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

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.

Comments

        • +1

          Unfortunately I told her that I didn't have insurance, but only because she immediately said she would be happy to pay her excess to cover the damage after I first contacted her.
          I thought it would push her to pay her excess (which she was probably wrongly understanding, or didn't even have, which became apparent after her stalling and ignoring my messages) rather than pay the full repair cost.

          But you're right, in hindsight, I should have just not said anything and grilled her for her details instead.

  • Can you take them to qcat for the repair amount?

  • 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.

    Sounds like you need insurance

  • +4

    You could ask the police to call them. I've had luck in the past for similiar things where a call from the cops, even if they can't do compel them to do anthing, lits a fire under them and tells them it won't just go away.

    • +2

      Second that. Since you’ve got a name and phone number, this is likely going to work.

    • The police aren’t debt collectors.

      • +2

        They won't but a call from a cop saying "Hey this person could sue you, you should sort it out" generally makes people do something

        • What will more likely happen is the Police will ring up the other party, remind them of their obligation to provide full details (ie. full name and address) and tell them that if they provide those details to the person they hit, then they will not take things further.

    • +2

      I'm going to try this if she still doesn't reply by next week.
      I tried calling her, no luck, so sent a text threatening with a police report/letter of demand etc. Will see how that goes.

  • +2

    Call her from another number and say you will go to the police unless she cooperates. The police will do sfa but the thought of you reporting her might be enough to get her onboard. You need to clarify if she just has 3rd party as in CTP or if she has 3rd party property. The first will not help you, the second will cover your car. Good luck.

  • +4

    You can prefix her number with 1831 when you call her: this will stop your phone sending your number. See https://exchange.telstra.com.au/how-to-block-your-number-and…

    • I dunno. People answering private numbers are 50/50. Usually scams or telemarketers.

  • +7

    make a police report, they can track down owner via the phone number and take action leaving the scene of an accident.

    • +1

      As above. Make a police report and give them name and phone number. They might call her or give you the address…..like they did for me

  • -1

    Edit:
    To all the people telling me I shouldn't be driving, even though the incident in question is from another driver hitting my parked car, thank you for your very, very helpful advice.

    What if the shoe was on the other foot?

    Next time it might be you hitting someone's car. I'm sure the other driver won't say "Don't worry about the damage as you're not insured, I'll pay for it myself".

    I'll stick with what I previously said, if you can't, or won't pay for insurance you shouldn't be driving.

    • +1

      Agree shouldn’t be driving without at least third party property (TPP).

      However, if you NEED your car for work etc and cannot afford to lose all the investment you’ve made in it you should get comprehensive insurance.

      Eg you may be comfortable with TPP with a $5000 car knowing you could quickly find another $1500 car to make do while it’s repaired or can afford to go without while repairs are carried out. If you Must drive to work and live payday to payday with no savings you need to factor in insurance in case someone writes off you car and you can’t claim on their insurance, ie hit and run

    • +6

      If the shoe was on the other foot, I'd have the decency to own up to my mistake and pay for the damages regardless of either party's insurance.
      I understand that's the risk I take by not being insured. I've been driving for 10 years and have never caused any property damage to myself or another party.

      In any case, the situation at hand has nothing to do with these "what ifs".

      What if you were in my position? Would you think it's fair and just if a beginner driver (as she revealed over the phone), in one of the states busiest parking lots, backed into and damaged your perfectly parked car and tried to get away without having to face any consequences?

      And even if I did have TPP insurance, I would still be up for something like $500 excess all because of another careless persons mistake.
      Yet all you can do is blame me is tell me I shouldn't be driving.

      • +2

        What if you were in my position?

        I hope I never will be, however, I can at least know that my comprehensive insurance policy would cover me if someone, without insurance, like you, runs into my car.

      • And even if I did have TPP insurance, I would still be up for something like $500 excess all because of another careless persons mistake.

        That doesn't make sense. If you only had third-party property and were not at fault there would be no excess and your insurance would do nothing for you.

        If you have third-party property and are at fault it would not be caused by another person's careless mistake.

        Do you mean comprehensive?

        What if you were in my position? Would you think it's fair and just if a beginner driver (as she revealed over the phone), in one of the states busiest parking lots, backed into and damaged your perfectly parked car and tried to get away without having to face any consequences?

        It's not fair, but it is something that can happen. By not taking out comprehensive insurance you have effectively decided to self-insure this situation. This means you have money saved for the unlikely event it happens so you can repair or replace your car yourself.

      • "If the shoe was on the other foot, I'd have the decency to own up to my mistake and pay for the damages regardless of either party's insurance."

        Are you sure about that though?

        You drive a car that's 18 years old - how are you going to pay for damages if you run into someone's Porsche?

      • +2

        Tbh 10 years of driving with no insurance has netted you 10k of savings (assuming comprehensive)

        This setback of $1400 loss is still a net gain, so even if you are unable to recover it you're still up.

        It just comes with the risk of having an uninsured car. You're lucky that there's been no incidents and also that you haven't been liable for someone else's (possibly more expensive) car

    • +1

      There are simply too many hypotheticals. The fact remains OP was wronged and regardless of insurance status, he should not be pilloried.

      If he chooses to self insure, that is his business. People dont have the right to say "you cant drive" or "you are

      I repeat. This forum has far too many hard lefts audience that spew illogicals like this.

      • Based and redpilled

      • I don’t agree that TPP should be compulsory, would just drive up costs. I do agree that unless you are very wealthy you shouldn’t be driving without TPP and if you NEED your car for work etc and can not afford to replace it at short notice you NEED comprehensive.

        • The problem is that the most likely ppl to not have tpp are those that can't afford to pay for damages.

          It costs a few hundred a year to be insured up to 20m in damages. So it's not millionaires driving around without tpp - its ppl that can't afford even that and they really shouldn't be on the road.

          Mandatory insurance doesn't increase costs, it just means the victim isn't left with the cost of an accident.

          • @witsa:

            Mandatory insurance doesn't increase costs.

            Tell that to NSW car owners, then ask them about Green slip costs.

            It’s true that those can least afford to have it are the most likely to need TPP. This only reinforces the importance of having your own comprehensive insurance in case one of the uninsured drivers crashes into you.

  • +3

    So all the money you saved not paying a yearly premium can now go towards fixing the damage. What car is it by the way?

    • +1

      It's a 2004 Mazda6 hatch. Bought it literally two weeks before the incident to replace the old bomb of a commodore I was driving.
      Crash repair place quoted $1400 for a replacement bumper and spray. If only I drove the bomb for just two more weeks :(

      • +4

        if claiming against the other driver doesn’t work out, go get a wrecker bumper in the same colour.

      • What was the bomb?

        • Gold limited edition 1988 VL Turbo in original condition. No wonder he wanted to get rid of it.

  • Did she say who her insurance company was? You could ring them yourself.

    • They normally won’t do anything unless the other party lodges a claim.

  • +1

    If the other party is uncooperative, in SA there's the small claims court. There's probably an equivalent interstate. Doesn't require a lawyer. The court will take a fee but better than nothing.

    • Thanks, I am in SA and I've sussed the small claims court. It's probably more headache than it's worth, and hopefully it doesn't come to that, but I would be nice to see some justice come out of this.
      If the cops can't help at all then this might be the next option.

  • Third party insurance should be mandatory by law as part of the rego.

  • +2

    Why did you open an account on OZB to ask for legal advice?

    • +6

      Because our rates are very reasonable?

    • +5

      large active community of people who may have had a similar experience?

      A couple of us have already posted our advice of getting money out of uninsured people who have damaged our car.

      Worked out pretty quick.

      What method would you have suggested?

      • I don't think they had the same intention of helping, like you did.

  • This thread makes me think their should be a module on insurance in the written + practical driving test.

    Also makes me want to hold onto comprehensive a bit longer on an older vehicle… Just incase one of the many people who don't understand "compulsory 3rd party" crashes into me.

    • -2

      You are right, there should be. I had always thought compulsory 3rd party covers incidents like this, until now, learning the hard way.

      • +2

        You can’t be serious, are you 10

        • +2

          They are serious. Some people just hear a concept and then dream up what it means to them. Not what it is in reality.

  • +2

    File a police report.
    Assuming that her damage is the same as yours, the combined damages will be close enough to the $3,000 mark to justify this.
    Tell the police that she left the scene without leaving details.
    The RAC says "WA law mandates that drivers involved in a crash must stop and supply their name and address. Where the driver is not the vehicle's owner, they must provide the owner's name and address. If they refuse, call the police."
    The situation may be different in other states, but involving the police may force her hand into revealing her details, or even paying up. It will also provide some evidence if you have to go to small claims court.

  • +2

    Something similar happened to me. Note definitely get at least 3rd party insurance in the future but even with that, a lot of insurance companies won't help you unless you have comprehensive so you will need to know this anyway.

    Hopefully you've taken photos, submitted police report and exchanged licence details at the scene.

    All you need to do is
    - give this woman a final sms saying you will be sending her a letter of demand within X days. It's her responsibility to contact her insurer if she chooses
    - send the letter of demand after x days with the cost of damages. Find a template for that at your state legal aid or gov website
    - wait however many days specified in letter of demand for either her or her insurer to contact you and settle
    - if she doesn't respond, pursue a claim via small claims court. No lawyer required and if she doesn't turn up, you win automatically. If she does, you have all the evidence anyway.
    - the court can garnish her future wages if it comes down to it. Obviously if it comes down to that, you won't get your money back for years but if someone was going to go that much to avoid paying an insurance excess, it would still be worth doing that out of spite.

    Most likely once the wheels are in motion most ppl will quickly just pay out or contact their insurer to deal with it.

    • I dont think they willl automatically garnish her wages. She will need to be served with documents.

      A guy I was chasing for money lost in court, then dodged getting served for years. Cant do anything about it.

      • Can't even serve the documents while he is at work?

        • +2

          You'd think so!

          He is even listed as the director of a company (tradie), so legally must be reachable at the address listed on the company record.

          The judge disapproved of us serving the documents by mail even though he must legally be reachable there.

          Sent a PI to his house (costing me more money) to serve him a couple of times, but refused to come out.

          Basically, if you are a scumbag you can get away with a lot.

          • +1

            @StalkingIbis: So you couldn't serve him because you couldn't physically reach him despite knowing his address and place of work?

            • @witsa: Correct. Even sent the private investigator and my lawyer at a later date.

          • +1

            @StalkingIbis: Should have turned up dressed as a postie, when he opened the door, bam! Served.

    • +1

      Thanks for weighing in.
      Unfortunately I didn't get her rego/licence/address, but I just went to the police station to file a report and with her mobile number and name they found her address, tried calling (went through to message bank), left a message, and said they would send a formal letter to her address requesting details etc.
      Hopefully this is enough to scare her into owning up but we will see.

      Because I can't confirm the car she was driving (although I can guess it was white judging by the amount of paint she left on my bumper), I now have to try my luck at the shopping mall security office for camera footage. Considering I parked near the entrance of a busy mall (where I work), hopefully my chances are good.
      With that, I should have enough evidence and then send a letter of demand. Although not sure how I can send it because she didn't personally give me her address, so perhaps I can do it through the police?

      • +4

        awesome.

        I had a note left on mine with name and number only. That was enough for police to help me out and she came out of the woodwork after ghosting me for months.

        She even said, "I tried to do the right thing and leave my name and number, and now you're wanting me to pay? Gees, you try and do the right thing and look what happens!"

        Lol, what?! What did you think the right outcome is and why were you leaving your name and number in the first place???

        Eventully got some money out of her.

        She complained at the first quote we gave her of $500 (cracked licence plate mount and front bumper on new camry) so we got her another two around 1K and suddenly she accepted the first quote.

        • +1

          I had a good one. Car parked on a random side street. Came back and driver door fully dented. Like someone had reversed out of the community centre across the road into it.
          Was a note on windscreen from the neighbour who saw it happen. Then the lady went to that neighbour and asked if it was their car. They said no. So she said she’d leave a note. She left the house and then bailed.
          Neighbour got the rego and car details.
          Took it to the cop shop 3 doors down and filed a report.
          They got her details for me and then sorted it from there.

    • -4

      I agree with the sentiment mate, I've been confidently driving for 10 years without insurance and never been at fault or involved in any accident for that matter.
      And you're right, if I had a dashcam I would have at least been able to identify her car/rego/person in the case that she tries to run (which she now is).
      I care more about her getting served justice than the money at this point.

      • Dashcam only works if the rego plate is in view. Hit from the wrong angle and you’ve got nothing. Night time with their headlights on, you get nothing.

        Insurance doesn’t just cover you for damage you cause to others. What if it was a hit and run? You come back to your car and it’s totaled and not CCTV nearby. What if the other party has no insurance? What if they are DUI and their insurers doesn’t play ball?

        Sure, it’s a calculated risk, but it’s a big risk given the amount of damage that can be caused.

        Been driving since last century and had 2 incidents. 10 years? You were probably due for one.

      • Yeah probably on Centrelink in a commission house, so when you hit that bmw they can’t get blood out of a stone, geez there is some deadshits getting around.

      • +1

        Third party for me is $500, for my dad is $300. 10 years is $3000-$5000, all it takes is one slip up in 10 years, that might not even be your fault but legally is and you could be looking at tens of thousands. Sure insurance is mathematically against you because they have to profit but could you afford fixing up a Tesla or a Lambo if you hit one?

        • That seems like a fair amount to pay for insurance, but does that include damage that other people do to your vehicle? Or only if you are the party at fault?

          • @Epiclad: You need comprehensive to cover your vehicle for damages by others. TPP sometimes has additional coverage up to eg $5k for damages caused by other drivers that are uninsured - but check your policy details.

          • @Epiclad: Damage other people do to your vehicle, they cover it. However, in situations like yours you're typically screwed.

    • You sound like those guys who don’t really believe in Covid and only wear face masks when mandated lol

    • Sounds like you need to lay off the crack.

  • +1

    Easiest solution for you: Go to a panel beater who is happy to sort it out, fix your car and chase her on your behalf. Its not my place to recommend any specific group as they may do good or bad work I don't know. But one example starts with "Sh" and rhymes with "clean".
    Be aware that under this paradigm they will likely get you to sign a contract which allows their law firm to sue the other driver on your behalf. Get your own legal advice if you feel you need it.

    Worth a try: Cops.

    Hardest solution: chase her yourself. It sounds like you're not having much success with this.

  • -4

    Stay off the road until you at least have third party insurance.

  • Surprised police are even doing anything for you with your 'evidence'. I guess they are just trying to help out which is extremely nice of them. In reality, the note you have is basically worthless, unless the guilty party is stupid (and they do sound stupid) then there is leverage there (when there shouldn't be any).

    So hopefully it all works out for you.

    Yes insurance is a scam, but it's not all about the money in the end it's piece of mind also.

    If we had a large enough group of good, honest people then we could start our own insurance fund and not charge ridiculous premiums.

    • The lady cop definitely didn't have to do anything, but I'm very appreciative that she sympathised with my situation and did her best to help.
      And after looking up the guilty party's identity using the note, the cop seemed to discern that it'd be worth serving justice to them.
      If only the good, honest people outweighed the dishonest, bad drivers.

    • By 'stupid' Do you mean honest and truthful? What a world we live in.

      • Not sure if playing nice, making up stories about insurance, stalling, then ignoring/blocking me is honest and truthful.
        As its a busy car park there must've been some witnesses and she must've paniced and did what an honest person should do in that situation. And after realising the cost of the damage caused she decided to flake out.

  • Very interesting that she left her real number. It's like bringing trouble right into her home.

    • +1

      What's even stranger is, when I called her she was very amiable at first (she seemed drunk), even started flirting with me and asked what my type is, offered to buy me a drink and talk about how to resolve the damage, etc. Probably in attempt to seduce me or butter me up to avoid having to pay. Bet she is regretting that now after getting a call from the cops.

  • I cannot make a determination until I know the make and model of the cars involved

  • -1

    No insurance, no sympathy, fix your car yourself :)

  • -3

    How can it be legal for someone to drive without insurance ?

  • +1

    People often think that they can cover the cost of their car repairs themselves rather than paying for comprehensive insurances. Mostly their car value is less. They don't understand if they hit someone's expensive car or ran in someone's house then their insurance company will come after you. It could be hundreds of thousands of dollars. If you are that confident that you will not hit someone then go for higher access. At least you can claim for other's fault. Lady here is nice citizen who left contact details and ready to pay at fault access. Unfortunately you can't get anything directly from that lady.
    She can complaint against you that you are troubling/intimidating her.
    Cops can only fine her so that govt can make more money. They can't get your money out.
    Only way is to go to court but court will also say the same that you should have taken insurance to cover yourself. Keep fighting in court with private lawyer if you find any. No one will take your case as they can't make money here. They all have defined areas.

  • …I can't with half of the posts here sometimes…Maybe this is why life wanted me to be an Insurance Broker, who knows…

    1. Get TPF&T at the very least. You won't have to worry about any future posts like this.
    2. Good that you've engaged the cops. They won't be as nasty as the Insurance companies when it comes to third party recoveries.
    3. Make friends with a mechanic and a panel beater so this goes slightly better for you next time, even if you decide to take up insurance
    • +1

      Any advice on how to achieve #3?

      Is there like a Tinder for mechanics and panel beaters?

      • Honestly, yellow pages and word of mouth still works. So, ask your friends?

        Also, if you get into an accident, Insurance companies pick for you most times and it's a kind of a good opportunity to have a chat with them, as well as their neighbors since mechanics/panel beaters usually converge onto the same spot normally.

        • Thanks to my car being an accident magnet, I'm already friendly with a certain panel beater - side note, I avoid comprehensive policies that don't let you choose your own repairer. My one and only experience with an insurer-recommended repairer was an unpleasant debacle; they staff couldn't care less if their lives depended on it.

          So anyway I agree with you in theory, but if someone isn't a regular participant in the accident scene, I'd say it's pretty hard to build rapport.

          • @andresampras: The other way I'd suggest is to build a rapport with the mechanic/shop who you use to service your car because at least you know someone who knows your car enough to give decent advice.

  • Curious on how do insurance companies get other party to pay? Or is it that is hard for them and then they just cover the cost themselves ?

    • +2

      I believe if the other party is not willing, they get a debt collection agency involved.
      Or maybe the debt collectors are involved from the start….not sure.

      Perhaps Carmen Sandiego can shed some light.

      • +1

        You called? :)

        Insurance companies either have a third party recoveries team (if they're large enough), or they do it via claims companies like Proclaim to sort it.

        Debt collectors only get involved when the party that needs to pay evades communication so, be warned NOT to do that.

        And if you think you can just wait until things settle down, just no. Debt companies will pay for these accounts so they can claim some reward.

        TL;DR - There are enough companies who will go after third parties that Insurance companies don't often lose money on claims.

        • +2

          Thanks for the insight!

          BTW the game would've been so much easier if you'd have shown up so readily, back in the day :P

          • @andresampras: Anytime! Happy to educate people on Insurance and claims so more of these posts reduce (I'm being too optimistic, I know)

            Hah! Where's your sense of fun? :)

        • +2

          Thanks. Yeah i have seen few posts around this at ozbargain.
          Its a bit late for OP, but personally I have car with low value. However, I still get a Comprehensive Insurance with very high excess. Its around $200-$300 per year. Basically, if my fault, my car is a write off but covers for all other scenarios without any hassle

          • @yjun355: Take a look at this:
            https://www.nrma.com.au/car-insurance/third-party-fire-theft…
            It covers your car up to $5k, if someone else hits you.

            Although how you're getting comprehensive coverage for under $300 per year, is impressive to me. Not in a capital city?

            Edit: how high is 'very high' excess?

            • +1

              @andresampras: Its in Sydney with AAMI. Maybe its $350 but definately under <$400. I will check when renew next time.

            • @andresampras: I would hazard that @Yoman55555 might have an excess of $1K+

          • +1

            @yjun355: You're welcome :) I despair but, at the end of the day, if this message gets to the other 50% of uninsured, I've done something good.

            That's definitely a good idea for everyone (honestly, the insurance premiums for brand new cars is often too high for me to comfortably get a new car anytime soon) since at least Insurance companies have a large enough pool to pay out on claims that hit well and beyond what an average person has in savings from not buying insurance.

            Most people forget to factor in court costs, cleanup, and medical costs amongst what liability covers that Insurers pay out. I just thank god that we're not in America and Canada where the lowest figure of Liability you can do is $20K. That goes nowhere fast and you're left bankrupt even when you do have Comprehensive.

            • +1

              @Carmen Sandiego: Well it certainly worked :). Logically, you think its same scenario and would be easy to make claims when someone else's fault. But thanks for few threads on Ozbargain, I got comprehensive with high excess. Otherwise, i would have just gone with 3rd party only.

              • @yjun355: Oh good :)

                Logic and claims never mix well. Everyone gets very emotional when it come time to fork out any amount of money, and that's why psychology is used in marketing and campaigns. Kinda insane that propaganda originated during Nazi Germany but, I digress.

                Third party is good right up until it's time for you to pay being at fault, or some windscreen issue. Then, it's a money pit.

    • they use agencies to follow up or issue court orders/threaten legal action…

      OP doesnt have insurance so no one to fall back on to do this…
      she/he has to do it themselves …
      thats why C3PI is so important…

  • You're lucky that they left name and number.

  • Have you looked at your third party PDS?
    My third party has a $5000 coverage of your own car if not at fault and you have the other driver's details/other driver is uninsured (which at the moment you don't have proof that they were insured) Get your insurance to chase it up.

    Might get lucky.

    Wait, by not having insurance you actually don't have third party insurance at all.
    So maybe not

    • vic is ctp… so not sure why other states dont have it :(
      if you can afford to drive a car you need to afford insurance for liability…

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