Car Accident - Need Advice (Have No Insurance)

HI guys

Hope everyone is in good health. I need some honest advice as i am stuck in between some unlucky circumstances. i borrowed my friend's car and had a minor accident with someone on the road. It was my fault, the damage was not much, nothing happened to my car and the other car had the paint off from the bumper which was hardly noticeable.i probably hit him at 30 km/h. Even the bumper didn't lose its clips or anything.
Now the problem is , the other person claimed through his insurance and the car i was driving didn't had insurance. I got a call today from AAMi insurance to pay the car i had accident with, its a astra 2005. The insurance company made it a write-off. The problem now is they want me to pay 4500$. which is way too much?!
AAMI insurance claims its expensive to repair the car and that is why they write it off. I have a video proof of the accident site and i took the video for this sake because i know the insurance can be dodgy. My self i am a car lover, and i know what is write off and how this works. I am not familiar with the insurances companies policies. In the report they also claimed the car has light rear damage and wobbling. Now this wobbling is added on top which has nothing to do with the car accident.

My question is how do i deal with this situation? Can i take them to court? how can i save some money on this matter.

Comments

    • The car would have been insured to his minimum requirement (assuming it was registered). The onus is 100% on the operator of a vehicle to know its insurance status and to not, well, crash it into things.

      • Yep - totally agree, ultimately the driver is responsible for his actions.

  • -7

    OP has every right to get 3 quotes to fix it and pay for the lowest quote

    • +1

      OP has every right to get 3 quotes to fix it and pay for the lowest quote

      One of the biggest myths ever.

      Happy to be proven wrong; show me the legislation.

      • +3

        Agree. Used to work in Settlements and Recoveries at a major insurer. There is not, and never has been, a requirement to get 3 quotes.

        • Myth and nothing more

    • +1

      I'll throw you a bone.

      It is not required, but it strengthens your claim by stating that the quote provided is a reasonable one, if you provided more than 1 quote.

      However it does not mean that you will pay for the lowest quote neither, you pay for the actual repair done, and if it was the most expensive quote, but within reason of the other quotes, you still pay it.

      If you'd like to argue what is within reason, you go to court over it.

    • It's the other way around, the insurer has the right to get three quotes and choose the preferred one.

  • Accept responsibility and pay up.

  • $4,500 is not that worst than $45,000.
    Lesson learnt in 2020.

  • -1

    Just a note, if you pay 4500, you should get to keep the car too.
    So just consider it as you are buying a car

  • +2

    Just rock up at AAMI repair centre with a slab of VB. That will take care of it. Best $45 you've ever spent.

    • Upvoted for hilarity.

      Extra points if you show up in shorts, things and a wifebeater.

    • *> show up with VB
      *> get drunk with insurers
      *> completely forget to talk about the claim
      *> leave drunk and collapse at home wondering what happened

      • +2

        *> have another accident because you were smashed

  • My advice is PAY FOR THE DAMN INSURANCE before you drive your car!

  • If it's a write off, ask for the Astra to be yours if possible and pay the $4500

  • +1

    If its done this much damage to the car you hit, wonder how much damage is under the bumper of your mates car.
    Might want to look in to that and make it right.

    Not that I doubt the insurance assessors but we don't know if or how much existing damage could have been in the Astra, sometimes bumpers pop right back out after backing in to something and there is already damage, could have just made things worse.
    That said you're driving uninsured so you're gonna have to cop it, learn from this and well make sure no one else you know does something stupid like this.

  • Honestly you are probably screwed. The car you hit is pretty old and replacement parts are probably hard to find/expensive. In the grand scheme of car repair costs $4500 is not a large amount, even if it may be for you. Hitting another car at 30km/h can cause a lot of damage given how much a car weighs. There could well be more damage than just the paint on the bumper.

    Ask for an itemised breakdown of the repair costs and see where that takes you. If it doesn’t help than you are screwed, pay up!

    • i personally dont think parts would be hard to find for an Astra.
      but yeah, they should probably just pay the money

  • good case for - dont let people borrow your car
    sorry

    did you talk to the other driver about sorting it outside of insurace or is that to late?
    I had an accident (not my fault) the other driver wanted to go outside of insurance

    so i went to a panel shop, got a quote and got the them to sign that they will pay for it .

    • Did they end up paying?

      • yeah. i didnt have any issues

        the panel shop was really helpful because they must deal with it a lot

  • +1

    To OP, I had the unpleasant experience of being rear ended ( at max 30km/h ….. BS ) and my Holden Astra 2005 was written off, and I got reimbursed $3000. Now on renewing my insurance I had to report 1 claim, the insurance went up, but worst thing is, guess what? I did not find any car even comparable to my Holden Astra for $3000.
    I think you should not drive. EVER !!!

  • +1

    waste $1000 on brand new phone

    $1000 insurance…oh wait i can save here

  • OP, please do the following:

    1. Get Insurance (at least 3rd party)
    2. Drive carefully
    3. Refrain from using your phone

    Consider yourself lucky that it is only $4500.

    Recently I got hit by a young bloke, with no insurance; my insurance claim has been approved, and car booked in for repairs. Whilst my car has (what appears to be) cosmetic damage, the repairer indicated that the chassis may have been damaged due to the hit to the tow bar. If the chassis is not repairable, I will get a new car as its still less than 2 years old. This young bloke may now find himself paying a high price (i do not want to mention the amount else I will lose my Ozb badge) for my new car. Personally, I sympathise with the other driver for the money involved, but he was on his phone, and distracted, hit my stationary car at 40kmph. He is lucky that I did not get severely hurt, though i was concussed by couple of days and lost my earnings, for which my insurance is helping recover.

    And in addition to the car repairs / replacement, he is also liable to pay for a replacement car that I have had for the past 3 weeks, and will continue to have for another few weeks.

    • -3

      Try getting hit by a woman running a red light, doing 105 and t-boning you. I went to work a week later. My god suck it up princess.

      • They did. They only lost out on a couple of days?!

        • -2

          hit my stationary car at 40kmph. He is lucky that I did not get severely hurt

          I was turning at an intersection and a woman that was drinking and driving, speeding ran through a red light and t-boned me. Cops later investigated and said the minimum she was doing was 105. I think that’s a little “tougher” than someone doing a whopping 40km ph, hitting a stationary car (did you study physics with two objects moving?) and whinging about having to take time off work.

          • @Chthonic: so what are you trying to say ?

            • +2

              @bqjt: He's saying that is a very tough guy who you should look up and give him respect

      • +2

        Try getting hit by a LGBTQ+ running a rainbow light, doing 6969 and boning you. I started my own gazillion dollar MNC on the spot. M'Lord, swallow it.

  • OP, your video unfortunately isn't enough to ascertain the extent of the damage. In other words, your video is next to useless as the damage need not necessarily be on the parts that's captured in the video. It would take a car mechanic to examine the car in order to determine the extent of damage.

    You could ask for details on how they arrived at that figure, and then possibly try and negotiate with them to bring the figure down. But that's as far as you could go in my opinion, although others here might know better.

    I sympathise with you, but that's just about as useful as your video because it won't help you.

  • +2

    I know someone who has hit other cars while uninsured THREE times. Each time they had to buy out the other car's full value. Fortunately, the cars have all been 10+ year old low value cars. So, save ~$120 per year by not buying third party insurance, hit a $5k vehicle every 5 years or so. Not a winning proposition.

    Judging by the past track record it's only a matter of time until the driver hits something expensive.

  • +1

    https://moneysmart.gov.au/managing-debt/financial-counsellin…

    'Financial counsellors are skilled professionals. They will listen to your problems and help you with things like: car accidents with no insurance'

  • +1

    $2500 for the value of the Astra, $2000 for the insurance company to keep track and make phone calls.

  • +1

    Everyone on here jumping to conclusions. Pretty disappointed with this community, you guys need to actually read into the issue.

    • +4

      There are literally hundreds of posts stating "get insurance" every time yet these I have no insurance help pleas keep appearing. Each poster seems to think their situation is unique and deserving of some special treatment.

      Please enlighten Everyone on here.

      • This one is unique however as it was their friend who lied and said they weren't covered. As well as the damage cost has been inflated by the insurer.

        • +1

          The friend LIED?

          Indeed you have actually read into the issue and discovered an accusation I didn't see OP make or even suggest at all.

          In relation to the inflated price, I note examples; here, here, here, and here, from members who have experienced expensive repair quotes and believe the amount to be justifiable. This post here even includes a guess at the expensive part associated.

          To be fair, there are posts such as this with logical evidence of the cost being inflated, however, I think this is outweighed by the actual experience of many.

          I can understand your desire for a caring community, unfortunately, in the words of Ben Shapiro; "facts don't care about your feelings". And I think insurance companies care about the facts.

  • The not at fault party would get a free rental car and cab fares between the repairer and car rental facility during repairs that would have had to be paid for by the op. Easy to see why a small hit on a car valued at $4500 would lead to a wright off.

    • A hire car through right2drive costs $200 for a week. Cabs would be unreasonable.

      • I had a not at fault accident recently and I received a thrifty rental car and taxi fares between the repairer and thrifty. Went through my own comprehensive insurance. No excess.

      • If that's true that'd be the lowest invoice / demand I've ever seen from a group like them.

        If the other person is insured, you can go through that insurer for a hire car arrangement or a direct reimbursement of your hire car expenses and it's far cheaper for everyone.

        • Sadly I hit someone and this is what it ended up on as the bill. Think it was $230 total.

      • +1

        I don't think that's correct.

        My last bill for car hire through a similar mob came to $1.4k for 2 weeks. Their insurer (AAMI) decided they won't pay.

        Interesting times. Don't mind going to court tho, this person at fault was driving like a maniac at peak hour.

        • +1

          This is actually being tested in the industry right now due to how many of these extortionate hire car companies are springing up.

          People don't read the contracts and just sign, not knowing that they are up for the huge rental costs if the insurer refuses to pay.

          Insurers are now paying industry rates (hertz, euro, Avis, etc.) and the rest has to be paid by the renter.

          Hot tip: rent a car from hertz or similar and they'll reimburse you in full.

          • +1

            @imurgod: They have assured me before and after that there will be no costs to me even if they lose the case.

            Have it on record, so I'm not worried.

            • @CMH: That's good.

              Notwithstanding, if you signed a contract, read it to make sure.

              Often the phone and counter staff don't know the contract at all.

              • @imurgod: I'll update, but I've yet to hear of someone needing to pay up because insurance refused to pay.

                Worst case I've heard involved a guy that was found at fault, and even then he just had to return the car immediately. No charge for 2 days hire.

                Still… Don't want to be the first.

                • @CMH: You're probably right, but I know that they are starting to use "Fair and reasonable" to pay market rates and the courts are starting to accept it (they probably always did).

                  I have seen 3 so far that have had to cover the shortfall and the hire car company (same one in every case) has relied on the contract to enforce it.

                  Just make sure there's nothing they can hang you by. If you find anything and want some help, let me know.

  • I would love to see posts from people who have been in accidents but their insurance took care of them and they weren't out of pocket, those would be nicer stories.

    • its hard as u need to pay minimum excess (Not sure if that is the case even if its not ur mistake)

      • If you're found not at fault you don't; at least, that's what happened to me…

    • It's going to sound like a Schill piece for each company.

    • +1

      Car ran into back of my car in a 40 zone whilst on his phone a couple of years ago. Driver uninsured. Gave the insurance company the run around with multiple lies and not responding to calls or letters. Insurance took him to court and won repair plus court costs.

      How's that?

    • +1

      ill post mine,

      • almost a year ago, I was pulling into a roadside metered car park, as I was pulling forward into the spot, the driver behind me must have not seen me and hit me in the side

      made a claim, my insurance company was seeking 100% damages, as the damage showed that he was at fault,

      pretended he couldnt speak english, then changed story to he wasnt driving, to I reversed into him,

      my car took about 10 days to repair and I had to pay the excess to release the car, which was $1200

      denied denied denied responsbility, until went to litigation, their insurance company was seeking 50/50 responsibility
      my insurance company went in seeking 100%+ legal fees,

      apparently they settled on 85% + legal fees

      I got an email a few days ago saying my excess was being returned to me

      Accident was March 2019

      • different car, 2 years ago, car got damaged with hail quite badly,
        took car to insurance assesor,
        within a week, they had picked up the car on a trailer and arranged payment for a full write off,
        Car value was $8k, payout was $11 or $12k, not sure why it was that high,

      only problem was the car reg had been paid for a year just 10 days before, they told us if we cashed out the registration, they could cancel the payout, so we didn't

  • +1

    Moral: Some mistakes are quite expensive 😒

  • +5

    My wife was a victim of an insurance scam before and it involved AAMI insurance. Someone claimed she was in an accident and hit and ran. The had the details of the car, time and location where my wife usually drives to work. Long story short AAMI threaten and said things like "we've investigated" and determined that "she's at fault" without providing any further evidence. She was also with AAMI insurance at that time.

    Long story short… we got Ombudsman to be involved and AAMI issued an apology letter at the end of the debacle..

    • That is disgusting. Do you know what happened to the fraudsters?

      People get caught a lot nowadays.

      • I have no idea.. Then again think with the nanny state that Australia is, I'm guessing they just tossed the claim away without pursuing the fraudsters.

        This half lie, half truth claim is very dangerous. They knew she passed the road at a particular time, knew the xar details and described the person.

        I've also had a friend once who lived in point Cook that was accused to be in an accident and got a call from a cop from Boxhill. They got the constable name just to see if it was a scam, but the constable existed.

        Not sure what happened but they had to bring the car to the coppers to check immediately and dodge a bullet there.

        • Nanny state is right. Things will get worse before they get better.

    • People who lie in things like WorkCover or in CTP claims can get brought up for fraud by the relevant enforcement bodies.

  • +3

    Third party property insurance should be compulsory in Australia. I always get TPP cover for my cheap used cars I own. At least you are covered for damage you cause to others property/cars.
    Yearly premium ranges from $100-$200 depending on location.

    • you must have a perfect driving record to get it that low.

      • Your driving record is a risk factor. Poor drivers are a higher risk.

        Follow the road rules and you'll save on both car insurance and CTP.

    • Can you tell me your insurer. I'm looking for third party cover.

      • I got full comp for $250-ish.

        https://imgur.com/a/Aj2IQI8

        Value of car is peanuts though, and as others pointed out it might be a bit undervalued but it's an old car so we don't mind.

        Main thing is it's covered.

        • +1

          I don't understand how it can be that low. I just got an online quote from AAMI and the quote was $496 for comprehensive.

          I wouldn't get comprehensive anyway, but the third party property quote is $258.

          But then I see that third party covers me up to $5000 if an uninsured driver hits me. I wasn't aware third party insurance covered this.

          • @cerealJay: Simple. It's a one owner corolla with no claims in a safe age-bracket in a good neighbourhood.

            • @CMH: I figured out how to get the quote down to $250-ish.

              Need to be old, female, and drive a boring car less than 5,000 km per year.

              I don't tick any of those boxes unfortunately!

              • @cerealJay: I'm not old, but not under 25, m, and AAMI doesn't ask how much you drive (or I don't remember them asking).

                But yes, it's a boring car. I did put good, fat tyres on it so it's kinda fun round the twisties.

                Upgraded to a newer car now, unfortunately insurance is now up to the $800 mark with this one :(

        • Thanks a lot. That really helps. I was searching for insurers for a while. AAMI was perfect in the end. Their comprehensive with high excession ended up cheaper than third party only. I paid $375 for it. I have old car. Mainly need to cover for scenarios like this thread. I was driving without insurance for 2 months. Thanks a lot. All the other insurers were lot more experience.

  • You obviously haven’t received the other driver’s hire car bill yet either

    • why would the driver get a hire car. Only if it is in for repairs. You think they'd give you a hire car for a lightly damaged bumper? lol

      • +4

        Yes, if your policy allows for it you can have a hire/loan car as soon as your own car is unavailable which would've been as soon as they dropped it off for assessment.

  • +1

    At 30km/hr, be thankful no one is in hospital in the first instance . Unless you really meant 3km/hr

  • +2

    Doesn't matter if it was a small scratch or a complete write off, the fact is you drove a car without insurance and that's the risk you take. Just be lucky you didn't hit a Ferrari and get hit with a 45k bill instead.

    • +1

      And the rest. My client had a sideswipe in his testarossa….. $120k for the repair… Those gorgeous side fins are expensive!

    • +1

      Will the Ferrari come to my cuz' shop? We'll make you a great deal, you get your Ferrari back faster than before!

      • Would you take your Ferrari to your cuz' shop?

        I only know of one repairer I would trust to work on a Ferrari and they do just about all the ones that I know of.

  • Also if he suddenly developed some back pain and needs to go physio and can't work… It is not just this $4500.

    • +3

      Personal injury is a separate issue.

      State dependent, but would be tied to the yearly car rego one way or another.

      • It's no fault cover.

  • Thought no insurance is illegal ?

    • Only third party is compulsory. This just covers personal injury.

      Some states build this into the yearly rego cost.

    • +2

      no ctp is illegal

      no third party property damage is illogical

      • +1

        Third party property should never be compulsory. If you want to protect your own property, buy comprehensive insurance.

        Just having insurance cover does not ensure you can or will make a claim anyway.

        • Not only that, but then you'll pick up the bad drivers' risk as well and premiums will go up as a whole for everyone.

  • -2

    Sounds like you're not telling the truth and are under exaggerating

    • +1

      why would i not tell the truth?!

  • I had someone back slowly into my old astra onces, put in a small dent and a scratch.. Told them not to worry about it.. cars paintwork was terrible anyway

    • +1

      once I had a guy hit my bumper at 20/30 in traffic, the paint cracked. He had no insurance and a pos but was very apologetic. I didn't want to go to a panel shop because I was paranoid of other people driving my car and pissing on the seats (missing work etc) so I found a mobile touch up/ spray painter that came to my work. Sprayed it and blended to the rest of the bumper by home time. Looks very good and the guy from the accident sent me the ~ $300 to my bank, he got lucky and I didn't get my clutch burned at the panel beaters

      • You're a lucky one. Most collisions result in damage, a lot of them as there is so much exposed paint on the edges that looks poor afterwards, also deformation

        Most bumpers are energy absorbing and are tested to prevent damage to the car at speeds up to say 10kmh. Good ones have moving bumpers mounted on large shock absorbers designed into the frame of the car to reduce parking and minor collision damage. If direct (eg nose to tail), and no sharp point of contact, even the painted bumper cover itself can escape undamaged.

        But most use foam, polystyrene and deforming brackets which are cheap but are often expensive to buy/replace. You can bend some back and repair covers, but repainting a bumper cover properly is a specialised task which is often done in the same way they paint panels, so the paint is not flexible and damages easily from that point on.

        • yeah I forgot to mention I have a towbar, actually forgot it when I was writing the reply, and now that I think about it my towbar put a hole in his radiator too so I actually felt worse for the guy then my scratched bumper.

          • +1

            @monkeyfood: Now it adds up.

            So the steel took the load and transfers it to the subframe at the rear. If the forces necessary to stop the other vehicle, minus the ability of the other vehicle's structure to absorb them internally, your car can survive better. The problem is when something in the other car doesn't want to be stopped, and the forces coming through the tow bar crack seams, pop welds, or deform structural stuff.

            I like tow bars, if they didn't make the car heavy at the rear I'd always have one. But there are times you don't want one, like if you back into an immovable object with one. Even a small impact like this can write the car off, instead of just a bumper.

  • Of course they wrote it off! Quick solution for them and: they bill you the full amount they owe their client; they charge the client $500 excess; they cancel the cars policy and pocket any remaining money on that; and they sell the car at auction and keep the money they make there. You've done them a huge favour!

  • The problem now is they want me to pay 4500$. which is way too much?!

    How do you know? YOU don’t get to make that call…

    My self i am a car lover, and i know what is write off and how this works.

    Perhaps but only a repairer can make that call. It usually isn’t possible to tell from minor fender benders until they get the car up on a lift to look at underside damage.

    OP, call the insurance offer to settle at 3K or something or pay it off over time. They’ll take you to the cleaners if you do to court.

  • -2

    It's funny how you think you have the right to know what you're paying for

    Imagine if you hit a luxury car like a lambo or ferrari

    You would be looking at close to 20k minimum

    $4500 is too much? LOL yes cause you're an expert at repair.

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