investment.

                          I had to pay a big land tax bill at that time, which is a surprise. I got a better accountant now. LOL

                  • Yorkshire-Man on 26/12/2019 - 20:04
                    +11

                    @illuSion: You're driving a 40k car with just 3rd party? Nuts

                    • monkeyfood on 26/12/2019 - 20:28
                      +4

                      @Yorkshire-Man: Probably on credit too, most people that want to act rich buy things they can't afford with money they don't have

                      • illuSion on 29/12/2019 - 00:51
                        -1

                        @monkeyfood: It's easy to make all these assumptions about other people huh?

                        I brought my car for 80K three years ago with the money sat in my bank account, never had a car loan in my life. I had comprehensive insurance with NRMA since my first car, had to switch to a 3rd party insurance few months before the accident because I had to pay a surprise land tax bill (it was my accountant's fault LOL).

                        I am more then capable to own a nice car, but a sudden financial change could happen on anyone.

                  • brendanm on 26/12/2019 - 22:40
                    +2

                    @illuSion: Shit I felt bad for you until the $40k+ car with no full comp. Just plain silly.

              • keongyip on 26/12/2019 - 21:29

                @illuSion: why aren't you fully insured? if you're not at fault and fully insured, you are almost automatically given a rental car if you need one. my experience was with AAMI earlier in the year.

              • CheapSticks on 26/12/2019 - 23:13

                @illuSion: Are you saying the workmanship is not good or rather than replacing parts they fixed it….given you comment your car is worth $40k - i am expecting it is newish car - in which case you should not accept poor job on car !!

                Sorry it is bit of distraction to your original post.

            • brendanm on 25/12/2019 - 20:22
              +13

              @Hybroid: Op is the not at fault third party. He is required to be made whole by the at fault party. As they had insurance, this responsibility falls to the insurer. The insurer should be happy that they didn't have to pay for 3 months car hire.

                • brendanm on 25/12/2019 - 20:27
                  +6

                  @Hybroid: No they don't, it has nothing to do with ops insurer. It is between op and the third party, and by extension, the third parties insurer.

                • RockyRaccoon on 25/12/2019 - 20:44
                  +6

                  @Hybroid: They have only 3rd party insurance, that covers for when they crash into someone else. They dont have comprehensive insurance so they are not covered by their own insurer. They have to deal with the other parties insurer themselves. In this case NRMA has nothing to do with the claim.

                  Its between the OP and Bingle, the other parties insurer.

          • IVI on 25/12/2019 - 21:56
            -3

            @illuSion: See if you can sue for the uncovered cost.

            Have you proof that other party was at fault
            to show a court?

            • brendanm on 25/12/2019 - 23:13
              +2

              @IVI: Sue for $200? Court?

              Pretty sure the other parties insurance paying to have the car repaired is a pretty good sign the other party was at fault.

    • OzBrogains on 27/12/2019 - 01:47
      +2

      Clearly the people who upvoted you don’t know how insurance works. Go ahead upvoters, downvote me.

      • CMH on 27/12/2019 - 02:03

        Just to clarify, you're talking about this right?

        Why would Bingle talk to you or pay you? You don't have a contract or any agreement with them. If your NRMA insurance isn't going to support you on adding the car rental to the claim then you're stuffed.

        In which case, yeah, it's total BS written by someone who has absolutely no clue how insurance works.

        And now all of us have a list of clueless people who are upvoting comments :D

  • SnoozeAndLose on 25/12/2019 - 20:01
    +4

    Bingle will be liable, contact Bingle.

    • illuSion on 25/12/2019 - 20:02
      -1

      I am on their website for nearly an hour now, they don't have call centre, I just couldn't find a way to contact them.

  • whooah1979 on 25/12/2019 - 20:06
    +4

    Send a letter of demand to the other party.
    https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis…

    • brendanm on 25/12/2019 - 20:53
      +1

      Also inform Bingle. Then contact https://www.afca.org.au/make-a-complaint/insurance/ if they make life hard.

      • CMH on 26/12/2019 - 03:35
        -2

        OP isn't insured by Bingle so making a complaint against them is pointless.

        The only option is to sue, but if it's just $200 it may be too much of a hassle, and Bingle knows this.

        Another point is that the mechanic may have billed Bingle for the 3 month car hire, in which case Bingle may say that car hire has been sorted.

        • brendanm on 26/12/2019 - 09:39
          +4

          No, op can still make a complaint.

          No, the only option isn't "to sue".

          No, even if they did, op was not reimbursed for the other week.

          • CMH on 26/12/2019 - 13:16

            @brendanm:

            The Australian Financial Complaints Authority (AFCA) can consider a complaint you have about a life insurance or general insurance product.

            OP did not purchase a product or service from them, therefore they won't entertain a complaint.

            Quoted from the first paragraph of your link.

            • CMH on 26/12/2019 - 14:18
              +1

              @CMH: For more clarity:

              AFCA is there to help you with any issues with YOUR OWN insurance. They will mediate between you and your insurer.

              If you have troubles with getting another insurer to pay you out, it is not the scope of the AFCA at all.

              In this case, OP is saying that the other party is liable for the cost of an extra week of hire. Assuming Bingle denies that liability, then the courts are needed to decide if the other party (and thus Bingle) is liable.

            • brendanm on 26/12/2019 - 15:00
              +1

              @CMH: Sorry, I can't see the part where it says anything about you having to own the insurance product. Can you point that part out?

              • CMH on 26/12/2019 - 15:17
                +1

                @brendanm: Are you saying you are going to submit a complaint about a product someone else purchased?

                Please note while that product is paying you, you aren't a user of the product. The user is the person(s) covered as a driver under that policy.

                If you still can't see why AFCA can't help OP I can't explain it any clearer. Maybe someone else can.

  • toniyellow on 25/12/2019 - 20:12
    +4

    It is possible to claim for car rental
    https://mva.financialrights.org.au/dtop/i-dont-agree-with-th…

    Unless you are already in contact with his insurer, you have to send to the driver and the driver has to contact their insurer. He may have to pay an excess etc before they will cover him.

    • JimmyF on 25/12/2019 - 20:39

      Unless you are already in contact with his insurer

      Well they are fixing the OPs car, so I would say they are.

  • garetz on 25/12/2019 - 20:14
    +11

    Technically the other at fault driver is liable, but the effort and cost it would require to legally enforce the outcome you want isnt worth the effort or cost.

    • JimmyF on 25/12/2019 - 20:39
      +4

      Correct, 'Technically' means a lot of work to get $210 out of them for the rental. Will it be worth it in the end? Not a chance. OP needs to contact Bingle and see what they say, if they pay it, excellent, if they push back, try a few times. But at the end of the day reward vs effort isn't worth it.

      OP should be happy their car is getting repaired.

    • Typical16-bitEnjoyer on 25/12/2019 - 23:30

      Best answer here.

  • mini2 on 25/12/2019 - 20:26
    +1

    Should've just used Right2Drive or leeches of the same ilk then be done with it.

    • illuSion on 25/12/2019 - 20:29

      I only had to rent a car in the first week, the smash repair loaned me a car for free, very nice of them.

      I did try Right2Drive, but the at fault driver went to hospital by an ambulance, I only received his details after a week.

      • capslock janitor on 26/12/2019 - 13:54

        I only had to rent a car in the first week,

        Ohhh..

  • JimmyF on 25/12/2019 - 20:37
    +5

    I only have 3rd party insurance

    Oh here we go…….

    hoping he would compensate that one week car rental, which is about $210, but he refused, told me to contact his insurance.

    This is correct, its the other parties insurance that is paying for your repair and car rental if they deem it required.

    I am running out of option now, and the at fault driver stopped reply me, what should I do?

    The other drive has advised you what to do, its no longer their issue. You have their insurance details, you have a claim with them already being processed.

    You're just lucky they had insurnace to cover you!

    Who is actually liable for my car rental?

    You at this stage until you can get Bingle to agree on a loan car.

    • illuSion on 25/12/2019 - 20:54
      +1

      I am on my computer all day today trying to find a way to contact Bingle, but I failed. They operate online only, no call centre or online chat service. You are required to log in when lodge a claim, but I don't have their account. Just don't know what to do now.

      Thanks for the clarification btw.

      • brendanm on 25/12/2019 - 21:17
        +1

        Try 1300 735 640

        • illuSion on 25/12/2019 - 21:24

          Thank you so much, I will try it after Christmas.

    • someone12341 on 25/12/2019 - 21:11

      The other drive has advised you what to do, its no longer their issue. You have their insurance details, you have a claim with them already being processed.

      You're just lucky they had insurnace to cover you!

      I have just had a look at the Bingle site and it has no contact details at all. Not sure if this is legal or not…… It's the first insurer I've seen deliberately make it difficult to contact them.

      To the OP I would suggest lodging a case with AFCA https://www.afca.org.au/ who will be able to contact Bingle for you.

      • JimmyF on 25/12/2019 - 21:23
        +1

        They give it out when asked, when googling the number above, you get

        https://twitter.com/bingleau/status/955340330341208064?lang=…

        Which is a post by them giving out the number.

        As a policy holder, I'm sure you have all the details to lodge a claim.

        As the OP said above, you need a login to 'talk' to them. If only there was a way around all this…. oh there is, full comp.

        • illuSion on 25/12/2019 - 21:26

          Thanks, I will try this number

      • illuSion on 25/12/2019 - 21:26

        Thank you! I will try the above number, if no luck, I will lodge with AFCA. Thanks!

    • sal78 on 28/12/2019 - 10:35
      -3

      3rd party is compulsory for everyone

      • whooah1979 on 28/12/2019 - 10:38

        3rd party property isn’t compulsory in NSW.

        • JimmyF on 31/12/2019 - 15:54

          or VIC

  • Typical16-bitEnjoyer on 25/12/2019 - 23:32
    +3

    The other driver's insurance indemnifies them. Not you. Your claim is against the other driver. Not their insurance company. ~$200 bucks? Not worth your time.

    You can call them. You'll waste your time.

  • o53djz7qTPY4der on 26/12/2019 - 07:10
    +10

    You're worried about $200?

    Surely you considered this when only taking out third party on a 40k car?

  • haimrevolution on 26/12/2019 - 07:38
    +1

    Wow it’s amazing to see how many people defend the driver at fault and really have no clue about how insurance or accidents work. Sorry you copped flak from some of the community.

    On another note you really only have 4 options

    1) contact nrma and see if they will help. I know people who don’t have comprehensive with them but they help you reclaim
    Costs as you are their member and they want to earn brownie points with you. Suncorps site has some bingle emails and info listed here:

    https://www.suncorpgroup.com.au/uploads/FINAL%20-%20Complain…

    Perhaps calling Suncorp will yield a resullt given they are the underwriters for bingle?

    2) contact bingle any way possible, contact form on website or Facebook or twitter or phone or wherever you can

    3) send the party at fault a text or letter saying that you feel it is unfair and are happy to come to some agreement of a payment plan. Explain you did this only a very small portion of the time and why you needed to hire a vehicle

    4) take them to small claims court or get a lawyer to deal with it. You could potentially threaten the at fault by telling them if they don’t pay then you will refer it to your lawyer whose fees will also need to be paid by them. My guess is this May get the desired result

    Also if strapped for money for the love of god get far far away from nrma. Maybe youi or something like that. I’m with Bendigo bank which is run by stGeorge I believe. Cheapest by far for me by around 600 for comprehensive.

    Good luck

    • 82norm on 26/12/2019 - 08:58
      -2

      Your suggestions are delusional. Seriously delusional!

      • CMH on 26/12/2019 - 13:19
        +9

        Not sure why you got downvoted 82norm.

        These suggestions are 100% delusional and won't lead anywhere except to waste OP's time.

        1) NRMA won't come to the party at all, no matter how much you plead. As soon as they check the record and find OP has only TPP you will be talking to a brick wall.

        Suncorp underwrites Bingle but won't deal with their issues like this.

        2) trying to contact Bingle is the only sane advise here.

        3) the other party has already told OP to bigger off. Writing another letter isn't going to change this.

        Also, they have told OP to contact their insurer. As soon as that happens their insurer is your point of contact. Any letters you write to the other party directly will just get forwarded to the insurer anyway (or they should be!)

        4) same reasoning as above. Bingle will just meet you at court. You could win though, and Bingle could just pay you to avoid court, but see #2 first about contacting Bingle.

        • 82norm on 26/12/2019 - 22:40

          No idea either and I couldn’t care less 😊. Given OP chose to get a hire car out of his own discretion, choice, decision and then expecting someone to pay for it is ridiculous. Yes, it’s bad OP was not at fault, yes it’s bad his out of pocket, I’m not disputing that….. but the concept of just making an inquiry to a lawyer is going to exceed $200 to start with. Then the idea of “hey if you’re not going to pay up, I’m also going to sue you for costs….. really??? The legal system just doesn’t work that way. Some people need to grow up with their suggestions and get a reality check.

          • brendanm on 26/12/2019 - 22:42
            +3

            @82norm: It's legally up to the at fault party to make op "whole". This includes paying for a hire car.

            • CMH on 27/12/2019 - 01:59

              @brendanm: Nobody is disputing that fact.

              However this list of "suggestions" will just make OP run around wasting time.

        • haimrevolution on 27/12/2019 - 07:22
          -1

          If these suggestions are delusional then why have they worked for people I know before then. The only delusional thing in here is half the community that attack people for no reason and feel entitled

          • CMH on 27/12/2019 - 12:47

            @haimrevolution: Sure, #2,3 or 4 could work in a very roundabout way when an email to their claims department would have done exactly the same thing.

            They all end up with someone getting in contact with Bingle.

    • Diggins on 27/12/2019 - 20:26

      you are an expert but you dont even know a definite way to contact bingle lmao?

  • staunts on 26/12/2019 - 08:19
    +4

    One thing I’d like to add. You mentioned that the repairer said the repair was noticeable ? You should not accept the work if not happy with it. This happened to me in the past and was able to negotiate a better result.

  • Ughhh on 26/12/2019 - 10:08

    I was able to claim the repair from at fault driver's 3rd party insurance

    How did they communicate with you to proceed with the repairs?

    Just texted the at fault driver today, hoping he would compensate that one week car rental, which is about $210, but he refused, told me to contact his insurance

    That is true. If he has already paid his premiums and excess, he doesn't need to deal with you anymore- one of the pros of insurance so you don't have to do the legwork yourself.

    • whooah1979 on 26/12/2019 - 10:19
      +2

      he doesn't need to deal with you anymore

      They still have to respond to a letter of demand or at least forward it to their insurer.

  • Ken1977 on 26/12/2019 - 10:11
    +1

    I had an accident with a bingle insured driver, they backed into my car when I wasn't at home and left a note. After speaking with Bingle (the other drivers insurer) I chose a repairer from their list and told bingle who and they booked it in, I requested they pay my Uber to and from repairer, They said no problem. There was a problem with the repairer I chose and they did a poor job. I told bingle what was going on and they said if I needed them to assist with the repairer I chose then they would. I called repairer and they said they would fix repairs again and also fully detail my car. I told bingle if repairs weren't done satisfactorily I would prefer to choose a different repairer, they said no problem. Repairs were done and bingle paid for Uber back and forth to repairers again. Bingle seemed pretty helpfull to me, I'm with Shannon's and didn't even need to call them. I could have asked for loan car from bingle but didn't need it as it was a spare car that was damaged.

  • WayneSpoon on 26/12/2019 - 11:48
    +23

    I normally refuse to comment on stuff like this but there is so much misinformation on this page it's stupid.

    OP, email [email protected] with the claim number in the subject line. Send them the receipt for the hire asking for reimbursement and have them review it for you.

    The other driver has lodged a claim with their insurance, Bingle would now be representing the other driver so the other driver has no reason to compensate you for anything and them telling you to contact insurance is exactly what they should be doing.

    • capslock janitor on 26/12/2019 - 13:53
      +2

      THIS. 2 hundo aint no waste of time.

      Just get the emails rolling in spare time/on the toilet etc.

    • illuSion on 29/12/2019 - 00:39

      Thank you, I have got their phone number from above replies, but an email will definitely help.

      I just wish Bingle could put their phone number or email on somewhere obvious. LOL

    • Butt Scratcher on 30/12/2019 - 07:31

      Yeah I agree that there's a lot of misinformation here. Some of these terrible advices are highly upvoted too…

  • Rumbaar on 26/12/2019 - 11:59
    -1

    3 Months to get a car fixed … wow. Anyways, that rental should have been included in the 3rd party claim that was the final repair.

    • illuSion on 29/12/2019 - 00:36

      Tell me about it, smh.

  • DiscoJango on 26/12/2019 - 13:40
    -5

    Hey guys, i went to buy a home brand coke the other day for $1 but someone took the last one, which forced me to buy a real coke for $3. I talked to them and explained they owe me the $2 difference, because i had to buy the more expensive coke because of them. they punched me in the face and walked away. what should i do?!?!

    DiscoJango on 26/12/2019 - 13:40 (Collapsed - Offtopic. Show)
    • haimrevolution on 27/12/2019 - 07:26
      +2

      Maybe actually talk about the topic here rather than make up super poor analogies that don’t work and think you are smart really when you are not

  • Donaldhump on 26/12/2019 - 14:26

    In reality the at fault driver is liable and should deal with bingle to get them to reimburse the driver, or face being sued but I doubt would bother

    The ops shouldn’t be out of pocket so nfiwhat hybroid above is saying.

    • CMH on 26/12/2019 - 14:58
      +1

      In reality the at fault driver is liable and should deal with bingle to get them to reimburse the driver

      But in actual reality Bingle has taken over from the driver so the driver just passed everything to Bingle and they will deal with it as they see fit.

      This includes deciding they're not liable and not paying out.

      Suing the driver is an option, but it's Bingle that you face in court. If the court find the other driver liable, Bingle will then pay. The driver doesn't give 2 s**ts about what you'd like once they involve their insurer.

      • haimrevolution on 27/12/2019 - 07:31

        This is simply not true. Bingle is not liable the at fault party is. Bingle owes nothing the at fault party does. Whilst insurance is an option for payout of OP bingle appearing at court is as good as you sending a friend from another country to court for you.

        • CMH on 27/12/2019 - 12:41

          Google subrogation.

          • haimrevolution on 27/12/2019 - 19:18

            @CMH: This is not an example of subrogation. subrogation would be if Nrma paid OP and then sought reimbursement from the at fault party.

            Subrogation is not acceptance of the at fault party’s claim and subsequent payment it doesn’t work that way.

            What would be the result if bingle refused to pay the rental car expenses as the legislation of a claim is that both parties come to an agreement which is typically recorded or signed for. Since the claim was already agreed upon (hence the repair) OP can’t assume that bingle will accept it as the onus goes back on the at fault driver not bingle. Bingles contract is with the at fault driver not OP.

            • CMH on 27/12/2019 - 20:38

              @haimrevolution: Let me quote the first thing that comes up on google when you actually do google it.

              the substitution of one person or group by another in respect of a debt or insurance claim, accompanied by the transfer of any associated rights and duties.

              And your quote

              subrogation would be if Nrma paid OP and then sought reimbursement from the at fault party

              I think someone has comprehension issues.

              My comprehension states that the substitution of one person or group (ie the other party) by another in respect of a debt or insurance claim (ie the insurer) accompanied by the transfer of any associated rights and duties (ie repairs and car rental costs).

              This means that Bingle has taken over the case from the other party and will pay anything that's legally due. It also means that if there is any argument about what's legally due, then to the courts it is and if the courts decide this 1 week rental is legally due, then Bingle will pay it.

              What would be the result if bingle refused to pay the rental car expenses as the legislation of a claim is that both parties come to an agreement which is typically recorded or signed for. Since the claim was already agreed upon (hence the repair) OP can’t assume that bingle will accept it as the onus goes back on the at fault driver not bingle. Bingles contract is with the at fault driver not OP.

              Now, if OP did sign a piece of paper saying that the repair is the full and final settlement of the issue then OP has no further recourse. That also means that OP can't even chase the other driver for these costs (that's what full and final settlement means).

              But this part about claims being "already agreed upon" is separate to the whole issue of subrogation, which is what you brought up in the following quote.

              Whilst insurance is an option for payout of OP bingle appearing at court is as good as you sending a friend from another country to court for you.

              And to be clear:

              Subrogation is not acceptance of the at fault party’s claim and subsequent payment it doesn’t work that way.

              This is true, and not the point. Bingle has the right to say "You're not entitled to that" and not pay out. However the other driver has basically handed off their liabilities to Bingle as per their agreement when they purchased the insurance, hence subrogation, and it will be Bingle that turns up in court. You are right that the other party is liable for all that, but Bingle has assumed those liabilities and will fight any liabilities in the other drivers' stead.

              • haimrevolution on 28/12/2019 - 07:59

                @CMH: As I said this is not subrogation. They have not given up their rights to bingle they have made a claim to have them sort it. Believe me this is not how subrogation works. Subrogation doesn’t rely on your interpretation it relies on the actual legal meaning.

                https://legaldictionary.net/subrogation/

                In the link above it clearly defines subrogation which requires the right to a legal claim. In this case the OP is legally claiming from the at fault who has asked for bingle to pay them using their insurance. This is a benefit the at fault either takes up or doesn’t. The at fault has 0 rights in this respect as they clearly owe the debt for being “at fault”. Subrogation relies on processing a legal right which has not occurred. The at fault had no legal right as they admitted fault. All that has happened is bingle has paid out the claim. Whether this was to their client or OP is irrelevant and it could have been either way

                There is no reason why bingle can’t wipe their hands of the matter and make the at fault go to court if OP claims as they have no obligation to go to court as the at fault party is deemed at fault

                For more information go here: https://www.cleverism.com/what-is-subrogation/

                Completely at fault parties can’t subrogate as they have no legal rights to a claim

  • eggles01 on 26/12/2019 - 15:09

    have you thought that you can make application with bingle insurance and open an account with them then you can do what you want to do and get in touch with them from your account,

  • derpdeder on 26/12/2019 - 16:38
    +2

    Your claim is against the individual who caused you damage. That individual's reaction is understandable - they are insured and expected their insurer to take care of the claim in its entirety.

    If you have decided you want to pursue this, you need to write a letter of demand to the individual. It is on them to refer it to their insurer to pay. If they do not respond to the LOD, you take it to small claims. Winning the small claims case will not be hard.

    It is then on the other party to either fund the small claims determination or get their insurer to pay it over. Make it their problem to sort out, not yours.

  • trapper on 26/12/2019 - 20:14

    Ultimately you could sue the other driver and win. His insurance will cover this though so that won't be necessary.

  • Eeples on 26/12/2019 - 20:35
    +2

    Sounds like a lot concern over $210 when the car is worth 20,000-40,000 and you got 3 months car rental for free.

    Maybe you should keep your head down.

    According to this you may have only been entitled to $5000 or $10000 through claiming on your NRMA policy.

    https://www.nrma.com.au/sites/nrma/files/nrma/policy_booklet…

    Maybe you would have been better off suing the dude for $40k in court.

    • CMH on 26/12/2019 - 20:52

      Gotta ask what car it is first.

Login or Join to leave a comment
Login Join