Rideshare Driver without Insurance Hit Me - Next Steps?

La gups on 06/06/2022 - 12:31
Last edited 07/06/2022 - 11:40

EDIT 7/6/22: Thanks everyone for all your help and advice. I've lodged a claim with my insurer and they've confirmed there won't be any cost to me since I'm not at fault :)

Hey all

Just wanting some advice on this incident.

  1. I'm at the front of the queue in the left lane, waiting to go straight. The light is green however the traffic ahead is backed up, so I wait to avoid getting stuck in the intersection

  2. Rideshare driver's vehicle is stationary behind me, however the right lane going straight is empty so he attempts to swing into that lane and continue ahead

  3. There isn't enough room for him to complete this manoeuvre safely, so his LHS front bumper clips my RHS rear bumper

  4. He gets out to inspect and tells me it's minor, however I tell him that we'll both pull over so I can have a look properly

  5. Once we pull over I see that he has some passengers in his car and it's clear that driver is working for some rideshare company

  6. Upon inspection, damage is not major (no dents or cracks evident) however there are significant scratches and paint damage

  7. Rideshare driver immediately tells me that he's driving his friend's car and doesn't want to go through insurance, says that he's happy to work something out with cash

  8. This arrangement doesn't bother me as I'm just after fixing my car, so if there's no cost to me then I have no issues

  9. I take a photo of his license, get his phone number and rego and let him know that I'll get a quote for the job and get back to him

  10. After a few days of no response to me requesting him to send his email address so I can send him the quote, I try calling and he answers. I advise him that I need his email address to send the quote, he wants an indication of what the quote is and I advise the costs directly off the quote I've received.

  11. He then proceeds to tell me it's way too much, he can't afford it (he's okay to pay half the amount) and can recommend his own paint/panel guy who is cheaper. I tell him that I'm not comfortable going to any random repairer, and as I'm not at fault it isn't really upto him to choose my repairer

  12. He proceeds to get quite angry and argumentative over the phone, I let him know that I'm trying to help him out as he didn't want to go via insurance, but if needed we will explore that option. He gets upset and hangs up, and tells me to go through insurance.

Questions from me for next steps:

  1. I've since found out that the driver doesn't appear to have insurance at all, and now I'm in a situation where I don't know what to do

  2. My assumption would be that all rideshare drivers would need insurance to be operating correct?

  3. If I use my own excess and go through my insurance (which might be cheaper than getting the job done directly), does my premium increase even though I'm not at fault?

  4. Are there any other options for getting the driver to pay or be liable to this damage?

Seems a bit stupid that someone who's not insured could hit your car and basically not have any problems - especially if it was some more serious damage. Surely there's gotta be something in place for situations like this?

Thanks in advance

Automotive Car Insurance Insurance

Comments

    • Pelicannn on 06/06/2022 - 17:16
      +5

      OzBargain isn't a game of golf mate.. I swear you go out of your way to post comments that get the neg votes haha

      • rektrading on 06/06/2022 - 17:18
        -1

        What is the point of paying a premium if not to use it when one need it?

        • Pelicannn on 06/06/2022 - 17:22
          +3

          You're half right, but OP shouldn't have to pay excess, especially if they can identify the driver at fault.

          • rektrading on 06/06/2022 - 17:24
            +1

            @Pelicannn: It's not a big deal.

            OP will get the excess back when the insurer taps the other driver's wallet.

            • Pelicannn on 06/06/2022 - 17:57
              +2

              @rektrading: Ok, perhaps your initial explanation of that was poorly worded.

  • orangetrain on 06/06/2022 - 12:33
    +19

    Use your insurance

    • ESEMCE on 06/06/2022 - 14:01
      +3

      Yep, let them chase him up.

  • Daniel Plainview on 06/06/2022 - 12:36
    +18

    Removing the hassle from situations like this is one of the HIDDEN BENEFITS of having insurance - as they'll deal with the other party, not you.

    Keep it simple, allow your insurance company to sort out - rest assured they won't allow the other party to get away with anything and they deal with incidents like exactly this dozens of times every single day. :-)

  • Shadowsfury on 06/06/2022 - 12:39
    +4

    Use your insurance and get them to chase up the driver / car owner (which is now their problem not yours). You have the info you need to pass the buck i.e. their licence details

  • Hellfire on 06/06/2022 - 12:43
    +1

    My assumption would be that all rideshare drivers would need insurance to be operating correct?

    The vehicle probably has insurance but not in his name or the excess makes it not worth claiming.

    If I use my own excess and go through my insurance (which might be cheaper than getting the job done directly), does my premium increase even though I'm not at fault?

    It can but it shouldn't unless you've had multiple at fault claims or claims where they haven't been able to recover costs.

    Are there any other options for getting the driver to pay or be liable to this damage?

    Go to court.

    Seems a bit stupid that someone who's not insured could hit your car and basically not have any problems - especially if it was some more serious damage. Surely there's gotta be something in place for situations like this?

    Yes, it's called having your own insurance or taking them to court.

  • Gervais fanboy on 06/06/2022 - 12:43
    +5

    That driver is an idiot. 🤦🏻‍♂️
    He should have paid you out while he had the chance to.

    Report him to the police and Uber/CPV, they take these matters quite seriously. Even a public post on Uber’s FB/Twitter page would get’em to take retrospective actions against that driver and the actual account holder.
    And then he’ll come running to you, to get this matter resolved.

    Btw did you happen to get the details of any witnesses or the Uber riders that were in the car ?

    • a gups on 06/06/2022 - 13:59
      +1

      No details of any witnesses or the passengers unfortunately, but I do have the driver's details so hopefully that's enough for insurance to sort it out

      Annoyingly enough my dashcam was non-operative on the day, I had some battery issue and as luck would have it, that's the day I got hit. It wouldn't have recorded the actual incident anyway as I was hit from behind, but would've recorded the impact/shake and following conversations we had

  • Porker on 06/06/2022 - 12:49
    +1

    Transfer the issue to your insurance. You'll lose time etc dealing with quotes and getting anything from the other driver.

    If you're not at fault, then your current insurance contract will remain unchanged as the other driver will need to pay for repairs etc.

    Your worst case on handling it yourself is they agree to pay, you then get car repaired and pay, then other driver ghosts you. You wont be able to go to your insurance at that point.

  • Seraphin7 on 06/06/2022 - 13:02
    +2

    I've since found out that the driver doesn't appear to have insurance at all, and now I'm in a situation where I don't know what to do

    FMD. Do what you should have done from the start … provide all particulars to your insurance company and have them sort it out.

    Why on God's green Earth people expect anyone who is incapable of avoiding stationary objects while driving, who don't hold insurance, and who want everything "done for cash" to be anything other than royal douche bags is simply beyond me.

  • BewareOfThe Dog on 06/06/2022 - 13:09
    +1

    You've done all you can to help etc.

    Generally, unless you can provide Registration and Insurance in your name, Rideshare companies won't allow the driver to work for them (my car is a novated lease, so they won't touch me). Sounds like his insurance has lapsed, since he last provided details, or he is driving a friends car (like he said). Maybe they were friends/relatives he was taking somewhere?

    All in all its not worth the hassle dealing with yourself, and either forget about it (Is it worth not having your car for a day or 2) if its minor, or get your insurance company to take over.

    Also, this is why I have a dashcam. :)
    ++++++++++++++++++++++++++
    I hope all works out for you.

  • a gups on 06/06/2022 - 13:19
    +1

    Thanks all for your comments. I guess I was trying to help the guy out as it was a genuine accident (albeit one that shouldn't happen).

    So if I do chat to my insurance I would still need to pay excess right, or do my insurers essentially sort that out with the other driver? I have full comprehensive insurance, but again if the only way to solve this is to pay my excess then that basically means everyone who doesn't have insurance would never be liable/out of pocket for anything?

    • Gervais fanboy on 06/06/2022 - 13:30
      -6

      Yes, your premium will go up. 100%
      It’ll also affect the car insurance policies that you might take up over the next few years. Depending on your claim history, they’ll be charge you more.

      Also, I appreciate you trying to be kind to be your fellow man but just understand that if that person was to ever be involved in a more serious accident and not just a fender bender like in your case. He and his victims would be left helpless without any insurance payouts.
      Also, he’s clearly a bad driver and even worse, he’s got a cr@py attitude. I’d report him if I ever you but Upto you
      Best of luck

      • cashless on 06/06/2022 - 15:42

        You will pay the excess, but upon successful conclusion of the case, you will get it back, assuming you have no fault in the matter, which sounds correct.
        Your premiums could potentially go up, but it is not a foregone conclusion.
        Case in point, I made a claim against another driver, paid out excess, whish I later received back.
        My annual premiums only increased in line with inflation

    • apsilon on 06/06/2022 - 13:36
      +1

      Depends on your insurer. Mine if I ID the driver then I don't pay the excess. Others you pay regardless. Just one of the many reasons people should read the PDS of what they're buying.

      • JDMcarfan on 06/06/2022 - 13:51
        +1

        yep exactly.
        depends on insurer but if its not a budget spec one, and likely one of the legacy brands (NRMA etc) then providing the ID of the at-fault party (subject to them reviewing the situation and approving that its NAF) will remove you from having any excess due. I've even had 3rd party insurance when I was in uni (with NRMA) and I was able to give the ID of the at-fault party and details of the event and they still took care of everything on my behalf (albeit at a slower speed)

        Also to add on to this but the legacy brands typically ask if you've had an at-fault claim (whilst cheaper ones only ask about claims in general) and so with them you should be able to avoid an increase (premiums will move YoY so if last year's if different to this years then its due to external factors, e.g. accident rate in suburb/recent weather events)

        Source: me. have policies with budget direct (cheap station runabouts) and NRMA (main family car) in the household so speaking from personal experience.
        Whilst its something I wish I didn't need to advocate for, cheap insurers are cheap for a reason and the value offering they provide isn't worth it IMO when it comes to claim time (esp. if its your main / a >$20k car) where the time off the road going back and forth eats up any prior financial savings

        • a gups on 06/06/2022 - 13:56

          Thanks for the extra info. I'm with RACV and just checking in general, it appears that I won't have to pay an excess. However I'll give them a call tonight to confirm

          Thanks everyone for your help, appreciate it

          • njastar on 06/06/2022 - 14:52

            @a gups: Hey, this is a bit eerie but the exact same thing happened to me (except the driver has insurance).

            A woman clipped the back of my RHS bumper with her front LHS bumper. My back bumper was scratched up, and became unclipped (it's a Honda Civic with plastic bumpers). The woman said she would pay, but everyone in my life told me to just go through insurance, because of what has happened with you. People always say they'll pay but will try and weasel out of it later.

            I'm with RACV, I lodged the claim on the day, dropped my car off 3 days after, got a rental car, and will pick up my car in the next couple of days. Since their at fault I don't have to pay anything, no excess, or even for the rental car.

  • bazingaa on 06/06/2022 - 13:52
    +2

    Rideshare Driver without Insurance

    can they operate without an insurance ?

    • Gervais fanboy on 06/06/2022 - 13:54
      +4

      No they can’t

      This fella was most probably working via his mate/car owner’s account.

  • neo on 06/06/2022 - 14:10
    +6

    Go through insurance to teach them a lesson, otherwise they'll just do it again to another person.

  • MS Paint on 06/06/2022 - 17:02
    +1

    If you're with RACV you won't need to pay the excess upfront when you provide the other drivers ID.

  • 82norm on 07/06/2022 - 07:55

    The other drivers an idiot. It would have been cheaper for him to accept one of your quotes.

  • Euphemistic on 07/06/2022 - 08:00

    I someone hits me and isn’t insured/doesn’t want to claim I see no reason in giving them ONE chance to sort it out before I’d go straight to my insurance. It helps keep everyone’s premiums lower if you sort it out for cash but it’s nit worth the hassle if they start playing games.

    The second you get mucked around make a claim on your own insurance.

    • a gups on 07/06/2022 - 11:38

      Yeah I did try sort it out amicably first as he seemed quite happy to sort out via cash, but he obviously went back on his words and wasn't even willing to talk through some sort of solution

  • backpaqer on 07/06/2022 - 08:00
    +1

    This is the whole reason I get comprehensive insurance. You can never trust the other party to do the right thing. If they do, great, fantastic. When they don't….bikies!

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