Hi Fellow bargainers,
Would like to know your opinions on the below situation.
I had a car accident and the other party is at fault. I do not have car insurance.
I was liaising with other party's (Nrma) car insurance. Initially the other party rejected that there even was an accident/collision. Then they said I am at fault to Nrma. After numerous phone calls, emails & proofs now the insurance company agrees that it's their customer's fault.
They have tried contacting them multiple times to get the excess, but they're not responding nor paying the excess which puts the claim in pending stage. They proposed me to pay the excess and then personally get it from their customer, which I rejected. Nrma said, if I proceed legally, they're not liable.
What are my options ?
Insurance Company Proceeding with Repair of My Vehicle !
Last edited 31/07/2023 - 20:13
Comments
Doesn't need it car is being repaired
Only if other party pays excess which they are declining to do.
They proposed me to pay the excess and then personally get it from their customer, which I rejected.
NRMA actually suggested that ???
Very odd indeed.
If anything it’s in NRMA’s best interest if no one pays excess (then they won’t have to pay for any repairs).
OP, be sure that you’re not getting scammed here.
I'm not surprised. I had to pay excess last accident to get my settlement because other driver who was also with NRMA disputed the fact that they were at fault. Excess was refunded after five months
Yes
If only you had some sort of protection in case your car was smashed… sort of like an insurance against things like this happening
paying the excess would still be cheaper than getting insurance for the year
Depending on what excess they selected when purchasing the insurance.
They could be refusing to claim as their excess exceeds the cost to repair the damage (OP's or their own, possibly both).
this would be an amazing product, i hope someone can bring this to market, i would be the first customer
You're lucky the other party isn't claiming your at fault. Without insurance that would be a nice little court case for ya.
What did I just read?
I thought OP was complaining that his car was getting repaired, now I'm not so sure…
is this standard behaviour for nrma?
Pay for the repairs yourself (or at least get quotes) and then take the person that hit you to claims court to receive a judgement in your favour. When the lawsuit hits their letterbox they might just decide to pay the excess and let their insurance handle it. The insurer has no obligation to take on the liability of their client if their client is not meeting the terms and conditions of their policy.
(and I know that represents 'big hassle', but I believe is the correct way for the matter to proceed)
Thanks. Looks a practical option
If the car is driveable (and roadworthy) send a letter of demand with a quote from a reputable source before paying for repairs
How much damage is there on their car? If there was anything significant, they'll need to get their car repaired anyway (in most cases through their own insurance company, so they'll probably end up paying the excess anyway)..
Other than that, without your own insurance, you'll have to personally sue the other party for damages. If they're smart, they'll then involve their insurance company (NRMA).
Normally the insurance holder pays the Excess but you do not have insurance so what Excess are you paying???
You are either paying upfront the cost of your repairs or you are submitting the quotes to NRMA and they will agree or disagree to pay for the repairs.
Its odd for NRMA to say they are not liable when the other party has lodged a claim, they have assessed the claim and deemed their own client the at fault party.
The only thing I can think of is either :
- The other party withdrew the claim - Wants OP to go to the hassle of chasing him.
- The other party was drink driving.
- The other party was not qualified to drive.
… so what Excess are you paying???
NRMA (insurer of the other party) wants OP to pay excess on behalf of their customer (the other party).
NRMA (insurer of the other party) wants OP to pay excess on behalf of their customer (the other party).
WTF.
I have been on both at fault and not at fault side and I have NEVER heard of such a thing.
Its odd for NRMA to say they are not liable when the other party has lodged a claim
NRMA said they are not liable if the OP wants to take legal action. Which is correct, NRMA hasn't done anything wrong here. NRMA can't force someone to lodge a claim or pay an excess.
The OP would need to take legal action against the other driver, not NRMA.
Generally in this case, you would engage your own full comp insurance and let the insurance companies fight it out etc.
Oddly enough, the OP would have to pay their excess to do this, in hope of getting it refunded down the line.
Normally the insurance holder pays the Excess but you do not have insurance so what Excess are you paying???
In the OP case, the insurance holder is refusing to pay the excess, but has lodged a claim. NRMA needs someone to pay the excess to start the repair. They don't care WHO pays it, as long as it is paid. So the OP does have the option to pay the excess themselves to start the repair.
I went though this when claiming on someone elses insurance for damage to my car, the claim was assessed etc and the claim sat waiting for them to pay the excess before it would move forward to the repair stage.
This sounds dodgy AF, like a scammer is aware you've had an accident by intercepting mail etc, and are pretending to be NRMA and asking you to pay the excess.
That’s karma for you buddy.
Get insurance.
What are my options ?
Buy your own full comp insurance to handle it, but that ship has sailed.
So as they said
They proposed me to pay the excess
You can do this.
or you can pay to fix your car yourself
or you can do nothing and drive it around damaged.
Insurance company proceeding with repair of my vehicle !
Looks like we have a winner for most leading title of the year!
That should definitely be an award category and yes, a strong contender. I almost feel like I'm having a mini stroke trying to figure out what OP was thinking.
Looks like we have a winner for most leading title of the year!
Don't you mean misleading?
That I do….. But too late to fix now!
I don't know why you're even talking to NRMA as you are not their customer. It makes no sense they would ask you to pay an excess for someone else's insurance.
Get a quote from a repairer of your choice then send it with a letter of demand (google what to say from an Australia legal source, eg. https://www.murphys-law.com.au/faq/how-to-letter-of-demand-c… or https://www.wonder.legal/au/modele/letter-claim-vehicle-insu… are 2 I found straight off) to the other driver.
It is their responsibility to make good the damage to your vehicle (ie. pay you the money or pay for the repairs), if they have insurance to cover that (which sounds like they do) then good luck to them, they can deal with their insurance to cover it.
If they refuse or don't respond then take it to the small claims court or equivalent in your state.If they refuse or don't respond then take it to the small claims court or equivalent in your state.
LOL let us all know how that turns out in 2-3 years time once its 'done'.
While your thought and process is correct, it isn't a straight forward as that, and there isn't a method in making the other driver pay either once the 'court' rules.
I don't know why you're even talking to NRMA as you are not their customer
It's very common to talk to the other parties insurance if you are making a claim on someone else's policies. I did this recently for some minor damage, as they said they would use their insurance to resolve it. Once you are listed as part of the claim, they'll happily talk to you.
After the "Insurance company proceeding with repair of my vehicle" you will be all set.
DASHCAM NOW DUDE
And insurance.
Insurance Ombudsman ?
on what grounds? Insurance company has done no wrong.
You'll be able to do a third party recovery against the at-fault driver.
You'll be seeking the costs directly from him - which may motivate him to pay excess.Are you absolutely certain you are not at fault? What happened in the accident?
I was stationary at an intersection and she hit from the rear
So how did NRMA say you were at fault then if that was the case? Were you told you were brake checking or reversed into their client?
Their client intially said that I am at fault. When I shared evidence (photos & the diagram) Nrma agreed.
Thats a pretty simple case then.
Any panel shop should provide 3rd party recovery.
I'm glad you are being dicked around. Serves you right for not having insurance
Go back in time and buy insurance.