Insurance Dilemma - Looking for Advice

LContrice on 27/07/2021 - 13:10
Last edited 27/07/2021 - 13:14

Hi Guys,

Some quick background. I got into an accident with a truck. I do not have insurance and do not have a dashcam. The nature of the accident has made it hard to determine who is at fault. Contacted the truck company and asked if I can have their dashcam footage to determine who is at fault as I was sure I am not at fault. Apparently, He did not save the footage and it is gone. I did not chase further and repaired my car.

Yesterday I got a voice message saying that they are from their insurance company and ask me to call back to sort out compensation for my damage. Good news. However, when I went to the repairer they offered me to repair this off the books and I would not need to pay gst. which will be cheaper for me.

My concern is, since I repaired it off the books, will I not be able to receive compensation?

I am thinking maybe I need to call the repairer to put my job to the books and I will pay for gst so I do have proof of repair.
Or should I just contact the insurer?
what do you guys think I should do?

*Note: I have not call back the insurer. and for those curious how the accident happened Paint Drawing

TLDR; Got into an accident. Do not have insurance. Repaired my car on my own expense (off the books). Their insurance called to sort out compensation for my damages. Concerned that compensation will not go through.

Automotive Car Insurance Insurance

closed Comments

  • JMosk on 27/07/2021 - 13:12

    Drawing needs arrows to show which direction you are going

    • Contrice on 27/07/2021 - 13:14
      +1

      Fixed it haha sorry

  • Jimothy Wongingtons on 27/07/2021 - 13:16
    +1

    I think quote will be sufficient usually?

    • Contrice on 27/07/2021 - 13:18

      I do have the quotation from the repairer but will not bite me in the back if the insurer do a background check or something?

      • Jimothy Wongingtons on 27/07/2021 - 14:55

        Depends how they process. I would have thought they paid you directly

      • Euphemistic on 27/07/2021 - 15:51
        +2

        The insurer needs to pay you compensation to restore your vehicle to prior condition. You do what you want with that compensation, it doesn’t matter if you don’t actually repair, repair cheap or fulfill the repairs on the quote.

  • websterp on 27/07/2021 - 13:19
    +5

    With this one, starting with a new user ID is a good start…

    • pharkurnell on 27/07/2021 - 15:10

      was the first thing I looked for…

    • Contrice on 30/07/2021 - 12:10

      Pardon my uneducated brain, but what does my username mean?
      i tried googling but i cannot find anything haha.

  • djkelly69 on 27/07/2021 - 13:23
    +2

    Maybe the drawing is missing some details, but how is that hard to determine fault? You were driving straight and the other vehicle is behind you, and hit you.

    Also can you now ask the mechanic or whoever to now put it through the books, pay the GST, get an invoice, and provide to the insurance company?

    • Contrice on 27/07/2021 - 13:35

      So the accident took place in a highway during a bend. The contact point is not behind my car (Bad drawing my bad) but more on the Right Rear side of my car which caused me to spin towards the truck and resulted in a T-bone position.

      I guess it is hard because I am unsure if it was me that slowly move to his lane or did he slowly move to my lane during the bend. But I am very sure I stayed in my lane and I was in his blind spot. maybe he did not see I was there? But still unsure as if I did stay in my lane.

      That is what I am thinking to do but I guess I wanted some feedback regarding that action. I feel inexperience with all this insurances stuff that I am scared I might make a mistake in some way.

      • pharkurnell on 27/07/2021 - 15:14

        I am unsure if it was me that slowly move to his lane or did he slowly move to my lane during the bend

        and without footage nobody on earth will ever figure that out.

  • apple2016 on 27/07/2021 - 13:28
    +3

    If you are not at fault, you are entitled to compensation even if you decide not to repair the damage to your car. Its just easier if the compensation that you are asking for is backed up by a invoice from the repairer.

    • Contrice on 27/07/2021 - 13:41

      Ah that is good to hear. So if the repairer decided to not let me pay GST to get an invoice, i may still be given some compensation?

  • JDMcarfan on 27/07/2021 - 13:28
    +10

    Too cheap to fork out a few hundred for 3rd party = Don't bother asking for advice.

    • Contrice on 27/07/2021 - 13:43
      -6

      I wanted comprehensive but holding an international license has made it hard as some places do not take them, and for those that do, it was really expensive that it didn't make sense to get one for the value of the car.

      • JDMcarfan on 27/07/2021 - 14:31
        +7

        If you don't want comp that's fine (I didn't either when I had my first car and its value was <$5000) but 3rd party should be a must and in any case costs, at most, $500-$600 regardless of driving history. If you have it with any reasonable company they'd at least help given its not at fault and more importantly will give you a leg to stand on so that the other party doesn't play around with you (like I assume they are now).

        You repairer has done the job on the cheap for you by offering to keep it off the books and pay cash. If you go to them now and ask for an invoice they aren't going to be happy and its not simply adding 10% for GST. By taking cash they are likely not paying tax (30% for businesses) so realistically expect them to ask about 30-40% more if you now go in and ask for an invoice (either that or they simply deny you ever visiting).

        Given what's happened, (I assume your car is worth near nothing) just take whatever they offer and walk away. Learn from your mistakes and go get decent insurance. The excuse for having an international licence is piss poor as well mate. 3 months in Australia (with any form of residency visa, i.e. not a tourist) and you're legally obliged to convert to a local licence. Looks like you're technically driving unlicensed (unless you arrived in the last 3 months with our closed borders) which would be enough to deny any claim for you and realistically you should be fined as well.

        All you need to do is go to an RTA and have a local licence given. Worst case scenario you sit a test and get P plates. Also, I have gotten insurance for recently immigrated friends and their rates were the exact same as a locals with no NCD rating, so again it seems like you're too cheap to buy insurance but want to blame it on something else.

        • Contrice on 27/07/2021 - 14:44
          +4

          Thanks man your advice hit hard but well deserved.

          Your second paragraph explains really well with where my dilemma is and I agree that I do not see any benefit for them to help me out.

          Just to add to the story, I now have a Victorian full license and do have insurance with AAMI. Thank you so much to echoing that as I think it is what a lot of people should hear.

          I think for now, I will explain the situation to the repairer, if they refuse that is okay. I will then contact the insurer, if I do not get any compensation, that's all good too.

          • JDMcarfan on 27/07/2021 - 16:20
            +3

            @Contrice: Thanks for the response. Copping the feedback on the chin is a hard thing to do, so appreciate you being forthcoming and owning up it.
            I'm glad you've learnt a life lesson and also converted your license over so that you're compliant with local laws.

            I personally wouldn't explain a thing to the repairer. They'll use that info to low ball you. Instead I'd suggest you provide images of the damages, say that you don't have any invoices (don't give a reason). Try and see if the company that fixed it will give you a 'quote' instead of an 'invoice' for external compensation purposes. The repairer/insurer will have to come up with a figure and get back to you. If its higher than your 'quote' take it, otherwise pass on the details for the 'quote' and ask them to match.

        • Zachary on 28/07/2021 - 07:32

          regardless of driving history

          IF you have too many crashes and claims, no insurance company will insure you.

    • Euphemistic on 27/07/2021 - 15:53

      Third party doesn’t help if you aren’t at fault, unless there is a clause about covering you for non insured at fault driver.

      • JDMcarfan on 27/07/2021 - 16:11
        +1

        Generally you're correct hence why I said a 'reasonable' company. Was with NRMA when I was in my teens and for the 2 non-at fault crashes I had where I had TPP, NRMA acted for me on my behalf and wrote-off and repaired the vehicle respectively. Both incidences we're with people who had insurance, and one was where the other person denied taking responsibility (hit me on the rear whilst I was stationary at a pedestrian crossing) and both times it was a simple call to NRMA and they took care of everything.

        The inclusion for the non-insured is simply a cap for what they'd pay you out if the other party has no insurance, but if they do, then that limit doesn't matter. Obviously lower tier insurers try and skirt their way out of any TPP claim which is why I believe you're asking the question.

        Also OP is extremely lucky that the other party/their insurer have come out of their way and admitted fault, as in most similar situations and they'd be denying left-right and center of any responsibility (esp. given the circumstances are indeterminate and no video evidence is available).
        Most people would laugh at you if you asked for a copy of their footage because that'd the equivalent of shooting themselves in the foot.
        In any other circumstance, OP would have to fight for damages, or more commonly the case of indeterminate incidents, accept a certain % of responsibility (i.e. usually apportioned 50/50), in which case the cost of repairing the other person's vehicle would make them better off not claiming at all.

        TPP in this case would certainly have helped OP out of any potential out-of-pockets, and if with a decent provider, provide appropriate compensation/repairers without any headaches (given NAF status). OP for all their naivety, is extremely fortunate to be in the 1/100 situation where things have aligned perfectly, and in my opinion should take whatever's offered and call it at that.

    • kiitos on 27/07/2021 - 15:56

      How would TPP have helped in this situation?

      (Note that I agree completely that TPP is a minimum for driving on the road)

      • JDMcarfan on 27/07/2021 - 16:12

        see above. Non-Budget TPP providers generally sort these things out for you (just like comp) given you provide sufficient details of the other party and appropriately explain what happened.

  • Marcsie on 27/07/2021 - 13:41

    No insurance, no sympathy !

      • Presence on 27/07/2021 - 14:00
        +1

        You've got to be joking?! You're gonna risk rear ending a Ferrari and going bankrupt?

        • Zachary on 28/07/2021 - 07:36

          Well…they cant take what you dont have….sooooo…..yes.

  • Oz8argain on 27/07/2021 - 13:45

    I do not have insurance and do not have a dashcam

    You've learned your 2 lessons. Pay and Move on.

    • Contrice on 27/07/2021 - 13:46
      -2

      I already did haha now there is a chance to get some money back is all

  • JimmyF on 27/07/2021 - 13:55
    +7

    I do not have insurance

    Ahhh and now I see your Insurance Dilemma……

  • Big Lenny on 27/07/2021 - 14:02
    +4

    that repair shop sounds sketchy af. are they trying to avoid paying tax?

    • Contrice on 27/07/2021 - 14:20

      Yeah pretty much. and i get to pay less haha back then it seems like a good idea but not anymore.

  • bobbified on 27/07/2021 - 14:02
    +1

    Explain the situation to the smash repairer - I'm sure they'll magically come up with an invoice for the repair (probably for a total amount higher than what you actually paid!) that you can submit to the insurer for reimbursement.

    • JimmyF on 27/07/2021 - 14:18

      Why would they give a higher invoice, it adds nothing to them. If anything issuing a invoice would mean its now on their books so will want more money to be paid to cover that ;)

      • Contrice on 27/07/2021 - 14:24

        How about a new invoice that is less than the original value?

        They get to put in the book a job that is less than paid hence less tax to that job and I get some back (not all back)?

      • bobbified on 27/07/2021 - 15:04
        +1

        Usually when smash repairers quote jobs, they will quote and charge a much higher amount if they know it's being covered by insurance.

        There's usually one price for a private individual paying out of their pocket and another price for insurance.

        • JimmyF on 27/07/2021 - 17:36

          Usually when smash repairers quote jobs, they will quote and charge a much higher amount if they know it's being covered by insurance.

          But the work has been completed and paid for already.

          So again, why would the repairer want to issue a invoice for MORE than they had been paid to do the repair work?

          There's usually one price for a private individual paying out of their pocket and another price for insurance.

          Correct, OP went the private route, paid the cheaper private price. So your claim the repairer will magically come up a invoice if asked for more than the the price the OP paid is just silly.

          • bobbified on 27/07/2021 - 17:43

            @JimmyF:

            So again, why would the repairer want to issue a invoice for MORE than they had been paid to do the repair work?

            Often the smash repairer can deal directly with the insurer. A lot of people who have accidents (especially where they're not at-fault) can go into a smash repairer, provide a claim number and come back to collect their car when it's ready. The smash repairer does all the paperwork in the background and gets reimbursement.

            I would not be surprised if the smash repairer said to the OP: "Give me the claim number and I'll sort it out and give you a refund once they reimburse me (the repairer)". Then the smash repairer submits a higher quote/invoice to the insurer, gets the reimbursement and gives back the amount to the OP that he/she originally paid, while keeping the rest for themselves.

            Most people in OP's position (no offence to the OP) wouldn't know any better and just be happy that they got their money back without having to do anything else.

            So your claim the repairer will magically come up a invoice if asked for more than the the price the OP paid is just silly.

            If that sounds silly to you, you haven't seen anything yet! 😋

            • JimmyF on 27/07/2021 - 19:35

              @bobbified:

              Often the smash repairer can deal directly with the insurer

              Things that have not happened in this case.

              A lot of people who have accidents (especially where they're not at-fault) can go into a smash repairer, provide a claim number and come back to collect their car when it's ready. The smash repairer does all the paperwork in the background and gets reimbursement.

              Again things that have not happened in this case.

              I would not be surprised if the smash repairer said to the OP: "Give me the claim number and I'll sort it out and give you a refund once they reimburse me (the repairer)". Then the smash repairer submits a higher quote/invoice to the insurer, gets the reimbursement and gives back the amount to the OP that he/she originally paid, while keeping the rest for themselves.

              Again things that have not happened in this case.

              Things that have happened are

              Yesterday I got a voice message saying that they are from their insurance company and ask me to call back to sort out compensation for my damage. Good news. However, when I went to the repairer they offered me to repair this off the books and I would not need to pay gst. which will be cheaper for me.

              So as the OP car is fixed, they need to cough up a receipt to be refunded. So back to my first statement. Why would the repairer bother to provide a invoice for MORE than they got paid like you claim?

              If you think the crash repairer is going to try and do insurance fraud to make a few hundred extra dollars in this case, then thanks for the laugh. Much easier ways to pad out things for jobs already on the go, than to go about faking invoices etc for jobs completed.

              If the OP saved the GST, then they might need to go back to the company and request a invoice, this could mean now paying the GST for them to issue a real invoice. Which the OP will get refunded.

              Either way, there is ZERO chance of the OP getting a invoice for more than they paid.

              • bobbified on 27/07/2021 - 19:39

                @JimmyF: You seem to be assuming we're all angels…

              • Euphemistic on 27/07/2021 - 20:29

                @JimmyF:

                Either way, there is ZERO chance of the OP getting a invoice for more than they paid.

                This is true, OP can or get a false invoice. if the OP has a quote for repair that is a legit amount (new parts, proper hourly rate etc) there is no reason they can’t claim this. It’s not up to the insurance company to decide how much the repair actually cost or even if it actually gets done, just what it would cost to do the repair to industry standard.

  • SF3 on 27/07/2021 - 14:13
    +1

    Thanks for posting, this is refreshing, as we haven't had no insurance posts for a while :)

    • MS Paint on 27/07/2021 - 14:25
      +1

      And with a happy ending too

      • SF3 on 27/07/2021 - 15:48

        Hope so.

        My concern is, since I repaired it off the books, will I not be able to receive compensation?

        Could go down a dark alley too.

        • MS Paint on 27/07/2021 - 16:03

          Let's hope so

  • Drakesy on 27/07/2021 - 14:57
    +1

    If you have a quote for the damage then just forward that to the insurance company and get paid out.

    If the work was done off the books then you won't have an invoice, but if they provide you with a quote for what they charged then you should be alright. Along with photos of course.

  • pharkurnell on 27/07/2021 - 15:17

    So it wasnt just a tap on the side but

    "but more on the Right Rear side of my car which caused me to spin towards the truck and resulted in a T-bone position."

    There would have been significant damage unless you were both doing walking pace? And you drove it home? got it towed?

    HOw much was your cash repair job?

    • Contrice on 30/07/2021 - 11:59

      It was definitely a major accident. The tap caused me to spin and resulted in a direct impact to my right side from the truck. It got towed and I think we were doing 80km/h.

      Unfortunately, I feel a bit uncomfortable to state the cost of the repair. I hope that is okay.

  • Davo1111 on 27/07/2021 - 18:34

    get it on an invoice, pay the tax.

    why would an insurance company reimburse you for a cash in hand job.

    buy insurance

    • Euphemistic on 27/07/2021 - 19:06

      Insurance co doesn’t have to see what happens if you are claiming from another party. They just have to provide compensation for the damage caused. Ie pay OP cash amount for repairs. It’s up to OP what to do with that cash.

      Yes, should have insurance.

  • BigBirdy on 28/07/2021 - 07:59
    +3

    Are you sure you didn’t misunderstand the trucking company? Are they offering you compensation, or asking you to pay them compensation?

    • MS Paint on 28/07/2021 - 10:31
      +1

      Now this will be entertaining.

    • magpuy on 28/07/2021 - 13:37
      +1

      Yeah, my thought too, when I read the OP. Would be sad if they rush out to legitimise their tax fraud and then get hit with a claim to pay for repairs on a large expensive truck.

      For the love of all that is good and decent, at a minimum, get Third Party Property Damage cover before you go out into the wild.

    • Contrice on 30/07/2021 - 11:59

      Yeah it was very clear that they want to compensate me as they were found liable. That is what the claim specialist said to me.

  • pegaxs on 28/07/2021 - 14:34
    +1

    Lol @ no insurance…

    Just consider yourself lucky that you didn't damage that truck. You would be up for the repairs as well as all the lost time that the truck spends at the repairer.

    Consider this as reality giving you a warning shot across your bow, or your next thread could be more about you damaging someone else's property and you having to deal with paying them.

  • OzHunterNSW on 28/07/2021 - 14:43

    Silly you…. why "off the books"?

    A police investigation would determine who is at fault.

    "off the books"is a lot cheaper than the "scam" the repair invoices to the insurer.

    • Contrice on 30/07/2021 - 12:00

      I guess at that point i believed i had no chance to fight it as there was no footage and it was me vs an insurance company so i was trying to find the cheapest way to get back on the road.

  • HeWhoKnows on 28/07/2021 - 17:28

    How many times have we seen…

    "I do not have insurance"

    This is just foolish and totally irresponsible so all I can say is

    If you want to drive a car then take out insurance!
    When you have no insurance you are always at fault.
    Its that simple.

    No way anyone can change that now

    "suffer baby"

    This is all your doing.

    • Contrice on 30/07/2021 - 12:07

      While i agree with you on the foolishness of not having insurance, i think wishing sufferance upon someone is wrong. But yes i agree i am a fool and irresponsible.

  • Contrice on 30/07/2021 - 12:04

    Hi Guys,

    Just to update, for those wanting to know.

    I followed @JDMcarfan advice.

    I called the insurance company and I have been compensated a bit more than what I paid for originally for the repair. I explained to them that I did not have an invoice and they instructed me to wait while they assess the photo and comeback with a value that they think is fair. I accepted their offer and filled up a form and received the compensation.

    Thank you so much to everyone that gave input.

    Also, FYI. I now have comprehensive insurance.

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