Someone Hit My Car While Parked, Left Name and Number, Said They'd Pay Insurance Excess, then Disappeared. Can I do anything?

LEpiclad on 01/04/2022 - 15:34
Last edited 05/04/2022 - 02:05

Last week, a woman hit my parked car and caused $1400 in damages to rear bumper and left her name and number. For reference I don't have any insurance.
Luckily she answered my call and said and she has 3rd party insurance, said she will pay the excess and get back to me when they process the claim.
A week has passed, so I ask for an update, but she doesn't reply to any messages or pick up any calls. I'm afraid she is trying to get out of the situation by ignoring/blocking me and just running away without taking responsibility.

Is there any action I can take in this situation?
I have a note with her name/number and message saying she hit the car, but that's all for evidence.
I took her word for it saying she would pay excess and didn't get her details or rego.
And for reference how long would a claim of this sort take for an insurance company to process?

I'm little frustrated as I just bought the car a week before the incident, flat out working/studying as a uni student and can't really afford any repairs.

Update:
Filed a police report, trying to collect evidence and send a letter of demand to the guilty party, will see how that goes.

Update 2:
Car park CCTV footage caught her hitting me and got her rego, now I can send a letter of demand and make a case in small claims court.
I don't even care about the money at this point, just want her to own up and face the consequences.

Automotive

Comments

  • Hybroid on 01/04/2022 - 15:37
    +73

    Normal case: Contact your insurance. Give them all the info you have. Let them do their job.

    Since you don't have insurance, that's a risk you chose to take unfortunately. Keep badgering her to pay up is all you can do.

    • Epiclad on 01/04/2022 - 16:21
      +10

      I thought as much.
      The annoying part is, over the phone she gave this whole spiel about believing in karma and the importance of righting any wrongs you do to people, all to suddenly disappear in a puff of smoke. Ugh.

      • EightImmortals on 01/04/2022 - 17:11
        +46

        Maybe she ascended?

        • [Deactivated] on 01/04/2022 - 17:19
          +9

          She ded?

          • knasty on 02/04/2022 - 13:33
            +10

            @[Deactivated]: Maybe her name was Zed, cause Zed's dead, baby, Zed's dead.

            • [Deactivated] on 02/04/2022 - 14:39

              @knasty: lol

              poor Bruno ;(

      • donny donny on 02/04/2022 - 21:47
        +6

        Did you happen/accidentally to tell her that you have bo insurance??

    • dust on 01/04/2022 - 17:24
      +21

      Or just keep driving the damaged car and use that as a reminder to get (comprehensive) insurance?

      • Intoxicoligist on 03/04/2022 - 13:37
        +10

        Comprehensive isn't worth it on a lot of cars on the road at the moment. I wouldn't pay 1/5th the value of my car in premium's every year for it.

        • EightImmortals on 04/04/2022 - 06:23
          +1

          True, but 3rd party property insurance is probably a good idea for you run into that Ferrari.

      • ireadtermsofuse on 04/04/2022 - 12:45

        Lol. I can imagine them driving with the rear bumper just dragging along the road

  • SlavOz on 01/04/2022 - 15:38
    -1

    Bikies.

    • Hardlyworkin on 01/04/2022 - 16:53
      +1

      Just make sure they are wearing a mask and are fully vaxxed before hiring them ;)

    • TilacVIP on 02/04/2022 - 09:09
      +9

      yawnnnn!

  • orangetrain on 01/04/2022 - 15:42
    -3

    Contact a lawyer, provide the information. The lawyer will chase it up on your behalf.

    • Jason Genova on 01/04/2022 - 15:52
      +23

      april fools joke?

    • Phlume on 01/04/2022 - 15:59
      +59

      I don't think a person who can't afford car insurance can afford a lawyer…

      • orangetrain on 01/04/2022 - 16:15
        -1

        Can they afford a contingency lawyer?

      • dust on 01/04/2022 - 17:23
        +7

        In this instance it doesn't sound like OP is wealthy enough to not have insurance.

        • ozbjunkie on 02/04/2022 - 13:48
          +9

          This guy sells insurance

      • solidussnake on 02/04/2022 - 08:28

        Or common sense too

      • the4thzodiac on 02/04/2022 - 17:49

        not a fair assessment.

        choosing to not spend doesn't imply a lack of access to funds.

      • Seraphin7 on 02/04/2022 - 20:52

        Yet ironically so many who can't afford insurance still seem to think they can afford a car.

      • [Deactivated] on 03/04/2022 - 16:06

        ozbargain lawyer*

    • AustriaBargain on 03/04/2022 - 07:16

      Lawyer will cost more than $1400. If OP had insurance then their premiums would include the cost a of a lawyer for this kind of thing.

    • hayne on 03/04/2022 - 17:43

      If you can’t afford a lawyer, then you can go to a community legal centre. They provide free legal advice and get stuff like this all the time. Different from Legal Aid.

      Oh, and like everyone else said, get insurance. Lesson for next time.

    • caitsith01 on 03/04/2022 - 22:06

      Lawyers do not have a magical way of finding/identifying people that is inaccesible to non-lawyers.

  • Euphemistic on 01/04/2022 - 15:45
    +14
    1. Get insurance. You can’t afford not to have at least 3rd party. If you can’t afford to replace the car, you should get comprehensive. That way if someone hits you (assuming You think you won’t crash) you can still have your car repaired.
    2. Send letter of demand.
    3. Wait, drive damaged car for next x years while they drag it out.
    • TigerWoops on 02/04/2022 - 17:24
      +1

      In my experience damaged car is not accepted by insurance company. I found one but not easy.

      • Slo20 on 03/04/2022 - 20:30

        I’ve never had to declare if my car has existing damage. Hail damage? Yes. Made a claim in last x years? Yes, but never asked if it has general damage.

        • Chandler on 04/04/2022 - 11:47

          You'll probably find you're failing to meet your duty of disclosure.

          You'll also probably find that wording of such is somewhere in the T&Cs.

          You'll also probably find your claim denied (and potentially your policy voided) if they find existing damage breaching one or more of the above.

          • Slo20 on 04/04/2022 - 12:43
            +1

            @Chandler: I just did a dummy online application with NRMA as no where does it ask for info on pre existing damage or gives an option to include any. I then checked the PDS and cannot see anywhere in there that refers to reporting pre existing damage. (Happy to be corrected as it’s a huge document)

            Not saying it’s not required by some insurers but in my decades or having car insurance I’ve never seen it as a something to disclose.

            • Chandler on 04/04/2022 - 15:18
              +1

              @Slo20: TIL. I can't see them specifically request/require disclosure of existing damage in their PDS either.

              Having said that, insurer's will use any excuse they can to not payout so if you've disclosed any existing damage they can't use that as an excuse (although they'll probably try and you'll still have to argue with them about it anyway…).

              RACQ do specifically state they won't pay to repair existing damage, but don't specifically mention disclosing it's existence to them.

              Additional repair costs we don’t pay for

              We don’t pay any additional costs:

              • […]
              • to repair any pre-existing damage to your vehicle or your caravan or trailer. Any claim settlement will be less the cost to repair the pre-existing damage,
              • […]
              • Slo20 on 04/04/2022 - 15:33

                @Chandler: Thanks for looking mate. 100% agree insurers will look for any excuse to not pay out.

                • Euphemistic on 04/04/2022 - 19:31

                  @Slo20: They often will insure you, and cause headaches later. Had a mate who was getting grief when making a claim because his car had panel damage from a separate incident (not claimed). Something like they were refusing to replace one of the guards because both ends of it were damaged but only one end was from the latest incident.

  • Quantumcat on 01/04/2022 - 15:59
    +6

    See legal aid and have them help you write a letter of demand

    • iCandy on 02/04/2022 - 09:06

      Legal Aid doesn’t help with issues like this.

  • toniyellow on 01/04/2022 - 16:01
    +11

    https://mva.financialrights.org.au/ is a good resource.

    If it is only a week ago, may be worth a trip back to the area to see if you can spot any CCTV cameras you may be able to get her rego from. Long shot, but you never know.

    • Epiclad on 02/04/2022 - 18:52
      +3

      Going to the security office there tomorrow to check if they have any camera footage of the area.
      Once I can identify her rego I plan to send a letter of demand and follow up in small claims court.

    • Quantumcat on 01/04/2022 - 16:06
      +26

      That 3rd party insurance that is included with registration is for injury, not property

    • Euphemistic on 01/04/2022 - 16:38
      +13

      3rd party included in registration is for injury to other people only. It DOES NOT COVER YOU FOR PROPERTY DAMAGE

    • turbochris on 02/04/2022 - 08:57
      +2

      Legal aid will not deal with civil matters like this.

    • Seaeagles on 02/04/2022 - 13:21
      +8

      The compulsory third party insurance included with registration should be called something else.
      Too many people get confused and think it covers them against damage to other peoples property.

      Maybe change how it works and have it cover property damage as well, yes it will cost more for rego but those who have full insurance wouldn't be paying that component in the comprehensive insurance.
      There are far too many driving without any insurance and the ones doing the right thing get punished.

      • freddofrog42 on 03/04/2022 - 16:40

        Totally agree. Coming from overseas this is a common misunderstanding.

      • kiLbiL on 04/04/2022 - 13:19

        It should be like you only pay for the registration but you need at least 3rd party insurance for you to be on the road

    • Bad Company on 14/04/2022 - 10:26

      3rd party includes to injury to people only. In most cases OTHER people (the other driver/passengers, and your passengers), so not yourself. NRMA in NSW seems to be the only exception here, which covers yourself. But again that's just injuries, not property damage.

  • cupcake on 01/04/2022 - 16:04
    +34

    You don't have any insurance?!
    Please don't drive.

    • Jimothy Wongingtons on 01/04/2022 - 16:16

      I assume they meant dont have comprehensive - they have 3rd party..right op???

    • Frashal on 01/04/2022 - 19:24
      +26

      They really should make 3rd party property compulsory. If you can't afford to fix other people's cars if you crash into them, you can't afford to drive.

      • Jimothy Wongingtons on 01/04/2022 - 23:08

        To me it’s a common courtesy at the least and peace of mind because I’m not a POS who would damage someone else’s property and just bolt.

      • skidexa on 02/04/2022 - 22:23

        While true…in this case having just 3rd party wont help if the other person has 3rd party insurance but won't make a claim

    • smartazz104 on 02/04/2022 - 14:11
      +1

      Well he was parked…

    • tanastra on 03/04/2022 - 15:37

      Well said and lesson to stop uninsured driver from driving . Thanks to that lady ..

  • PissLUR on 01/04/2022 - 16:05
    +4

    did you tell her that you dont have insurance?

  • rektrading on 01/04/2022 - 16:06
    +2

    Epic April.

  • MS Paint on 01/04/2022 - 16:13
    +16

    For reference I don't have any insurance.

    For reference please don't drive anywhere near me

    • dust on 01/04/2022 - 17:24

      Maybe they've got 3rd party?

      • chriskq on 02/04/2022 - 12:38
        -6

        What do you mean maybe? You need 3rd party before you can pay for rego.

        • Euphemistic on 02/04/2022 - 14:45
          +5

          3rd party for rego does not cover you for damages to property, only persons. Pretty much not insured if you don’t at least have third party PROPERTY.

  • Hithere on 01/04/2022 - 16:25
    +3

    Looks like you won't be buying an E14 now OP.

    If you can't afford insurance you shouldn't be driving.

    • Quantumcat on 01/04/2022 - 16:38
      +5

      Agree - they should make it that when you buy compulsory third party for your registration, you pay for third party property at the same time, but you have to call up and get a refund if you are really sure you don't want it. So it is an opt-out not opt-in.

      • o53djz7qTPY4der on 01/04/2022 - 19:34
        +6

        I don't even think there should be an opt-out. The number of "I was involved in a car crash/accident/bingle but don't have any insurance" posts is insane.

        • endotherm on 02/04/2022 - 19:36
          +4

          What's insane is that they all make a beeline to OzBargain once they are involved in a collision. Are they providing a link in the drivers licence handbook now or something?

  • Pufff on 01/04/2022 - 17:51

    Bad situation. The only thing you can do these days is to keep chasing and threaten to take them to court. Will take time and money though unfortunately.

    • Domingo on 01/04/2022 - 18:52
      +15

      How do you propose OP does that when someone hits their car while they aren't there, and then leaves contact details?

      • apsilon on 01/04/2022 - 19:07
        +3

        Dashcams with parking mode are good for this but not perfect. Of course if you're not going to bother with insurance you're probably not going to worry about a dashcam either.

      • screensaver on 02/04/2022 - 02:48
        -5

        duh I was talking about the same scenario isnt it obvious

    • kerfuffle on 01/04/2022 - 20:21
      +6

      Rookie mistake

      I don’t think you can say much here?

      • screensaver on 02/04/2022 - 02:49
        -1

        thats nothing to do with parked cars

        • digitalbath on 02/04/2022 - 08:35
          +4

          Your rookie mistake is more amusing though.

        • gimli on 02/04/2022 - 16:10
          +3

          Sometimes best to stay quiet…

  • andresampras on 01/04/2022 - 18:30
    +3

    OP this is a good policy for cheap cars, sort of in-between CTP and comprehensive:

    https://www.nrma.com.au/car-insurance/third-party-fire-theft…

  • T3J on 01/04/2022 - 19:17
    +2

    "I don't have any insurance." You are now getting what you pay for and learning a life lesson. I honestly stopped reading past that full stop.

  • tio on 01/04/2022 - 20:08
    +1

    there maybe someone that can help you dealing with the other party on your behalf. Like this mob below:
    https://compasscars.com.au/

  • dragong87 on 01/04/2022 - 20:43
    +4

    give them the benefit of the doubt and Follow up with them again - who knows something personal may have happened which has kept them busy.
    Them leaving a correct name and number is already something positive. They could've driven off or left a wrong name and number if they didnt want to do anything.

  • morse on 02/04/2022 - 03:43
    +8

    Make a police report of the incident for the purpose of evidence. Write a letter of demand. She is probably stalling. I expect she’s only just realised that her third party insurance doesn’t include property or that the excess is higher than she thought. But who knows, she may be sick or something.

    • Epiclad on 02/04/2022 - 19:02
      +1

      I think your expectation was correct. Ignoring me for several days and my calls are going straight to voicemail (i.e. she blocked my number).
      Even though she literally said in text message, a week ago but after some stalling, "yep i made claim they to process it"

      I just made a police report and will go check CCTV cameras near the scene tomorrow to try to confirm her rego and collect evidence.
      I will write a letter of demand after that. Not sure how I can issue the letter of demand when I don't know her address.
      The police have her address so maybe I can do it through them.

      • kiLbiL on 04/04/2022 - 13:22
        +1

        If you don't have her Rego how come police would even have her address?

        • Epiclad on 05/04/2022 - 02:07

          They found her identity just with the name and phone number from the note.
          I was surprised too.

  • TilacVIP on 02/04/2022 - 09:15

    Basically, if the person who wrote the note, really hit your car and they don't follow up with that they said they would do and had a change of mind, then I doubt there is much you can do. That not could have been written by anyone, and you'd have to get lawyers involved, and by that time, it does not make it worthwhile from merely a financial perspective.

    Best outcome is if does exactly as she said, and you get some insurance.

    Like others have said, at least "third party" insurance where the person not at fault has their car fixed.

  • gromit on 02/04/2022 - 10:01

    A week is hardly a long time when dealing with Insurance claims unless they are emergency claims. If she only had 3rd party property perhaps, like you, she is relatively hard up for money and got a shock when she realised the excess she had to pay. Yes it is a bit rough people saying you shouldn't be driving, I assume you actually do have 3rd party property insurance as very few are dumb enough to drive without at least that.

    • Epiclad on 02/04/2022 - 16:16

      I thought about that, but the thing is she confirmed that the excess would be around $600 the day of the accident when I called her, couple days later said she will lodge the claim, but then no reply after that.
      Also, I imagine she would need my details for the claim as well, none of which she asked for except for my name and number.

    • apsilon on 02/04/2022 - 16:21

      If they're an insurer that's a member of the Insurance Council of Australia they should follow the General Insurance Code of Practice under which they have 10 working days to approve or deny a claim IIRC.

  • Ughhh on 02/04/2022 - 10:07

    Hopefully you didn't tell her that you dont have insurance.

    • Sweetnsour on 02/04/2022 - 17:07
      -1

      Why would it matter?

      • Ughhh on 02/04/2022 - 17:10
        +3

        It means the other party doesn't have to worry about a group of experienced people/lawyers (if op had insurance) chasing them, therefore less incentive/pressure to do the right thing.

        • Sweetnsour on 02/04/2022 - 17:18
          -2

          But if OP had insurance. I don't see how motivated she would be. "Oh good you got insurance, I won't need to claim mine"

          • Ughhh on 02/04/2022 - 17:21
            +1

            @Sweetnsour: It wouldn't matter if she's motivated or not, as you wont be dealing with her anymore, your insurance will, that's what you pay insurance for.
            If she wont pay the (ops) Insurance (for damages) , theyll take her to court, that's not your problem anymore.

            • Sweetnsour on 02/04/2022 - 20:05

              @Ughhh:

              Hopefully you didn't tell her that you dont have insurance.

              That's exactly my point. Why would it matter if you told her you do or don't have insurance. You are focusing on the wrong thing.

              • Ughhh on 02/04/2022 - 23:40

                @Sweetnsour: Why reveal your cards and weak points? Especially when there's a chance the at fault party may be dodgy?

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