Car Accident Insurance Claim Options

mutnyi2001 on 23/02/2022 - 13:41
Last edited 23/02/2022 - 13:47

Hi,

I need an opinion or experience share what to be done in my situation.

I had a 'blind spot' hit from a driver while she was changing the lane. The contact details were exchanged. I have a third- party and she, as she said,- comprehensive insurance. She did not want to provide her insurance company details or submit an insurance claim, and does not want to cooperate at all (keeps quiet). Accident Police report was done by me.

A police officer told me that regardless of my third- party insurance status, my insurer has to chase up the claim with the other party insurance company, and my car to be repaired by other party's insurance.

My insurer (Allianz) seems to be unwilling to deal with the case, even though I told them that I am not sure whose fault it was. I did submit the accident report form with Allianz though, where the details of the accident were provided.

So, the questions are:

  • from the legislative perspective, does Allianz really have to chase up the claim with the other party insurance company as the police officer said, or not? How is it regulated (any links to the relative legislation)? I had 3 calls to Allianz. 2 representatives said 'no' as I have a third-party insurance and she did not submit an insurance claim, but the third representative said that Allianz would follow up the case with the other insurance company. But nothing has been done so far.

  • what is the best way to deal with my insurance company (Allianz) to keep the things moving?

  • is there anything else that could be done from my side to get my car repaired by the other party insurance company, or the battle is lost?

Thanks everyone for the input to resolve this 'mystery'.

Automotive Car Insurance Insurance

Comments

  • PissLUR on 23/02/2022 - 13:45

    have you got her name and mobile number?

    • mutnyi2001 on 23/02/2022 - 13:46

      yes, added to the post.

      • PissLUR on 23/02/2022 - 13:48
        +1

        if you have the Third Party Property Damage Car Insurance and make a claim, this means that you are at fault.

        Third Party Property Damage Car Insurance helps protect you from the cost of accidentally damaging someone else's car or property.

        There is nothing that Allianz can do to help your case as you dont have a Comprehensive Car Insurance.

        • Nugs on 23/02/2022 - 14:01
          +4

          TPP typically (& Allianz do) have coverage up to $5k for not at fault incidents. Normally used if at fault does not have insurance at all, perhaps why Allianz 'seem unwilling'
          water has been muddied by OP stating not sure who is at fault
          .

          • mutnyi2001 on 23/02/2022 - 14:06
            -4

            @Nugs: The fault is clearly hers ('blind spot' hit). While dealing with Allianz I state 'not sure whose fault it is' to push for investigation.

            • bweiss on 24/02/2022 - 08:13
              +3

              @mutnyi2001: You get that this doesn't make them more interested in investigating right?? It makes them much LESS interested.
              You have 3rd party insurance, meaning if it was your responsibility Allianz would need to pay the cost of the other drivers repairs. You've now told them that they might have to pay this.. if they proceed to 'investigate'. But if they don't, and do absolutely nothing, then possibly they won't have to pay. It would only be if the other driver's insurance pursued Allianz claiming you were at fault.
              At which stage any discussions between yourself and Allianz would be open to discovery if things turn into a full cluster fudge in court.. at which point your statement of 'not sure whose fault it is' will be used to show that it can't have been the fault of their client (the person that hit you).

              You've played this entirely the wrong way.
              a) never admit fault
              b) always have comprehensive insurance if you want your car to be fixed

              You will now have to independently pursue her / her insurer for the damages to your car.
              And your discussions with your own insurer (who likely has no liability to you given you only have 3rd party) have biased decisions against you, since it's evidence that even you don't believe it's clearly her fault.
              It would make for a great court case though.. you'd definitely lose.

  • Soluble on 23/02/2022 - 13:48
    +1

    How do you know she has comprehensive if she wouldn't give you any information about her insurer?

    Are you sure she has full comp?

    • mutnyi2001 on 23/02/2022 - 13:50

      I don't know for sure. That is what she said (added to the post). Would it change the options?

      • Soluble on 23/02/2022 - 13:52
        +1

        Well someone who has full comp, rather than dealing with you would deal with their insurer, who would deal with you.

        Someone without full or any insurance is usually going to be harder to deal with, just like what you're seeing now.

        • mutnyi2001 on 23/02/2022 - 13:54

          Or she may have full insurance, but she may not want to submit the claim as it was her fault, with the consequences- access fee, higher premiums, so on? Do you know if she is legally obliged to lodge the claim?

          • naruto128 on 23/02/2022 - 15:08
            +6

            @mutnyi2001: Had a similar incident where I was rear-ended. Exchanged details including proof of his comprehensive but he took a really long time to lodge a claim on his policy. My insurance fobbed me off as I only got TP and his insurer says they can't do anything unless he lodges a claim. What I realised later is my TP policy has some cover against being hit by uninsured drivers. So if your policy has this cover you may consider lodging a claim on it and provide her DL and rego claiming she in uninsured and let your insurer chase her up. Police is useless as they will say its a civil matter and you need to take her to court.

            • mutnyi2001 on 23/02/2022 - 16:05

              @naruto128: Thanks. Find it very helpful. Will go through my policy coverage.

            • Noblejoker on 27/02/2022 - 18:14
              +2

              @naruto128: Naruto is spot on
              TPPD cover typically has an option to help if the other party is uninsured
              If you tell them she is insured - they tell you to claim from her
              Go back to your insurer and tell them (the truth) that she is not dealing with you and u want to claim as she is uninsured
              They will send her a letter of demand and then miraculously she will make a claim on her policy
              Hopefully for OP sake he can have progressed a claim under his TPPD by then anyway

  • PissLUR on 23/02/2022 - 13:50
    +3

    There is nothing that Allianz can do to help your case as you dont have a Comprehensive Car Insurance.

  • GG57 on 23/02/2022 - 13:53
    +3

    I thought your third-party insurance only covered damage by you to other vehicles?

    I think you need to pursue her directly (or her insurance company if you have the details) for the repairs to your car.

    • mutnyi2001 on 23/02/2022 - 13:56

      she does not reply to phone calls or texts

      • GG57 on 23/02/2022 - 13:59

        Then I think you either take it to a small claims court of just cover the costs yourself.

        • mutnyi2001 on 23/02/2022 - 14:02

          do you have any links about the small claims court? Do you think I have a chance there?

          • GG57 on 23/02/2022 - 14:14
            +2

            @mutnyi2001: Based on "…I told them that I am not sure whose fault it was…", I think you have little chance.

            To be honest, you chose not to be fully insured. This is an outcome.

            • naruto128 on 23/02/2022 - 15:16
              +4

              @GG57: This is why I now take out comprehensive even on my old junker with high excess to reduce premium. Pay a bit more but least I get the insurer to chase the other party.

  • tsunamisurfer on 23/02/2022 - 13:54

    First I hope you have her details including insurance details.

    Secondly check (the PDS) if Allianz will act on your behalf where you have 3rd party.

    If there are no provisions for representing you, then you are on your own, you may have to contact their insurance company and enquire about their claim with quotes for the damage.

    • mutnyi2001 on 23/02/2022 - 13:58
      +1

      there are no requirements to provide insurance details post car accidents.

      Good point about PDS though. Do you know any other legislative sources in similar cases?

  • Donaldhump on 23/02/2022 - 13:59

    This is how i think this would play out

    If you have 3rd party, your insurance would only cover damage to her car if you were deemed at fault and her insurance or herself sued you/made a claim and won.

    As far as your concerned, Allianz won't help you in pursuing her as you have no coverage. You would have to sue her/insurance company.

    • mutnyi2001 on 23/02/2022 - 14:01

      But to prove the fault they need to do some sort of investigation?

      How can I sue her for not claiming the case? Is it mandatory from her side to do the claim?

      • Donaldhump on 23/02/2022 - 14:06

        you sue her with the beleif she was at fault, by having photos of impact, cars etc. A judge would work out in 5 seconds who is at fault, or proportionate it at least.

        your biggest barrier is finding her in the first place. Stake her out, pretty easy to find most people if you put your mind to it.

        if your car is worth it and you are sure she is at fault and you can prove it get a solicitor to lodge a court case and then serve her papers if you can be bothered. If you can't find her put ad in the paper/facebook communtity page etc as last ditch effort, and if still no luck eventually you would win default judgement, and if you ever find her she will owe you, then you would have to pursue her to pay the debt…. this will be a nightmare, she probly has $2 to her name too. I am a bush lawyer too this process is probably more in depth.

        If you don't have comprehensive insurance I'm guessing your car is a shit box, so why bother?

        • mutnyi2001 on 23/02/2022 - 14:09

          Do you know if she is legally obliged to lodge the claim?

          • GG57 on 23/02/2022 - 14:15

            @mutnyi2001: No, she isn't.

            • mutnyi2001 on 23/02/2022 - 14:19

              @GG57: I just found the answer online myself- yes, she is.

              "….Yes, you need to declare all accidents that you're involved in, regardless of who, or what, was at fault. Pretty much all insurance providers will have a clause in their policy requiring you to declare any incidences you're involved in while driving in the past 5 years…"

              • GG57 on 23/02/2022 - 14:37

                @mutnyi2001: I'd be interested in your source; my understanding is that would be a requirement to take out a policy.
                I would also think that the vast majority of drivers would not "…declare any incidences you're involved in…"

              • Summoner on 23/02/2022 - 16:00
                +3

                @mutnyi2001:

                "….Yes, you need to declare all accidents that you're involved in, regardless of who, or what, was at fault. Pretty much all insurance providers will have a clause in their policy requiring you to declare any incidences you're involved in while driving in the past 5 years…"

                Not sure where you got those, but it appears it relates to the declaration you need to make when you are getting a motor vehicle insurance.

                If and when accident happens, you have a choice to deal with the accident with or without an insurance claim. This part is not mandatory.

                Also, if you do not have a comprehensive insruance and the other party just ignores you, its on you to take a legal action against the other party. If she continue to ignore you and if you believe she was at fault, seek help from a lawyer.

              • bweiss on 24/02/2022 - 08:18
                +2

                @mutnyi2001: I wouldn't bother quoting as gospel anything containing the phrase 'pretty much'.

                Also 'declaring any incidences' does not equate to making a claim on her insurance. It means that when it comes time to renew her insurance (or get other insurance) she would be bound under the terms of the insurer's contract to advise of such (different insurers have different requirements.. some only require at-fault accidents to be reported… and as you say 'I am not sure whose fault it was'.. doesn't sound like it was definitely her fault)

          • Donaldhump on 23/02/2022 - 14:17
            +2

            @mutnyi2001: no
            she would if she thought you were at fault.
            she isn't going to because she knows she is at fault, has no ethics, and knows it will be impossible for you to find her/persue her.

            find out where she leaves, do a steaming turd on her car windscreen, move on

            if your car means so much why not insure it, even if someone is at fault, admits it, if they have no money what are you going to get from them?

            • mutnyi2001 on 23/02/2022 - 14:26
              +1

              @Donaldhump: I know her address. But the suggested actions would be considered illegal. Don't want to go that pathway.

              • Donaldhump on 23/02/2022 - 14:30
                +4

                @mutnyi2001: so if you think she is at fault, lodge a court order and serve her, she will shit her pants. get your car damage assessed and sue her for the damage.
                or egg her house with a balaclava on
                or let it go

                get someone to record you serving her.

              • pjetson on 24/02/2022 - 10:35
                +3

                @mutnyi2001: If you have her address, you need to send her a letter of demand.

  • Euphemistic on 23/02/2022 - 14:59
    +4

    With the benefit of hindsight now, this is one of the reasons that comprehensive is a good option. It takes the headache out of making a claim against someone who isn’t playing nice.

  • mrkorrupt on 23/02/2022 - 15:08
    +2

    I see this all the time, the time when you need a dash cam is when its too late to buy a dash cam

  • Typical16-bitEnjoyer on 23/02/2022 - 15:58
    +1

    even though I told them that I am not sure whose fault it was.

    That was your first mistake.

    what is the best way to deal with my insurance company (Allianz) to keep the things moving?

    You need to obtain and review the PDS when you took out your policy. See if you have an Uninsured motorists extension clause. It appears in older Allianz PDS but not their current PDS.

  • MS Paint on 23/02/2022 - 16:19

    Does the contact details the person shared with you even exist? Possibly gave you fake details.

  • donga100 on 23/02/2022 - 16:35
    +3

    Get a quote for the repair from the most expensive repairer you can find, then send her a letter of demand for the full amount. She will then lodge a claim with her insurance and they will contact you ASAP.

  • Ughhh on 23/02/2022 - 17:29
    +3

    I have a feeling that as soon as you say that
    a) you only have third party, or
    b) don't have insurance,
    and you're definitely not at fault, the at fault party will feel more relaxed knowing you don't have a group of pros and lawyers behind you.

    • Euphemistic on 23/02/2022 - 18:17

      That’s a good point. It’s probably wise not to mention what type of insurance you have in throw situation. Merely state what is required (DL, name address etc) and tell them which insurance co you use and tell them you are going to go ahead with a claim.

      If you don’t have at least TPP insurance you shouldn’t be driving.

  • kokopop on 24/02/2022 - 09:03
    +1

    Few people have mentioned that you need to either show or provide license details. Don’t think this is correct. Only need to provide your name, owners name if different, address, and registration number.

    I would never be showing my license to anyone unless legally required to do so.

    • turbochris on 24/02/2022 - 12:42
      +3

      Despite people downvoting you, this is correct, at least in NSW:

      https://www.nsw.gov.au/topics/roads-safety-and-rules/warning…

      "If you’re involved in a crash you must give the other person or people involved:

      your name and address
your vehicle registration number
the name and address of the owner of the vehicle, if you’re not the owner.

      "
      You are under no obligation to provide your drivers licence number or show it to the other person.

      However, if the police attend, then you are obliged to show the police your licence.

      • kokopop on 24/02/2022 - 12:49
        +1

        Same in Victoria. I pretty much copy-pasted that from the VicRoads website.

      • naruto128 on 25/02/2022 - 14:21

        Just wondering what is there to prevent them providing fake name, address and contact details so you only have the rego number. Would only the rego number suffice to lodge the claim?

  • DealhunterMelbourne on 24/02/2022 - 13:03
    +2

    I think everyone has answered the questions, but I'd just like to add, what a piece of @#$% the other driver is, having comprehensive car insurance but not wanting to claim on it following an accident. I understand that claiming costs money and also pushes the premium up for the coming years, but WTF is the point of having the insurance if you're not going to claim on it!?

    • Euphemistic on 25/02/2022 - 15:51
      +1

      If the damage is less than the excess, why would you make a claim?

      My excess is high, and has been high for many years. It’s saved a lot in premiums since I put it high. I’m ahead because I haven’t made a claim. Assuming I was at fault for a minor repair, I’d be paying out of pocket and not making a claim. It’s worth even more if you have an age or inexperienced driver excess as well.

  • OzHunterNSW on 24/02/2022 - 14:21
    -4

    NO… as the policy states, they are only concerned with damage you caused, or fire, or theft, to your vehicle.

    You did get the other person's licence, please tell me you did. You did get the other diver's rego number, please tell me you did. You did fill out a report with police, didn't you.

    My guess is that you will have to personally contact this driver by writing, and furbish three repairs quotes. You tell them you will accept the lesser amount, and that this is to be paid in fourteen days.

    If the driver fails to respond, or disagrees, you will have to take her to court.

    My advice is —- get out of driver's blind spots. Don't you know how to drive. Get out of driver's blind spots. You should have known you are posing a danger by remaining "hidden" in driver's blind spot…. see…. you caused this accident by your own negligence and inability to drive properly in a safe manner.

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