Not at Fault, Other Party Failed to Provide Details

RtN on 14/12/2020 - 16:22

Hi All,

my partner got scraped as a ute backed out of a parking lot without checking. The guy said "something along the lines of sorry these things happen, take my rego it's attached to my name and then said he has an appointment then ran off"…… now he claims he has a witness after police called him….. he was alone and in the wrong. This is essentially hit and run.

We have comprehensive insurance but our insurer (NRMA) said we need his contact details?

I thought they chase these up themselves…

What do I do here? It's pretty obvious we got scraped as it is a line on the bumper. He didn't take any of her details so obviously at fault (I mean if I wasn't at fault I'd try get the details off the other person).

What do we do now?

Automotive Car Insurance Insurance

Comments

  • jimbobaus on 14/12/2020 - 16:31
    -3

    Literally says it in your policy that you are obligated to get the other parties information:

    Collecting the details
    You need to collect these details if they apply to the incident:•for all drivers:
    full name
    residential address,
    and contact number

    for all vehicles that are involved:–
    make and model
    registration number,
    and insurance details

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

    • RtN on 14/12/2020 - 16:43
      +1

      Well he ran off… she was alone what was she to do? If I was there I am not sure if I can physically detain him either.

      • jimbobaus on 14/12/2020 - 16:48
        +1

        Yeah but what i am saying is you will have to treat it as an "at fault" claim if you can not provide that information.

        • TilacVIP on 15/12/2020 - 08:38
          +1

          I wonder if all insurers are the same or some will accept just the number plates and then they investigate, because this is a nice little loop hole for them not to provide a claim, making you do the claim as if you were at fault / unidentified accident. BS if you ask me.

          • Noblejoker on 15/12/2020 - 11:18

            @TilacVIP: Nope - all insurers are the same - up to you to collect details
            If they won't co-operate take photos of everything and file a self-reporting accident form with police (that is what it is called in NSW at least)

    • FreeUyghur on 15/12/2020 - 14:42
      +1

      do we really need contact number ?

  • tsunamisurfer on 14/12/2020 - 16:32
    +3

    The correct protocol is
    a) get the other party's driver licence details, take a photo.
    b) take photo of his and your car's damage, inc registration.
    c) Look for witnesses immediately if any.

    If you only did b) you haven't identified the DRIVER of the vehicle and only assumed the owner is the driver on the day.

    Ask police if they will give you the required information, and only then they will give you the owner, if the driver is different and they want to play silly-buggers then you are going to have to work hard to claim.

    • Mike88 on 14/12/2020 - 16:52

      Good points, however I wouldn’t agree to someone taking a photo of my license for privacy issues. Happy to show and let them write down the details.

      • [Deactivated] on 14/12/2020 - 17:12
        +2

        What is the difference between a photo and writing everything down?

        • kerfuffle on 14/12/2020 - 17:19
          -3

          You don't write down a photo or their card number. You could also use the photo you took of the driver licence for identity fraud

          • MS Paint on 14/12/2020 - 17:24
            -1

            @kerfuffle: Speak for yourself.

            • kerfuffle on 14/12/2020 - 17:26
              -3

              @MS Paint: As someone who's been in four not at fault accidents, I actually can; thanks.

          • [Deactivated] on 14/12/2020 - 18:42
            -1

            @kerfuffle: Why would you not write down their card number?

            That is something I would absolutely write down!

            Photos can be obtained from LinkedIn/Facebook, and if you're making a fake ID you would use your own photo and not theirs…

            • kerfuffle on 14/12/2020 - 18:45
              -2

              @[Deactivated]: You clearly don't know the difference between a card number and a licence number, however you're from Victoria, so maybe card numbers aren't a thing down there.

        • Mike88 on 14/12/2020 - 17:38
          +2

          Identity theft, they don't need a photo.

    • bohn on 14/12/2020 - 19:58
      +2

      You are not required to even show your licence. You are required to provide your particulars, but you do not need to show them your licence.

      These are the legal requirements
      The driver of every vehicle involved in an accident must:
      - Stop at the scene of the accident
      - Give their details including their name and address, the name and address of the vehicle’s owner, and the vehicle's registration number (or any other information necessary to identify the vehicle) to any other driver involved, any person injured (or their representative) or the owner of any property that has been damaged

      • tsunamisurfer on 14/12/2020 - 20:04

        How is the other party to know for sure if I am really Bobbi Brown from Browntown postcode 007 ?

        • bohn on 14/12/2020 - 20:05
          +1

          They don't.
          And it is wise to ask them to show you their licence so you can verify for yourself, but, under the law they do not need to present it to you.

          I also remember David Whiting saying this on the ABC legal show.

          edit: https://lawhandbook.sa.gov.au/ch01s03s01.php re legal requirements

          • Zachary on 15/12/2020 - 23:29

            @bohn: So you're telling me I could do a hit and run and get not worry about paying the other guys car because they dont know where I live or what my real name is as I refused to show my drivers license so they can see that my name is indeed "Zachary" and not "Bob" and that the adress is indeed 123 fake street wa perth 666??

            • bohn on 16/12/2020 - 10:42

              @Zachary: You can definitely give those details.
              They will still have the rego of the car and a description of you for the police I guess.

  • pharkurnell on 14/12/2020 - 16:42

    Your screwed… unless you hire a few witness' of your own.

  • Drakesy on 14/12/2020 - 16:47
    +3

    Hopefully your insurer pulls through, bit of a dog act from the ute driver.

  • WreckTangle on 14/12/2020 - 16:48
    +1

    Can the police do anything?

  • MS Paint on 14/12/2020 - 16:50
    -1

    Insurance companies are not detectives or private investigators. You need to get all the details at the scene as per the PDS which you agreed to read when you signed up for insurance.

    Was your wife stationary in a car space or moving/reversing herself?

    • RtN on 14/12/2020 - 16:52

      Stationary in the parking lot road, guy reversed out of a space. She was actually going to reverse to let the guy out too!

  • Seraphin7 on 14/12/2020 - 17:18
    +7

    So the first thing to do is lodge a police report, informing them that the person in question failed to exchange details at the scene of an accident.

    Provide relevant report details to your insurer and seek advice from them. These things happen relatively frequently.

    To look at the situation holistically, insurance companies can't rely solely on a rego number. If this were the case, people would just send in random rego numbers trying to get a claim pushed through.

    • RtN on 14/12/2020 - 17:44

      An update guys I think she's managed to get the details to lodge the claim through NRMA, however there's a dispute report being made against this claim.

      • Seraphin7 on 14/12/2020 - 18:02
        +3

        however there's a dispute report being made against this claim.

        This is disappointing, but not surprising. I would still attempt to make a police report and provide details to your insurer.

  • avoidfullprice on 14/12/2020 - 17:42
    -3

    So like other said, your partner is responsible for getting the necessary driver's details. but hey, driving instructor doesn't teach that and we don't learn this in school, so let's do us what else we can do to improve change of claim.

    Ask your partner to write down description of that guy, like as if he robs your place. Established the guy who claims to have a witness etc is indeed the driver. Lock in the identity of the driver.

    Next is be clear when, where and how it happened. Write this down. Does she use a smart phone with location tracking? MS Paint that shit.

    You still have to prepare to prove to the po-po your partner is not in the wrong.

    • RtN on 14/12/2020 - 17:45

      Yeah she knows to get details but you can only do so much as a female, and judging by how he's handling this… isn't the nicest guy she'll be dealing with physically.

      • avoidfullprice on 14/12/2020 - 18:59
        +2

        No, this is not gender related. It is experience. I wouldn't know what to do when I was 20s whether I'm a dude or a girl.

        I only learned that at a job induction.

        • RtN on 14/12/2020 - 19:04

          She tried to get details though?

          • avoidfullprice on 14/12/2020 - 19:30

            @RtN: And you thought insurers chase driver details themselves, right? And we all say no, regardless whether your partner is a girl or not. If anything, this is not blaming her not getting the details, but chaging your mindset it is someone else responsibility.

            You asked what do you two do right now, and I say get the driver identified.

            • RtN on 15/12/2020 - 00:34
              +2

              @avoidfullprice: No what I am saying is she tried to get his details.. she asked for it a few times but I am not sure if it is safe for her to pursue him as he ran away.

  • tight-ass on 14/12/2020 - 23:19
    +8

    I had a similar experience back in March this year when everyone started to go a little crazy due to COVID-19.

    I was sitting stationary at a set of lights when the lady behind me came to a stop, however because she was too busy playing with her mobile phone she rolled into the back of me.

    We pulled up around the corner to exchange details however the other driver refused to provide me with anything as she claimed there was no damage & I was trying to extort money from her - there was a very minor scratch. I then attempted to call the police to have them attend & this simply got her & her teenage daughter even more fired up. I ended up getting a couple of kicks to my shins and scratches along my arms before they got in their car & took off.

    It was all captured on my dashcams (front/rear) which also clearly showed both females & the rego of their car. I also got a couple of nice clear photos of them & the car as they drove off.

    A claim was lodged with my insurance company and a police report filed. The police advised soon after they had identified the two females & they were both charged with aggrevated assault, instead of just assault as our young children witnessed the whole thing and were hysterics. The Police couldn't provide me with their details however they could provide this information to my insurance company should they wish to recover costs to repair my car, which they did & no excess was payable.

    • MS Paint on 14/12/2020 - 23:31
      +3

      The old dashcams paid for themselves well and truly. What an unnecessary shite fight.

      • tight-ass on 14/12/2020 - 23:41

        They sure did!

        Which is why I tell everyone if you don't already have a dashcam get one.

        Plenty of people still don't have them & only get them after they have a similar incident or an accident where the other party claims they weren't in the wrong when they are, but without any witnesses or a dashcam it's your word against theirs.

        • kiitos on 15/12/2020 - 10:43

          Yikes, will definitely look to get one now. So it sounds like having a rear camera helped in this situation?

          • tight-ass on 15/12/2020 - 20:47
            +1

            @kiitos: 99% of the footage was captured on the rear camera.

            The footage made life a breeze for the police. They could clearly ID them, the car and also see I didn't do a single thing to provoke these 2 idiots……the urge was there though to put these 2 idiots back in their place. I was prepared to go to court if required, but I'm sure once the police mentioned it was all caught on dashcam they knew they'd be wasting their time.

    • RtN on 15/12/2020 - 00:35

      Yes unfortunately we don't have dash cams installed. We will after this.

    • Zachary on 15/12/2020 - 23:34

      I ended up getting a couple of kicks to my shins and scratches along my arms before they got in their car & took off.

      Should have kicked and scratched them back for self defence….

  • Bab on 15/12/2020 - 07:18
    +2

    Report to the police with other party’s rego no., get the car fixed by paying holding deposit to your insurance and let the police do the rest. It can take a bit longer but you should get your deposit back once the other party is identified. Chase the police for the update. This is what I did in a situation like yours.

    • RtN on 15/12/2020 - 10:27

      Thanks Bab, we did try let the police do the rest . The other party lodged a dispute though so lets see how it goes.

  • OzHunterNSW on 15/12/2020 - 09:47
    +1

    It is a hit and run.
    The police only need to correlate damage to other vehicle.
    Your wife only needs to identify the driver.

    Punks like this need to own up to responsibility…. Cops should do their job.
    Do not pay anything…. have cops and insurance deal with it ALL

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