Strange events following smash repair visit.

LAdzzzie on 09/03/2021 - 18:44

Hi all. Have a bit of a strange one, not sure what to do and seeing if anyone else has been in a similar situation.

Sometime in 2019, I was involved in a minor car accident, a lady rolled into my car at a set of lights. Not much damage but seeing as it was a new car I went through insurance. Dropped my car off to the smash repairs (I had choice of repairer on my policy), and a few months later, picked my car up. During this 2-3 months I had a hire car supplied by the smash repairer. Overall, besides a long repair time, I was happy with the whole process.

Fast forward almost 2 years to last week, I get a phone call from the smash repairer saying a lawyer will be contacting me regarding the incident that took place. He asked me questions about the hire car, length of repair etc. I asked what is happening and he said the insurance company is refusing to pay the repair bill supplied by the smash repairer ( I'm assuming the hire car was more than the repair bill), and that I have nothing to worry about.

Yesterday, the lawyer sends me an affidavit asking me to read and sign it. I see my name as a plaintiff and the poor lady's name that rammed me as the defendant. Bit spooked by this I searched my contacts and found her name saved in my phone from the accident a couple years ago. I call her last night asking what is happening. She tells me that she received a letter from me last year, personally suing her for a sum in excess of $30,000! Now I have no idea what this means, and am completely taken back by this news and am quite shocked that someone can sue on my behalf without me having any prior knowledge. I called the smash repaired again today and shared this 'news' and he says it's normal, he has over 100 clients that are in similar situations and there is a slight chance I could end up in court! But assures me this is normal!

Before I sign and send anything back to them, I'm just wanting to see if anyone can shed some further light on this situation, if it sounds 'normal' and what I should do from here. The whole thing sounds quite suss!

Cheers and sorry for the essay.

Automotive

Comments

  • Hybroid on 09/03/2021 - 18:48
    +125

    I don't think you should be signing or sending anything back without some legal advice.

    • oscargamer on 09/03/2021 - 18:59
      +76

      Do nothing without talking to the insurer that dealt with the claim.

    • SF3 on 09/03/2021 - 19:56
      +90

      Hmm… OP spoke to almost everyone, besides the insurance company. 🤔 That’s the strange part.

      • Adzzzie on 09/03/2021 - 20:38
        +12

        Yeah will give them a call tomorrow. Like I said, after nearly two years this was brought back from the dead, will contact NRMA tomorrow

        • p3nf0ld on 10/03/2021 - 23:04
          +2

          The concerning thing is that you are suing the lady for the $30,000. I guess the smash repairer will then send you personally a bill for the hire car and expect you to pay it out of the money. But what happens when she can't pay? Will they send you a bill directly?

          • jv on 11/03/2021 - 11:23

            @p3nf0ld:

            But what happens when she can't pay?

            Depends on what the contract says…

          • bobbified on 11/03/2021 - 18:05
            +1

            @p3nf0ld:

            I guess the smash repairer will then send you personally a bill for the hire car and expect you to pay it out of the money. But what happens when she can't pay? Will they send you a bill directly?

            The lady's comprehensive insurance policy indemnifies her against these claims. So she would forward the bill to the insurer and their solicitors will deal directly with the smash repairer on the matter. If it goes to court, solicitors for the insurer will fight it and if a payment is required, the insurance company will pay on her behalf. Her only obligation is to co-operate with her insurer.

      • KLoNe on 11/03/2021 - 16:58
        +2

        Ozbargain > The entity you speak to to fix the thing.

    • borrisz0r on 11/03/2021 - 07:50
      +5

      Don't be stupid, that is what Ozsolicitor is for. Who needs to pay a qualified person to advise on these sort of things.

      A representative will be with you shortly….

      • Caped Baldy on 13/03/2021 - 08:33

        Sell the car, buy GME.

    • AustriaBargain on 12/03/2021 - 00:00
      +1

      Isn’t a big part of insurance that the insurer covers your costs for you upfront then does all the things you normally would do behind the scenes without you needing to worry about it? This little old lady’s insurer is probably fighting a battle against it behind her scenes too. Wouldn’t surprise me if that’s just how all this works. Sounds a bit like the lady doesn’t have adequate insurance though. Not really OP’s problem though is it, neither how the old lady deals with it and also whether or not his own insurer can recoup some costs or not isn’t OPs problem either. Insurer probably had the right to investigate whether OPs claim was this whole time unlawfully approved or not.

      • sachz on 12/03/2021 - 14:39
        +1

        "then does all the things you normally would do behind the scenes without you needing to worry about it?"

        exactly,

        let ur insurance company deal with their insurance company directly, refuse to do all the middle ground work. its not ur job.

  • garetz on 09/03/2021 - 18:51
    +7

    Talk to a solicitor before signing anything.

  • whooah1979 on 09/03/2021 - 18:51
    +13

    It sounds like the lady's insurer won't pay for the repairs plus hire vehicle. The hire company is now taking the lady to the cleaners on your behalf.

  • robbyjones on 09/03/2021 - 18:53
    +80

    I'd contact your insurer and let them handle it. Don't sign anything and tell the smash repairer to contact your insurer.

    • WhyAmICommenting on 10/03/2021 - 20:39
      +14

      This is the way

      • MrFrugalSpend on 11/03/2021 - 00:12

        This is the way

        …the mantra had to be repeated by someone - Mando

        • DeToxin on 12/03/2021 - 12:23
          +1

          This is most definitely the way

        • MrFrugalSpend on 12/03/2021 - 22:29

          what kind of humourless sap downvotes a current, opportune, pop culture Star Wars (Mandalorian) reference?

  • Pete99 on 09/03/2021 - 18:54
    +18

    I'd send them back to your insurer. Nothing to do with you.

  • Drakesy on 09/03/2021 - 18:57
    +34

    Possibly the lady's insurance fell through or she didn't have it. But for them to follow it up 2 years later is a bit fishy. The lady's insurer should be covering this.

    Also you paid your insurance to sort this out, you don't have to interact with the smash repairers. But it sounds like the smash repairer might be overcharging and doing the dodgy if they're suing for $30k. Might as well of been given a brand new car.

    I'd assume that 2-3 months of a hire car should be factored in prior to looking at the fix, it could've easily written off a vehicle. What minor repair takes 2-3 months out of interest? If it's the Smash repair's hire car i'd definitely have an issue with conflict of interest when taking it out, the longer they hold you up the more money they can charge your insurer.

    • plmko on 09/03/2021 - 19:13
      +3

      Not fishy, that's literally how slow insurers are when there is a potential for legal proceedings.

      • Porker on 09/03/2021 - 19:44

        Wonder what happens if in that two years, the lady changed insurance provider. Old one won't care, new one won't care.

        • photonbuddy on 10/03/2021 - 16:20
          +16

          Nothing. If you are covered by insurance, that company is responsible for any claims made during the cover period. They don't get to wash their hands of the matter if you change insurers.

          This seems logical to me, or else insurers would try and wait it out, and jack your premium to convince you to move on.

          • [Deactivated] on 11/03/2021 - 09:09
            +2

            @photonbuddy: I mean it's a bit suss small damage probably minor scrape and needed simple respray. Shouldn't have taken more than 3 days 5 days if it's busy even that's a stretch. Car should only have been dropped off once smash repairer was ready, not saying the other lady is in the right but definitely some form of conflict of interest going on here…

            • photonbuddy on 11/03/2021 - 09:39

              @[Deactivated]: Hmmmm … Not a big reader of "Am I being ripped off?!?!?!?!?!" insurance quote threads, then …

              Even small bumps can do damage to bits under the bumper, and OP has said the car is a French car, so parts may have to come from overseas.

              If the car is drivable, then maybe they ought to have kept it while the parts were coming, but if some underlying tech was damaged, this could have made the car un-roadworthy.

              I'm pretty sure most of us thought the off-road period was ridiculous, though.

              • [Deactivated] on 11/03/2021 - 11:32
                +1

                @photonbuddy: Depends on how bad the damage was tbh, if it was just a scratch it would unlikely case any electrical damage, the rear sensors themselves can usually take a beating and just pop in and out anyway. The car being french imo is irrelevant, the parts are no harder to get if it was a Lamborghini i would understand as it would be built to order. most panel shops will not fit a new panel for a scrape unless their is significant damage or specifically requested and if they do fit a new panel for no reason it is to milk money from the insurance company. I'd like to see photos from OP of damage to their vehicle to make an informed opinion.

                "Not much damage" and "Rolled into me" to me does not indicate significant panel damage to warrant an off road vehicle.

                • photonbuddy on 11/03/2021 - 13:39

                  @[Deactivated]:

                  "Not much damage" and "Rolled into me" to me does not indicate significant panel damage to warrant an off road vehicle

                  As I say, not much reading of "Am I being ripped off?!?!?!?!?!" insurance quote threads!

                  There are many examples where a supposedly light tap (usually a lot harder in reality though) has damaged sensors etc.

                  They may be pop-in/out, but you have to have them in stock to do it.

                  Spare parts aren't always easy to come by, and you know Insurance companies aren't going to pay for expensive air freight on large parts, for example.

                  Without knowing what was replaced on OP's car, we can't make this judgement.

      • netjock on 09/03/2021 - 21:53
        +1

        Yes, generally insurers are in with each other and settle claims between themselves pretty quickly. For example IAG owns half the insurance brands.

      • Nebargains on 11/03/2021 - 10:28
        +1

        Can confirm, I had an accident where I was not at fault, everything was done, fixed, all good. Then approximately two years later insurance came back to me saying the other party is disputing the claim, was a pretty open and shut case and there wasn't much to dispute.

        After filling in some forms I never heard from them again.

        So yes hearing after 2 years is not unusual it seems.

    • Adzzzie on 09/03/2021 - 20:33
      +1

      Yeah the car was about 1.5-2 years old. Was a niche french wagon. He kept saying The shipment was being delayed and he was still waiting on parts to arrive from France.
      I'm with NRMA and so was the lady. And my understanding was that the hire car was the smash repairers car. They loaned me a BMW so wasnt too fussed about driving it for a couple of months.

      • Flying Ace on 09/03/2021 - 21:30

        DS5?

      • resisting the urge on 11/03/2021 - 10:19

        It's the case with nearly every niche car. The cost is in the parts, repairs and overall pain.

        Some insurance company ends up paying 30k for a bumper cover. Every time it happens they get another excuse to justify next year's premium increase.

        But I do feel sorry for the other party, she had NFI that it would cost as much as rolling into a 'Roller', to use a common expression. It could well be that her insurer (again, the NRMA, LOL) refused the claim (which is the way they improve undertaking KPIs, and increase executive pay/bonuses, and charge higher premiums ;-)

        So if both sides were the NRMA, it just made money from you, charged the other party, and got rid of a policy that carries a statistically increased level of risk meaning they won't make money on it anyhow as she's just too likely to make another claim in future.

        Sad, as the actual nature of the repair in some of these cases ends up being a simple adjustment or touch up.

      • bobbified on 11/03/2021 - 18:15
        +2

        . They loaned me a BMW

        So the dodgey repairers lend it out two or three times and claim $30k each. The BMW becomes free for them. Nice scheme!

    • Extreme on 10/03/2021 - 08:07
      +4

      Any repair can take 2-3 months if they’re waiting on overseas parts to arrive.

      • TheOtherLeft on 10/03/2021 - 08:30

        I once had to wait 6 weeks for Suzuki parts, which were fender panels.

        • md333 on 10/03/2021 - 17:08
          +1

          7 months for electrical parts for my Mitsubishi (admittedly very niche, 1st EV in Australia) (actually two 3 months waits for the same part because they stuffed up)

  • apsilon on 09/03/2021 - 19:02
    +24

    A few months? For an accident where someone just rolled into you at lights? Something doesn't add up there. My guess is the repairer also owns the car rental place. Delays the repairs and runs up the rental charge. Anyway, as a few have said, contact your insurer. Don't sign anything.

    • Adzzzie on 09/03/2021 - 20:36
      +1

      Yep. Sounds strange now reflecting back. But initially he said a couple of weeks, then hit me with, waiting on parts from France. 2 weeks turned into 10 quite quickly

      • donga100 on 09/03/2021 - 20:58
        +5

        That's not unusual for European cars.

        • lew380 on 10/03/2021 - 11:46
          +8

          When I had a European car, I would fix it myself but would wait months for parts, often from california or Estonia or some other shit hole where postage would be conducted by a mule or something

          • derrida derider on 10/03/2021 - 21:43

            @lew380: These delays are puzzling. This is not 1970 anymore - air freight is a matter of a few days from anywhere in the world, and the cost of storing a car in your workshop for weeks or months would easily swamp the additonal cost of air freight.

            Unless of course you own a rental car you can bill the insurer for ….

            • robberbutton on 10/03/2021 - 23:28

              @derrida derider: Every smash repairer I've ever driven past always just dumps customers cars on the street. Certainly not taking up space in their workshop.

              Having waited 6+ weeks for a new BMW bumper to arrive from Germany, it's definitely reasonable for 2 months repair time.

  • Ryanek on 09/03/2021 - 19:10
    +13

    Did you not find it unusual to have your car at the insurers for a few months for a minor repair? Crikey mate.

    • Extreme on 10/03/2021 - 08:09
      +15

      Waiting for overseas parts is fairly common believe it or not….

  • MrHyde on 09/03/2021 - 19:15
    +18

    Was the hire car provided by your insurer or did you sign with some dodgy third party that says they will provide you with hire car if the accident was not your fault. Part of the contract with these dodgy companies is that if the other parties insurer refuses to pay for the hire car; then they can sue on your behalf and that you agree to sue when asked. If not, you then become liable for the rental hire costs.

    If the hire car was provided by your insurer; then you should have nothing to do with the smash repairer - they should chase your insurer and it is between them and the insurer. Just pass them onto your insurer.

    • brendanm on 09/03/2021 - 20:53
      +6

      did you sign with some dodgy third party that says they will provide you with hire car if the accident was not your fault

      This would be my guess. I think those weird "not at fault" hire car providers make you sign something that if it eventually goes to court you need to testify for them. Op was possibly just blindly signing things.

    • drprox on 11/03/2021 - 09:12
      +2

      This one. There is a whole industry built on it.

  • Yummy on 09/03/2021 - 19:38
    +4

    This is a strange post.

    Got my popcorns ready.

    • The Value on 09/03/2021 - 21:18

      Be sure to make it with Flavacol.

      • Yummy on 09/03/2021 - 22:56

        You need more vit C.

    • chriskq on 10/03/2021 - 22:01

      Would you ask someone "can i have some of your popcorns"?

  • Tee Rex Arms on 09/03/2021 - 19:43
    +1

    Smash repairer had cad more than a few days for some minor bingle. RED FLAGGGGGG

  • mbck on 09/03/2021 - 19:45
    +1

    For a small issue and they kept the car for that long WITH CAR HIRE. I mean that's dodgy af.

    But what you wrote is normal. They will sue on your behalf as some above have pointed out.

    Just get them to deal with your insurer

  • AndyC1 on 09/03/2021 - 20:00
    +5

    You signed paperwork when you got the "I had a hire car supplied by the smash repairer" car, which was NOT a hire car supplied by the smash repairer, but it is a car that is loaned to you and the costs of the loan car are paid by the at fault driver (or insurance company).

    I suggest reading the paperwork you signed when you got the loan car.

    Also have a read up on the following web site how it works:
    https://www.right2drive.com.au/

    It is quite normal that you have to sign sat dec and supply info as allot of insurance companies will not pay for the loan costs until they are taken to court. It takes a while to get to this stage.

    • Deuce on 09/03/2021 - 20:57
      +8

      Here's the answer. 30k for a hire car is a joke. For argument sake lets say it was 90 days of hire thats $333.33 per day for a hire car when most insurance companies offer $75 a day.

      As said above, read the paper work because there will be a clause where it states that if they are unable to recover the funds you will be liable for the costs.

      -edit-

      To the negger, some companies actually come after the person who hires said vehicle. And considering its not a major company like right2drive. They will try, I've read the contract for a smaller hire car place. And stated what I said above.

      • AndyC1 on 10/03/2021 - 09:15

        Insurance "loan" cars are always more expensive than normal hire cars. This is why it is now so popular (aka easy to get).

      • MrMoo on 10/03/2021 - 16:33
        +2

        I had a dilemma on this one. Yes you are right you can get a hire car for sub $99 a day. However when i was in an accident there were a few issues which made it difficult to go this route.

        The biggest one being my car would require months to repair due to the virus, a parts shortage and shipping times. My insurance company was willing to give me a loaner for 30 days max.

        Second it is not a like for like vehicle, lets say you drive a Porsche 911, some idiot smashes into your car and then you are out a porsche for 3 months. All the while you are eating depreciation, lower resale value and monthly repayments. Now you are also saying go drive a $75 toyota corolla for 3 months. Does that seem fair? Or do you think the not at fault deserves to have as little disruption to their life as possible?

        The loaner company drives the car to your house or work, leaves it there and picks it up when you are done. You basically do nothing and you get a like for like. It may not be a porsche 911 but you may get a Macan or something.

        • Deuce on 10/03/2021 - 21:42

          Thats all fine. And yes if your not at fault you deserve a hire car etc. But what I think people should be mindful of is to be careful of who you use to get the cars. Because some smaller companies can be dodgy. Im speaking from experience when I dealt with a smaller company, and that has put me off using them.

      • he11bent on 11/03/2021 - 10:50
        +2

        WRONG. I won $475 A DAY in Dandenong court yesterday.

        So many people that have no clue here. OP Can you PM please, I'm hoping it's not one of my matters.
        Who was the credit hire company that initiated the legal proceedings?
        There are a few

        • Deuce on 11/03/2021 - 11:29
          +1

          the hire car costs should be reasonable and the person should be given a comparable vehicle. You can't give someone a merc when they originally had a corolla.

    • macrocephalic on 10/03/2021 - 16:51

      Both the OP and the at fault driver were with the same insurer.

  • MS Paint on 09/03/2021 - 20:29
    -2

    Maybe OP drives an exotic supercar and had to wait for spare parts to become available and shipped from Germany / Italy / Poland

  • errorius on 09/03/2021 - 20:38

    Repairers are dodgy.
    Had an accident once where only bull bar and front bumper were damaged. Repairer replaced those parts plus radiator, lights, resprayed the hood and who know what else was done in order to blow the cost of repairs.
    Wouldn't be surprised with that $30k cost out of nowhere.

    • macrocephalic on 10/03/2021 - 16:54

      I have listening in on a conversation at a party with a distant relative who is a smash repairer. He was complaining that they were paid by the work unit, and it was hard to hit quotas, so they'd just mark areas of the car as damaged which weren't, take some poor photos and then replace those extra parts as well. No one questioned it because even the smallest mark is grounds for replacing a whole panel or section.

    • Ken1977 on 10/03/2021 - 22:33
      +7

      I worked for a panel shop when I was 19, the customer would drop the damaged car off and leave in a loan car, then the guys would add extra damage to the car with a sledge hammer (they used to chant "money maker, money marker" with every blow off the sledge hammer. Claims would get approved no problem. When the assessor actually came in once a week I would fully detail his car while he had coffee in the office with the boss. Assessor never once looked at a damaged car, just used the photos panel shop provided.

      • Mokr on 11/03/2021 - 16:22
        +1

        wouldn't the customer get a report of what was repaired. seems like it could easily backfire.

        • Ken1977 on 13/03/2021 - 11:53

          Some customers wouldn’t care about anything. Some may question it, but I guess you could just say we had to replace other panels to blend it in, replace parts due to unseen damage underneath or broken plastic clips etc. I don’t think anyone would complain about more work being done. All complaints would be issued to the assessor / claim handler anyway and he was obviously in on the scam too.

  • Euphemistic on 09/03/2021 - 21:02
    +1

    Sounds very scammy to me. Repairer dragged it out to get extra loan car fees, realised NRMA was wise to it and trying to get some cash out of unsuspecting victims.

    The insurance company was supposed to deal with it initially, DO NOT do anything else without consulting them.

  • Seraphin7 on 09/03/2021 - 22:36

    Some people just can't adult.

    Refer the matter to your insurer and have them deal with it. End of.

  • Randxyz123 on 09/03/2021 - 22:39
    +3

    Sounds like a scam to me.

    Do you have the rental agreement somewhere? Sounds like the rental company has an agreement with a place like “right2drive” basically they’ll charge crazy rates and then chase the not at fault insurer (who’s lawyers probably told them to F off) , so they are now chasing the lady but getting you involved to testify.

    First thing to do is call your insurance. Explain you have been contacted regarding the hire car you got following the accident. Next contact a solicitor and do NOT sign anything without talking to them.

    IANAL, please get actual legal advice.

    • MS Paint on 09/03/2021 - 23:45
      +13

      IANAL

      That's a bit personal

      • Lord Fart Bucket on 10/03/2021 - 19:58

        Naah, armchair experts often talk out of their arse.

  • kiitos on 10/03/2021 - 08:45
    +3

    Did you discuss with the repairer about taking your car back until the parts arrive? Or was it not driveable?

  • Legoncy on 10/03/2021 - 09:26
    +7

    Greetings,
    As someone in the industry I can provide some advice, when you signed the ATA and other paperwork you give the ability to the 3rd party hire vehicle company to act on your behalf.
    In this case, the repairer was probably extremely busy and delayed your repair, 2 Months etc is to long for a minor accident.
    The hire car company is seeking the full coverage of this which the insurance will not pay due to length of repairs being extreme.
    The sweet old lady should have insurance, if she does not then not only will the hire vehicle costs but the repair costs will be hers to pay personally.
    If she has insurance then the insurance will be dealing with the hire vehicle company, they will probably not make an agreement before court due to the repair length which means this issue will probably be resolved prior to court or at court.
    You can be paid for your time at court, the repairer will probably attend as well.
    There will be a solicitor/lawyer acting in your behalf, and you will be seeking the costs from her insurance or the sweet old lady.
    Can I ask what state this is? (NSW?)

      • gimme on 10/03/2021 - 16:43
        +5

        You expect everyone to read through all the comments before making a comment? That fact was not in the OP.
        Not to mention that 'legancy's' advice is one of a handful that has any credibility anyway among the usual internet lawyers and tin foil brigade.

        • [Deactivated] on 10/03/2021 - 16:47
          -5

          yes, as there was added info by op lol

          • gimme on 10/03/2021 - 16:49

            @[Deactivated]: in the comments section facepalm

            • [Deactivated] on 10/03/2021 - 16:50
              -3

              @gimme: exactly, learn to read

  • MontyMacaw on 10/03/2021 - 09:52
    +4

    How can anybody send you an affidavit to sign if you haven’t given them instructions to do so or any information to put in it? They are supposed to be your thoughts and words put into a formal format.

  • Darayus on 10/03/2021 - 11:55
    +2

    my friend had a basic lexus 7 years old, she had minor accident and repairer offered her large BMW SUV to drive. She said that car is too big to drive and need a small I30 or Carolla to manage her run as she dont drive to work and park car at railways station so no need to drive BMW. The repairer again asked her that she has no need to worry about cost etc etc. When she contacted her insurance they provided a decent I30 to drive and she got from insurance.

    So always remember to let your insurance select the repairer so no need to haggle and hassel with repairer and you get your vehicle within 2 weeks and ask them to provide replacement car in case you are not at fault party.

    Avoid all scumsbags as they disturb your sleep after 2 years.

    • DiscoJango on 10/03/2021 - 20:42
      +3

      "So always remember to let your insurance select the repairer so no need to…"

      Worst advice ive read on this thread. When you go to a restaurant do you let another diner pick your meal for you as well?

      • Deuce on 10/03/2021 - 21:44
        +2

        I second this. Insurance companies chase the cheapest repairs. It's not in their best interests to get the quality/expensive repairs. This is why I hate NRMA for removing choice of repairer by default and making it a paid option.

      • Ken1977 on 10/03/2021 - 22:41
        +2

        Insurance companies are now having their own panel shops so they don't have to deal with these dodgy panel shops. There is so many scams in the car insurance repair industry best to keep it all in house.

        • Deuce on 11/03/2021 - 11:19
          +2

          Yes there are dodgy panel shops. But have you actually seen the work churned out from in house shops. Particularly Capital SMART repairs. This is what I call a dodgy panel shop.

  • SpotTheOzzie on 10/03/2021 - 15:45
    +10

    I somewhat feel for the lady who received a letter stating she was being Sued for 30k.

    Yes she was in the wrong but receiving a 30k claim would be a shock and something that would keep my up at night.

    • richmond12 on 10/03/2021 - 16:28
      +1

      Yea sounds like dodgy insurance system. This needs an industry review if thats the case because this could easily happen to anyone

    • Mistredo on 11/03/2021 - 20:15
      +2

      I don't think it should be hard to defend her position in court. It unreasonable for her to pay that amount for a minor damage that took too long to repair and three months of car rental. Nevertheless, it sucks.

  • MrMoo on 10/03/2021 - 16:21
    +15

    I can probably shine some light on this. I've been in a similar situation.

    There are these companies like right 2 drive which will lend you a car for the time your vehicle is in the shop. How long was your vehicle off the road for and what vehicle did you get as a replacement? I was out for 2 months and I got a like for like. The bill will probably be 20,000 to the at fault insurance company (This happened to me last year).

    Repair centers sometimes upsell you this service because they get a commission every time someone takes this offer. You have been upsold and you obviously didn't fully understand what you were getting. They tried to upsell me at time of repair but I found my own. There are a couple of companies that do this.

    So what has happened now is they want their money and you were not at fault so the at fault has to pay. If the at faults insurance refuses to pay they will sue the at fault driver. They will sue in your name because you are actually in debt that money but you are suing the at fault to get it back because they owe you that money (If that makes sense?). You have to sign the document or there is a risk they pursue you for the debt. When you get your loan car you would of signed something explaining this all to you if you had read it.

    If you sign the document you may need to go to court. If they pursue all avenues and cannot get the money from the at fault driver and you have helped them. They just give up. They will not pursue you for the money as this damages their business model.

    • richmond12 on 10/03/2021 - 16:31
      +7

      Can’t believe this is legal. Especially in Australia when we have rules for everything.

      This needs to go to ACA lol

      • MrMoo on 10/03/2021 - 16:36
        +3

        It's not only legal but there are so many companies that do this. It's like ambulance chasers. I had people calling or quoting me. At the end of the day it's about convenience and for the not at fault driver, they actually have a really good experience. If you look up the companies and read the reviews, the overwhelming majority are very positive.

        It's easy to sit back and think this is daylight robbery. It probably is in a way (Legal daylight robbery) but when you have a busy schedule and need the car and it wasn't your fault, 10 times out of 10 you are going to take their offer.

        The OP didn't even ask how much it would cost he just took the deal. I at least asked how much and pursued other options but at the end of the day nothing was as easy as just taking their car.

        • snirodha on 10/03/2021 - 17:15

          While i feel sorry for OP, i think he or she has created the mess. If you have insurance let them deal with the accident. This is what happens when you try to do on your own.

        • Deuce on 10/03/2021 - 21:46

          I've been on both ends of the stick. Being chased to pay the hire car company and me being a user of one. It's not fun when your insurance company doesn't want to play ball.

        • duluxe2000 on 11/03/2021 - 01:23

          This is robbery. Your convenience (likely) isn't worth 30K. Most oz bargainers here are willing to give up cars (and take public transport) for 3 months if get offered 10k, let alone 30k.

          • BartholemewH on 11/03/2021 - 23:30

            @duluxe2000: If OP knew the old lady could get slugged 30k so he could drive a bimmer for a couple of months, he may have turned it down. I certainly would have.

    • nwa on 10/03/2021 - 23:28
      +1

      Sounds about right my mom was in similar situation but from opposite side as in she was the at fault party. Months later she got letters basically threats demanding paying excessive amounts for the other side's car hire, I forwarded to the insurer. Some time after she received court summons and name on plaintiff was the other driver. Thankfully after telling insurer this time we didn't hear from them.

      Basically it's a game and it's the companies business model they try to extort money from the insurer who if they play ball and refuse to pay or only offer small amount they can go after the driver, who then can get angry with their insurer as to why aren't they handling it when they infact are by playing hardball and refusing to get extorted.

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