Help needed! Who should pay my car rental?

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!

Comments

      • OP says it was a 40k car.

        • I can tell you my car's worth 40k too.

          What I didn't tell you is that I bought that 5 years ago from a guy that had it for 5 years and the guy he bought it from paid $40k for it.

          So it's worth $40k in my eyes.

          • +1

            @CMH: It is what the OP said it was worth when comparing similar cars on carsales.

            But the point I’m making is if the max nrma are going to pay out is 5k or 10k and that was for repairs ………He may have done better not claiming but going to court.

            • @Eeples: Totally missed the part he said comparing to carsales.

              Redbook is what insurers go with, and they will make a compelling argument. OP will have to show that cars like his will SELL at that price, not just advertised for it.

              Also, he will have to show that the car cannot be repaired for less, or that it's a statutory write off. "It will not be the same again" isn't good enough otherwise I'd be suing for a replacement car for every minor bump.

              OP could have gotten a couple of quotes, at least 2 to counter Bingle's possible argument that their workshops could have repaired it for less. Not legally required of course, feel free to rock up with just one.

              In any case, too late for OP, car has been sent for repairs.

          • @CMH: I paid 80K three years ago for this car, and I could find a few similar cars (same model, similar add-on, similar millage) on carsales listed around 45K-50K. That's why I think my car is worth around 40K.

  • +5

    Surely that $200 is nothing compared to the thousands you saved from not having comprehensive insurance though…

    • Maybe but not the point.

      • +1

        It's precisely the point.

        The OP made a financial decision to not get comprehensive. They have done this knowing that certain things will not be covered or be harder to recover.

        Due to not having comprehensive it's now the OPs responsibility to chase up the $200 or suck it up.

        • -1

          You said it's precisely the point yet you concluded by saying he needs to chase it up which is exactly what he's doing.
          let me break it down. OP took a risk by not having comp insurance. I'd say suck it up if the accident had been his fault or other driver not insured and therefore the risk he took came true. BUT the accident was the other party's fault and he can therefore claim it from the other party's insurance. Pretty simple really. Despite the usual nonsense responses here, he will get his rental cost from Bingle. So whether it's 200 or not it's irrelevant

          • @gimme: I don't disagree with you.

            I am simply saying, getting that $200 might be a little harder without comp as the OP has to do it himself.

            I guess what I am saying is, $200 is nothing. The energy, effort and time spent on chasing it up might not be worth it. It may be better to just write it off as an expense of not having comp.

            • @o53djz7qTPY4der: Funny thing is that it's a 2 min job to send and email aling with receipts and he'll get reimbursed. But as it's all too common on Ozb and/or life people will overcimplicate simple transactions. On Ozb in particular it will turn into some soapbox opportunity for the self righteous.
              How do i know this? Because I've been in the exact situation and took me no time to sort it out.

              • @gimme: You can go on to Bingle's site and have a look yourself, unlike other insurers, it really hard to find their contact details on their website as they operate purely online.

                I am not trying to over-complicate things and thanks to some other Ozbargainers I now have their phone number, which no where you can find on their website.

                • @illuSion: I'm aware. Wasn't referring to you but the general advice. Now you have an email address and phone so it should be pretty simple.

  • -1

    Well you chose not to pay for having a rental car with car insurance so you need to pay for it. It’s very clear when you sign up that if you want a rental car you need to pay extra and that’s even if you pay for comprehensive.

    • That's if you are at fault. OP wasn't at fault.

  • https://itwasntmyfault.com.au/

    it works as long as its not your fault

  • You have 3rd party only on a $40k car?

    • OP spent all their money on holidays and mobile phones.

    • I have had comprehensive insurance all my life, had to switch to 3rd party due to financial reason. I have been trying to avoid driving it while I was having 3rd party insurance, my wife normally drives and picks me up but she had to work in a different hour that day.

  • I was just in an accident recently which i was not at fault and i want to share my 2 cents, i am not a professional in this manner but i want to shed some light on what i've done in this situation. You should never go out of your own way to hire a car without the help of your own or their insurance, as others have said you did this willingly and at your own cost without an agreement from either insurance company. In most cases, you are allowed a hire car for a specific duration from an insurer if you are not at fault or if your policy says so. In my case i claimed a 14 day car hire from Budget (for free) then i claimed a car hire from RACV (at fault party) for the remaining duration of my repairs. RACVs policy states you are entitled to a car hire for the full duration of the repair if you are not at fault and the at fault party is insured with RACV, Budget on the other hand only allows you 14 days max. Hope this helps..

    • The at fault party is liable for car hire. If the repair took 3 months they are liable for 3 months.

      I'm betting the "free car" OP got is actually charged to Bingle in the repair bill. This is not uncommon.

      RACV or any other insurer can write up any policy they like for the 3rd party, but as they are not their client and have not agreed to any of their policies, these policies won't hold up in court when you sue them for costs.

      They are however very effective at intimidating people who don't know how it all works.

      Because of all these underhanded tactics I usually just go to the not-at-fault mobs.

  • This question comes up a few times a year. Here is one from last December.
    https://www.ozbargain.com.au/node/421811#comment-6683737

  • -1

    Letter of demand to the other party and ask them forward it to the insurance.

  • if you hired the car yourself and didnt go through a smash repair/panel beater. i dont think you will be able to get reimbursed

  • OP, I was curious on the process of initial insurance claim. So, you got person car rego and contacted Bingle? DId other person need to tell Bingle that it was their fault? I have 3rd party only at moment. Thats why just want to know the process.

    • In my case, the at fault driver had to contact Bingle himself, then he provided me with a claim ref number, I then towed my car to a smash repairs near my place. I give them the claim number, and they took care of the claim process for me.

      But my advice would be get comprehensive insurance unless your car isn't worth much. I learnt from my mistake and got a comprehensive insurance right after I picked up my car.

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