Car Accident Insurance Claim Dispute

[Deactivated] on 27/05/2022 - 11:35
Last edited 27/05/2022 - 19:15 by 1 other user

Hi, just want to see if anyone has encountered something similar and have some advice.

In short, I was in a car accident - my car rear ended another one. No damage to my car but the other car has a few cracks in their bumper. I have photos. edit: I hit them only when the traffic light turned from red to green, moved forward a bit too quickly while waiting, which is why there was little damage.

After checking with my insurance twice, I told them to lodge a claim through their insurance to let our insurance companies settle the claim but they won’t and insist on doing it through mine, demanding a claim number from me.

I don’t even know their exact repair cost and I haven’t received a quote yet. When I politely asked them to deal with their insurance company and let them talk it out with mine, they threatened to go to their lawyer.

Had another call from their repairer a few days later, demanding a claim number on their behalf and saying car isn’t drivable ( untrue because I have photos and the other driver drove their car away from scene of accident). Again, no specific cost or quote provided to me. They only said it will be exceeding $5k and I better get a claim number. I have declined them again.

Note: the other driver confirmed to repairer they have insurance

Has anyone had a similar experience and what would you do in this situation?

Thanks in advance

Thanks all for the replies :) lodging a claim is the best option

Automotive Car Insurance Insurance

closed Comments

  • MS Paint on 27/05/2022 - 11:36
    +22

    You're at fault most likely. Why do you decline their request? Maybe they really don't have insurance.

    Go through your insurance. Pay the excess. Let the insurance company do the rest.

    Move on.

    • illogicalerror on 27/05/2022 - 11:39
      +3

      That's right. That's what insurance is for.

  • Quantumcat on 27/05/2022 - 11:37
    -7

    I would just ignore them. You have given them a route to get money if they want it.

    • brendanm on 27/05/2022 - 17:40
      +1

      Yes, damn them to hell for being in the way of OPs car.

  • Jason Genova on 27/05/2022 - 11:38
    -1

    theyre tryna screw you

  • GG57 on 27/05/2022 - 11:39
    +1

    Is there a reason you won't make a claim?
    Seems reasonable to me; the other party is in the right and if they submit a claim (even a no-fault claim) I understand it could affect their rating / premium.

    • Quantumcat on 27/05/2022 - 11:43

      That's what OP's insurance told them to tell the other person

    • [Deactivated] on 27/05/2022 - 11:44
      -1

      So I’m not the insurance holder; my parents are and they have the final say. In all past accidents, they told me it was always the case where the other insurance company contacted them about the repair costs, which is why I checked with my insurance twice …

      and the insurance company said I shouldn’t feel pressured to submit a claim and to wait for the other party to do it

      • MS Paint on 27/05/2022 - 11:48
        +4

        Fun fact.

        Parents are not always right.

        So I’m not the insurance holder

        So the excess is huge?

        • [Deactivated] on 27/05/2022 - 11:49

          That’s true I’m kind of stuck in the middle though and if my insurance is telling me to lodge a claim I would but they’re not

        • [Deactivated] on 27/05/2022 - 11:50

          $695 from what I know

          • MS Paint on 27/05/2022 - 11:51
            +1

            @[Deactivated]: Are you a nominated driver? Are you under 25? Have you had your licence less than 2 years? All of these can increase your excess.

            Have you read your parents PDS?

            • [Deactivated] on 27/05/2022 - 11:52

              @MS Paint: Not under 25 (just over) and I have held driver licence for number of years

              Not sure on other questions but parents/insurance saying not to lodge a claim

              • oscargamer on 27/05/2022 - 12:23
                +2

                @[Deactivated]: Of course they are.

                Both are likely to be out of pocket.

                Parents premium would likely increase.

                Insurer would have to pay for damages.

                Do you understand how insurers/insurance works?

                • [Deactivated] on 27/05/2022 - 14:32

                  @oscargamer: To clarify, I meant not lodge a claim “yet” I can’t do much since I am not the insurance policy holder which is why I’m looking for advice

              • GG57 on 27/05/2022 - 12:53

                @[Deactivated]: Your parents are not the at-fault driver.

                • [Deactivated] on 27/05/2022 - 14:33

                  @GG57: I know but they are the policy holders

                  • GG57 on 27/05/2022 - 14:42
                    +1

                    @[Deactivated]: As the at-fault driver, you need to take responsibility.

      • Drakesy on 27/05/2022 - 13:00
        +4

        You crashed into another car. Yes the damage was minor but it sounds like they want to go to town on you for it (would need photographic proof to prove how 'minor' it really is). On newer cars sensor can get damaged or knocked about which can easily cost a bit to fix.

        That car is now requesting a claim number (as the claim will lie with your insurance) which is a fair request. I'd request the quote in writing beforehand to see how ridiculous they're being, then request a secondary quote, unfortunately you're not exactly in a position to bargain though.

        You need to provide said claim number otherwise you could quite easily be up sh1t creek if they go down the legal option and you haven't taken your insurance company along for the ride.
        It's not dependent on weather or not the drive you crashed into follows it up with their insurance, they're permitted to go directly to your insurance else you'll need to fork out for the apparent "$5k in repairs" by which you'll either pay or lawyer up and then really get reamed.

        Your insurance will only be there if you call them in.
        IMHO it sounds like the OP is young and therefore the insurance excess would be >$1000

  • tsunamisurfer on 27/05/2022 - 11:45
    +5

    Whether the other party is claiming through their insurance or not, isn't the outcome same for the OP? That is he has to lodge a claim with his insurer and pay the excess (given he rear ended the other vehicle).

    • Euphemistic on 27/05/2022 - 12:28
      +1

      You dont have to lodge a claim, but if you don’t you pay for repairs out of pocket.

      • tsunamisurfer on 27/05/2022 - 12:44

        True but he has already said he is happy to go through his insurance

        • [Deactivated] on 27/05/2022 - 14:33

          That’s right; but I was recommended to not lodge a claim right now

          • Euphemistic on 27/05/2022 - 15:29

            @[Deactivated]: Then you need to pay cash to the other party for the amount of their quote - or expect their insurance company to chase YOU for the money if you muck them around.

            Going insurance now saves a lot of headaches for you.

  • lgacb08 on 27/05/2022 - 11:49
    +5

    they threatened to go to their lawyer.

    No they won't, sounds like that guy is too cheap to do that. He refused to claim because he's afraid his premium go up next time. You can play ball with him but probably best to be nice to talk with your insurer to pass it on them.

  • Ocker on 27/05/2022 - 11:59
    +6

    The accident was your fault and there is no obligation for them to proceed via their own insurers. For that matter you cannot even dictate where they get the car repaired (nor can your insurance company)
    Moreover, if they do make a claim on their own insurance, even thought they will have no excess, their policy renewal cost may increase.

    • chrisn26 on 27/05/2022 - 13:57
      +4

      There's a chance that cosmetic damage translates to a lot of internal damage. The over $5000 amount has me thinking the other driver only has 3rd party insurance (lots of insurance can allow you to claim $5000 uninsured driver).

      It sounds like OP needs to just claim their insurance instead of posting on OzB for validation.

      • Drakesy on 27/05/2022 - 15:24

        They're definitely Looking for confirmation bias and ignoring all the comments where they're going about it wrong.

  • JMosk on 27/05/2022 - 12:05
    +7

    You hit them and are at fault. You should lodge a claim.
    That's my understanding anyway

  • oscargamer on 27/05/2022 - 12:18
    +9

    You are at fault.

    You do not have to lodge a claim with your insurer.

    Request a detailed quote for the repairs (you have no option to demand a particular repairer or more than one quote).

    Once you receive the quote, you can choose whether to pay out of your own pocket or lodge a claim.

    Check the policy, but I think you are required to tell your insurer about the incident, regardless of whether you lodge a claim.

    • apple2016 on 27/05/2022 - 12:26

      Exactly this.
      Also once you receive the quote, you can validate the damage and dispute any work that might not be required. Also if you get a cheaper quote from a place you know, you can offer that.

      • oscargamer on 27/05/2022 - 12:29
        +4

        If you do eventually go through your insurer, which I suggest you do, get your car checked at the same time. Very possible there is damage somewhere, hidden, maybe to wiring or sensors.

        You only have to pay the one excess for the one event.

  • websterp on 27/05/2022 - 12:20
    +1

    It's pretty clear that you are at fault and if you also agree with this conclusion then give your insurer details to the other party and they can ring up and make the claim themselves. They can easily lodge the claim with their insurer and let the two insurance companies deal with it but I'd assume they aren't doing this to avoid their premiums from going up and also not have their no claim status affected as a result of making a claim even as the not-at-fault party.

    • Euphemistic on 27/05/2022 - 12:29
      +1

      The other party cannot instigate a claim on your insurance. You have to start that process but then you pass them the claim number and that’s the end of it for you.

      • websterp on 27/05/2022 - 12:40
        +1

        My bad and yes I believe this is the correct process. I was the not-at fault party in a similar accident and I used their claim number with their insurer as I didn't want the claim to be lodged with mine.

        Considering they have already come up with a repair estimate of 5k and claiming the car is not driveable and irrespective of this being legit or not I'd let the insurance handle this instead of disputing it or paying out of pocket as these things could get quite complicated and ugly. I once was the at fault party and the old mate was making all sorts of claims and even sent me a letter of demand for a hire car they used as insurance rejected it, I was told by my insurer to simply ignore it and if I was dealing with this personally I would not have wanted the additional stress and after all this is why pay insurance right?

  • Hellfire on 27/05/2022 - 12:38
    +1

    The short answer is that you aren't doing the wrong thing by not claiming now. If the costs are low or not much above your excess then you'll generally be better off not claiming.

    It does sound like the other party may be trying to be dodgy although costs can be significant even with minimal visible damage. Bumpers tend to pop back but you may have damaged the reversing camera, sensors, panels, tow bar, etc.

  • cille745 on 27/05/2022 - 12:44

    If you're under 25 driving on your parents insurance, it's highly likely that your excess will be around $2000-$2500, I'd be asking what the costs are out of pocket because from what you've said they'll likely be cheaper. This is the best option for everyone where no one's insurance premiums increase.

  • kiitos on 27/05/2022 - 12:47
    +1

    Agree that you need a detailed quote of repairs, and also would be good to know why the other car is seemingly not driveable now.

  • Seraphin7 on 27/05/2022 - 12:53
    +3

    The overall situation seems odd.

    You are not obliged to lodge a claim. That is 100% correct.

    The flip side to that is, the other party will have the ability to demand payment from you as the "at fault" driver. Whether or not they use a lawyer for this is largely irrelevant.

    Where the situation turns odd is that, if I've understood you correctly, you suspect the other party is "up to something". If they are, this is even more cause to get your insurance company involved.

    Let's say the damage bill comes in at $5k … but you reckon it should only be $1k … what are going to do about that?

    Take this situation in the alternative … your insurance company gets the bill for $5k and they determine if that is reasonable … either way, you pay your excess and get the other party off your back.

    Am I missing something here?

    • oscargamer on 27/05/2022 - 13:19
      +4

      Yep, you're missing the fact that the OP admits to causing damage but doesn't want to upset mummy or daddy (or their insurer) by claiming on the car insurance.

      • [Deactivated] on 27/05/2022 - 14:28

        It’s not doesn’t want to, I can’t - because I’m not the insurance policy holder… and both parents and insurer are against submitting the claim first, they want to wait for the other driver to initiate the claims process through the other insurer

        • Drakesy on 27/05/2022 - 15:26

          But what do you gain by waiting?

          The end result is the same either way.
          Well otherwise lawyers get involved and it gets messy.

          • [Deactivated] on 27/05/2022 - 16:50

            @Drakesy: I agree, wish I can submit the claim but I’m not the policy holder

            • Seraphin7 on 27/05/2022 - 16:58

              @[Deactivated]: So you need to inform the other party that you have not yet decided whether or not to pursue this through insurance.

              They will then issue you with a letter of demand for the cost of the repairs.

              You will then need to determine whether or not to settle (or fight) the matter privately, or submit a claim to your insurer.

  • bobbified on 27/05/2022 - 13:24
    +4

    The other party either:

    1. Submits a claim through their own insurer (and they will eventually contact you with a recovery amount) or
    2. Send you a letter of demand with an amount on it to settle their claim

    When you get the recovery amount from the insurer or the 'letter of demand', you can choose to either:

    1. Pay the amount out of your own pocket (without your insurer's involvement) to settle the matter or
    2. Lodge a claim with your insurer (and pay the excess) and let them sort it out. If you go down this path, send them pictures of the damage, notes and details of any witnesses.

    .

    • [Deactivated] on 27/05/2022 - 14:29

      Thanks this makes sense, I think the insurer wants me to wait for option 2 before lodging a claim

      • bobbified on 27/05/2022 - 14:30

        I think the insurer wants me to wait for option 2 before lodgings claim

        Yep, that's normal (unless you need to fix your car too - but in this case, it doesn't sound like you need any repairs).

      • MS Paint on 27/05/2022 - 15:28

        Thanks this makes sense

        The correct phrase is..

        That makes sense. Cheers.

    • wei13 on 27/05/2022 - 15:51

      This. This is correct advice and how insurance works.

  • thatonethere on 27/05/2022 - 13:43
    +1

    You have two choices - either involve your insurance or not.

    Insurance companies specialise in paying out as little as possible so just put the claim in with them (you can pass on your photos too). Then anytime you are contacted again, you can refer them to the insurance.

  • iamherenow on 27/05/2022 - 14:56
    +14

    As the person who caused the damage, stop mucking them around and put in a claim. People who don't claim are people who try to avoid their responsibility if possible. I'd be annoyed too if someone hit me and refused to put in a claim.

    • [Deactivated] on 27/05/2022 - 16:47

      I will try and persuade my parents, thank you

      • MS Paint on 27/05/2022 - 17:13
        +1

        It's time to adult

  • jackary on 27/05/2022 - 18:02
    +1

    OP it’s not really fair of you to delete your post after your question has been answered.

    • MS Paint on 27/05/2022 - 18:35

      That's why the revision button exists

      • jackary on 27/05/2022 - 20:47

        That makes sense. Cheers

  • Waltervp on 28/05/2022 - 08:47

    I would've expected them to go through their insurance company, but since they don't and you're at fault why not call the insurance company asap? Doesn't matter it's your parents. Deal with consequence of claiming or deal with the wrath of angry people. Easy choice. Call your insurance now.

  • iknowtj on 28/05/2022 - 09:16
    +1

    Clearly you and your parents are hoping to avoid paying excess by stalling them and hoping it goes away.

    Don't be a rubbish human and do the right thing.

    As for the value, my mate just got his car back aftrr being rear ended in a similar way. The sensors were near on 8k alone.

  • 82norm on 28/05/2022 - 09:55

    Take friggin responsibility mate, you caused the accident, you should be playing ball to get it sorted for the other party. It’s irrelevant what the cost will be , that’s why you have insurance. In terms of excess, then that’s you and your parents problem. Do the right thing ffs.

  • 82norm on 28/05/2022 - 10:03

    It’s simple, pay the excess and expect and increase in premium, or wait for the other parties insurance company come after you through the courts, letter of demand, Sheriff’s if you don’t comply…. And trust me it’ll cost you more than your crappy excess.

  • kerfuffle on 28/05/2022 - 10:09

    Of course OP disabled his account.

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