At Fault Driver a Friend Driving Wife's Car

CAPTCHHHA on 22/03/2023 - 20:51
Last edited 23/03/2023 - 12:22 by 1 other user

I had a friend visiting me last year from overseas and he had an accident while driving wife's car.

After the accident he rang me up for help as he had no clue what was going on. I am generally a helpful person so I went and offered to give my insurance details to the other driver who was hit. I went on to claim it through my insurance provider as I had cover on other people driving my wife's car.

It was all fine until today when I had a lady come knock my door and handed me a notice where somehow I was made the defendant. The other party seem to be claiming for rental car for the duration their vehicle was being repaired. The notice says that -

" On or about xxxxx, a collision occurred between the Plaintiffs vehicle and a motor vehicle bearing registration number xxxx (hereinafter referred to as the Defendant's vehicle") driven by the Defendant on xxxx (hereinafter referred to as "the collision).The collision was caused by the negligence of the Defendant in the Defendant's dnving, management and control of the Defendant's vehicle."

I am not sure what should I do in this case. First of all it wasn't a car on my name and secondly I was at home devouring an ice cream when the accident happened and somehow I am being made the guilty driver. Should I contact the other party's lawyers and ask them to change the notice to the actual driver or just present this notice to my insurance provider for further processing? Or, should I just sue the other party's lawyer :)

Automotive

Comments

  • askbargain on 22/03/2023 - 20:53
    +2

    ms paint?

    • CAPTCHHHA on 22/03/2023 - 20:54

      well no.. My friend was clearly at fault

      • askbargain on 22/03/2023 - 20:55

        still your friend? haha

        • CAPTCHHHA on 22/03/2023 - 21:01

          yup still is. Not sure what happens if I send the notice to him. They are claiming around 16000 for hire car

          • djsweet on 22/03/2023 - 21:12
            +10

            @CAPTCHHHA: lol what did they hire, a Bentley?

            • askbargain on 22/03/2023 - 21:14

              @djsweet: 250 * 60 is about there so..

            • CAPTCHHHA on 22/03/2023 - 21:33
              +2

              @djsweet: Yea the car that was hit was an old toyota corolla hatchback. Maybe they did rent a bentley as a replacement

    • bdl on 22/03/2023 - 23:35

      No, Mrs' car needs a new paint job though :)

    • HeWhoKnows on 23/03/2023 - 09:39
      +2

      Given OP wasnt driving the car, its a wrongful claim.

      OP can either
      1. Ignore the claim since it doesnt apply to them (other party's error)
      2. write back to the other party saying that he wasnt driving the car and that the notice has been issued in error (dont supply any more details)
      3. call his insurance company and discuss

      BUT wait a minute…
      OP says…"First of all it wasn't a car on my name"
      Hence OP has no legal right to insure the car if its not in thier name!
      i.e. OP doesnt technically own the car

      Problems, Problems

    • Guybrush57 on 23/03/2023 - 11:12

      Mrs Paint

  • brendanm on 22/03/2023 - 21:01
    +11

    Send it to the insurance company.

    • CAPTCHHHA on 22/03/2023 - 21:02
      +1

      but the notice says it was me driving the car. I am not comfortable with that

      • brendanm on 22/03/2023 - 21:05
        +9

        What's that got to do with anything? It is the insurance companies job yo sort things like this, send it to them.

        • CAPTCHHHA on 22/03/2023 - 21:16
          +2

          Yup emailed it to them. Also trying to get in touch with them on phone. Thanks

      • jv on 22/03/2023 - 22:16
        +1

        but the notice says it was me driving the car.

        Go to court.

        Tell the judge you were not the driver.

        Case dismissed.

        • JIMB0 on 23/03/2023 - 08:26

          Hire a lawyer to represent, then claim costs.

      • AustriaBargain on 22/03/2023 - 22:33
        +16

        Don't speak to the "plaintiff's" lawyer or themselves and let them know you weren't driving if both your insurer's already know you weren't. Never correct an enemy when he is making a mistake. And never give them any information at all, your insurer does this for a living so leave it to them always.

        • tsunamisurfer on 22/03/2023 - 22:51

          Exactly.

          Show up.

          Tell them you were not the driver with proof. walk out.

          • CAPTCHHHA on 22/03/2023 - 23:29

            @tsunamisurfer: yup . Thanks everyone for your valuable comments. I couldnt get in touch my insurance provider today on phone but have sent the docco on email. Hopefully they can sort it out

          • Kiro on 23/03/2023 - 10:14
            +1

            @tsunamisurfer: selfie smashing an icecream

  • cheapjunkie on 22/03/2023 - 21:01
    +8

    This is most likely a private rental company that generally rents to people who have been in a not at fault accident. They generally go after the insurance of the at fault driver to cover the costs. In this case, the other party provided your details instead of the insurance company details as they do not have a claim number. So you should just provide this to your insurer and inform the company on the letter of your claim details. I presume you have comprehensive insurance?

    • CAPTCHHHA on 22/03/2023 - 21:02

      Yes I do have comprehensive insurance

      • cheapjunkie on 22/03/2023 - 21:03
        +1

        Then all good, just provide it to your insurer and let the company on the letter know your claim details for this incident for them to follow up directly with your insurer.

        • CAPTCHHHA on 22/03/2023 - 21:08
          +1

          Yup sounds good. I will also mention that I wasnt driving the car and they are barking up the wrong tree

          • CAPTCHHHA on 22/03/2023 - 21:08

            @CAPTCHHHA: And thanks a lot for your help on this

            • cheapjunkie on 22/03/2023 - 21:22
              +3

              @CAPTCHHHA: Haha I presume you meant to thank me and not yourself but all good mate!

          • Boioioioi on 23/03/2023 - 11:47

            @CAPTCHHHA: Yep, you'll be fine mate. This is half of what you pay for insurance for. An army of lawyers to save your butt. Let them handle it

            Lot of these accident rental companies and compensation companies try scare people and scrape every dollar they can.

      • xdigger on 23/03/2023 - 00:10

        But you will pay higher premiums on your comp insurance next renewal onwards.

        • CAPTCHHHA on 23/03/2023 - 00:29
          +1

          Yea I am prepared for that. Just worried they might just say they wont provide an insurance at all come renewal time. Had another claim on my car but I wasnt at fault

    • HeWhoKnows on 23/03/2023 - 09:42
      -1

      BUT wait a minute…
      OP says…"First of all it wasn't a car on my name"
      Hence OP has no legal right to insure the car if its not in thier name!
      i.e. OP doesnt technically own the car

      Problems, Problems

  • JimmyF on 22/03/2023 - 21:02
    +2

    I am not sure what should I do in this case.

    Call your insurance company and pass the notice on to them. They'll deal with it.

    Or let them take you to court and when they say you had been driving and hit the other car etc, you can say nope that wasn't me driving my wifes car and watch the case by dismissed.

    • CAPTCHHHA on 22/03/2023 - 21:04
      +1

      Yea I have passed on a soft copy of notice to the insurance company on email. On hold for the last 1 hour on phone to talk to them

  • Bafranz on 22/03/2023 - 21:16

    They should have taken up the rental associated with your insurance instead of them just choosing their own

    • CAPTCHHHA on 22/03/2023 - 21:32

      Yea no idea what happened between my insurance provider and the unlucky person that was involved in the accident. I do remember though that they didnt have any insurance

      • Bafranz on 22/03/2023 - 21:33

        Yup, similar situation but reversed.. i called up the at fault drivers insurance with the claim number and they organised a hire car for us (like the unlucky person involved should have)

        • CAPTCHHHA on 22/03/2023 - 21:36

          I exchanged texts with them and sent the claim number too

          • Bafranz on 22/03/2023 - 21:39

            @CAPTCHHHA: Lol well done, keep those.. you might need them unfortunately. You did what you were supposed to do, good luck

  • Bargainitis on 22/03/2023 - 21:54
    +1

    agree with others to just provide your insurer details to them.

    What is likely to happen is your insurance company will dispute reasonable costs of a hire car, etc. They will likely settle soemwhere inbetween. Nothing to do with you.

    My only incremental thought would be to make sure your insurance company doesn't try to make you pay an additional excess as part of this follow up claim. I'm assuming you already paid your excess at the time of the accident.

    • CAPTCHHHA on 22/03/2023 - 22:03

      Yes I did pay the access on this claim

      • jv on 22/03/2023 - 22:17
        -2

        I did pay the access

        You also need to pay the excess.

        • CAPTCHHHA on 22/03/2023 - 22:27
          +2

          yea was multitasking. Paid the excess too.

  • srhardy on 23/03/2023 - 08:21
    +1

    Ambit claim for 16k - that must be a Lamborghini and fuel for an around Australia road trip of a lifetime! And not a Toyota for 6 weeks

    • CAPTCHHHA on 23/03/2023 - 09:29

      The notice says that invoices etc are attached and I see none in the notice

  • JIMB0 on 23/03/2023 - 08:33
    +4

    First off if anyone ever rings/approaches you and asks if you're you, always ask why and who they are. They have to identify you and serve the notice in person. Don't make it easy for them.

    I'd say they've already tried it on with the insurance company and got knocked back for the full amount as being unreasonable. Instead of settling for what was reasonable they are now trying it on with you.

    • CAPTCHHHA on 23/03/2023 - 09:28

      Yes I would assume so. Trying to get in touch with my insurance provider again today to see whats going on.

  • djkelly69 on 23/03/2023 - 09:26
    +1

    If you (personally) are named in this document as both the owner and driver of the vehicle and are in reality neither of those things, I would just ignore it completely. Sounds like one of those car rental cost recovery firms/scams just trying it on by assuming things.

    • CAPTCHHHA on 23/03/2023 - 09:27

      exactly I am neither the owner nor the at fault driver !

  • Kiro on 23/03/2023 - 10:17

    by the sounds of it their insurance didnt cover them for a rental and as such are going through small claims or the likes.

    maybe contact your insurance company and or legal aid to get an idea on where you stand in relation to this.

    maybe and just maybe, if their insurance company didnt support the claim for a rental it could be on them to cover their own costs.

    • CAPTCHHHA on 23/03/2023 - 11:24

      I dont think they had insurance

    • Jono05 on 23/03/2023 - 23:21

      You do realise the cost of a rental is on the at fault driver? Doesn’t matter if you have rental cover or not or even no insurance, as in this case, the at fault driver foots the bill. Also, I believe the rental needs to be a like for like. Can’t hire a merc if you’re driving an old corolla and expect to get full reimbursement.

      • Kiro on 24/03/2023 - 07:03

        not really the case. if your insurance company has the option and you tick it they will give you a rental which is covered by insurance, this case looks like they didnt have that type of cover AND as such are going through small claims or the likes.

        i have been in a bingle before and no option of rental car was given and was on me to get one….. i ended up buying a bomb and driving for a while than selling it for what i paid plus a full tank and broke even.

        • Jono05 on 24/03/2023 - 09:25

          If you’re at fault, yes you pay for your own car rental if you haven’t taken the option but if you’re not at fault why should you pay?

          • Kiro on 24/03/2023 - 11:07

            @Jono05:

            If you’re at fault, yes you pay for your own car rental if you haven’t taken the option but if you’re not at fault why should you pay?

            the red flag for me is WHY didnt the not at fault driver claim it through his insurance? if there was an option for rental assistance then why wasnt it taken?
            these 2 questions would be argued in court by the at fault driver and could be a bad news for a the not at fault driver as they went and got a rental and, hypothetically speaking, their insurance didnt cover car rental which is why the at fault driver was summoned to court. now even though the owner of the car was summoned but if they can prove that they were not hte driver (smashing an ice cream) than this could fall apart in court.

            i understand that logically people think, well if your at fault you should pay but in this case i can side with the not at fault driver by claiming that they werent the driver and they needed a car for personnal reasons that their insurance didnt seem fit to process and cover.

  • WT on 23/03/2023 - 10:18
    +2

    there is an entire industry just for hire cars for panel work/insurance

    They dont even advertise, they hire the cars to the insurance companies, usually corollas or other cheap/reliable hatch backs

    they have lawyers they work with who prob sent someone to deliver this notice, they work with panel shops and of course insurance, prices are wholesale/longer term hires for the duration of the repair but occasionally they hit jack pot and someone pays retail

    My friend managed a panel shop and explained how it works, some guys do it with only a few cars

    • CAPTCHHHA on 23/03/2023 - 11:27

      interesting stuff

  • srhardy on 23/03/2023 - 10:57
    +1

    I’d like to know the numbers on the invoice and how they got to 16k then. Out of interest

    • CAPTCHHHA on 23/03/2023 - 11:25

      yea the invoice wasnt a part of the notice although it said its attached

    • Bargainitis on 23/03/2023 - 11:22

      you need to re-read OP's post.

      Insurance policy covers any driver of the vehicle so OP didn't lie.

      Now APOLOGISE! :)

      • CAPTCHHHA on 23/03/2023 - 11:26

        yup . no shady activities here. I had to pay extra excess as it wasnt a driver who was named on the policy

        • EightImmortals on 23/03/2023 - 12:31

          Cheers, thanks for the clarification. :)

        • Jono05 on 23/03/2023 - 23:24
          +1

          Hope your mate reimbursed you the excess you had to pay.

      • EightImmortals on 23/03/2023 - 12:31
        -1

        "I went on to claim it through my insurance provider as I had cover on other people driving my wife's car."

        OP was ambiguous on that point but has clarified below.
        Take your ridiculous outrage somewhere else.

        • Bargainitis on 23/03/2023 - 12:34

          lol…how was that sentence ambigious mate?

          i'm fuming!

  • burningrage on 23/03/2023 - 12:13

    What a scammy act! They got the wrong driver anyway so legal notice is invalid. But you did the right thing by passing it to your insurer.

    • Jono05 on 23/03/2023 - 23:29

      Why is it scammy? Apart from getting the driver bit wrong and maybe an over inflated hire car cost. Shouldn’t they be entitled to a hire car after all they didn’t cause the accident. I’m in no way saying that OP should pay the bill.

      • burningrage on 24/03/2023 - 15:28
        +1

        Scammy because the "defendant" is trying to make OP liable over something he did not do (He wasn't the driver).

        Would you like to be served a legal notice over something you didn't do?

        As for entitlement to a hire car, when it happened to me more than 20 years (I got hit bad in Warrnambool so no fault), I ended up hitchhiking with my colleagues for 2 weeks before the insurance gave me $$$ and I got another car. Never for once I felt entitled to a hire car otherwise I would have hired a bentley/mercs/porsches and drove me mates around Victoria on someone else's bill.

        Or maybe it's a generation thing? lol

        • Jono05 on 26/03/2023 - 12:08

          You do realise that you pay for petrol, so driving your mates around Victoria would be at your cost. Now if you hire a car that is not similar to yours, that is scammy. Also I did mention that the wrong driver was being chased for payment.

  • Loopholio on 23/03/2023 - 12:27
    +1

    @CAPTCHHHA Do let us know the outcome when this is over.

  • Cluster on 23/03/2023 - 13:11

    Hand all documents over to the insurance company and let them deal with it. Of course if you have a court summons then don't ignore it.

  • Ori0n on 24/03/2023 - 01:30

    How long ago was the accident? They are probably claiming a hire car for the entire period since the accident (if their vehicle was not roadworthy as a result of the accident).

    As others have said, there are various companies that specialise in hiring cars to not-at-fault parties in accidents. e.g. https://www.notmyfault.com.au/ https://tpclaims.com.au/ https://imintheright.com.au/ They deal with the at-fault parties' insurance companies directly so yeah, it shouldn't have come to you. You've done the right thing, let the insurance company sort it out - its what you pay them for.

    • madreece on 24/03/2023 - 01:41
      +5

      And shit companies like this are part of the reason car insurance rates are through the roof.

      • askbargain on 24/03/2023 - 09:22

        if you're at fault, doesn't the other person have the right to still drive a car?

        • eciuj on 24/03/2023 - 13:17

          yes, but claim it through the at fault parties insurer. These right to drive places usually have exorbitant rates.

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