Customer Had Car Accident and Sent Letter of Demand. At Fault Party Won't Take Receipt

pegaxs on 29/09/2023 - 17:52

Got a beauty for the OzBargain brains trust…

Set the scene: Customer bought their car in with some minor damage from a car park altercation. Customer is 100% good, other party is without a doubt at fault (Personally saw their dash cam footage and no I cant "get you a copy").

The quote we did for them is about $1,500. My customer doesn't want to go through their insurance (even though they are not at fault, they are worried it will increase their premiums anyway) so I helped them write a letter of demand…

Fast forward to today, they got in touch with me to ask how they can force the other party to accept the letter of demand. They have sent it out several times over the last few weeks and no dice. What they have tried is;

Regular mail (At fault said they never received it)
Registered mail (Received, but claiming flat mate singed for it who no longer lives there.)
Registered "Person to Person" that requires ID and ONLY the person named can receive it x 2 (At fault refused to sign for it both times this was attempted.)
Hand delivered in person x 2 (At fault refused to answer door/Claim of not being home)

So, they asked me for some creative ideas on how to get the letter there and signed for without them suspecting it is a letter of demand.He would like to try and settle this before he needs to contact a lawyer and have them served/taken to court. I said, I have just the guys to ask… :D

My two ideas were, send it in an Amazon box or some other online shopping box (Buy a roll of eBay tape to seal the box?)
or
"Bikies" (My customer is quite old and doesn't know a lot of bikies, apparently… I mean, who doesn't know a bikie or two??)

So, let me know your ideas. Let's gets this slipped through to the keeper. How would you go about getting a letter of demand proof of receipt signed for?

Poll Options

  • 20
    Amazon/eBay/Online shopping box
  • 22
    Bikies
  • 7
    Oh, read mine in comments, it's funny AF
  • 191
    Just lawyer up already
  • 14
    Just eat the loss and move on
Automotive

Comments

  • solidussnake on 29/09/2023 - 17:55
    +220

    Omg just use insurance that's what it's for, how much is this worth their time šŸ¤¦

    Please add just use insurance as an option

    • pegaxs on 29/09/2023 - 19:01
      +32

      Oh, yeah, I should have. Totally forgot that option.

      Thatā€™s what I said to him. ā€œDude, this is literally why you pay for insurance. You are not at fault, you wonā€™t have to pay excessā€.

      • SillySorjai on 30/09/2023 - 21:48
        +17

        "… You won't have to pay excess…"

        While this may be true, it is becoming standard practice of insurance companies to increase renewal premiums for not at fault claims now

        As unfair as this may be, it is difficult to argue against

        • DangerNoodle on 30/09/2023 - 22:08
          +4

          It's more likely your premiums will go up if you switch insurer as most will ask you if you've had a claim irregardless of fault.

          But I haven't had my premiums go up when I've stuck with the same insurer after an accident although YMMV. Although usually this will only be if you can provide the full name, address and contact details to your insurer.

          I got T boned off my motorbike a couple years back and I went through my insurer (SGIC/NRMA) since my policy covers all the gear I was wearing at the time. SGIC/NRMA didn't raise my premiums since I provided them with all the details and got a copy of the police report detailing that the other party was issued a fine and 3 demerit points for failing to give way, which avoided any arguments of fault .

          • Harold Halfprice on 01/10/2023 - 12:35
            +3

            @DangerNoodle:

            But I haven't had my premiums go up when I've stuck with the same insurer after an accident although

            I have. I had a not-at-fault claim for a minor parking lot incident, with ING. Insurance was due for renewal around the same time, and was explicitly told by my insurer that I'll need to be sent a new renewal notice because my premium will increase due to the claim. I argued against the increase, but got nowhere.

            My no claim rating didn't change, it wasn't considered at fault, the other party accepted liability and I paid no excess. Yet premiums went up.

            • DangerNoodle on 01/10/2023 - 13:20

              @Harold Halfprice: Hence why I said YMMV - your mileage may vary.

              From looking back at my SGIC emails, my premiums went down the following year. It was 52.90 per month for the first year, accident happened a week after I got the bike and insurance policy. It went down to 52.66 per month when it came time to renew.

          • Tleyx on 02/10/2023 - 22:17
            -1

            @DangerNoodle: Just because it didnt happen to you doesnt mean it wont happrn to the op

            • DangerNoodle on 03/10/2023 - 00:12

              @Tleyx: I already acknowledged that in my original post. If you re read my original post I wrote YMMV, which means 'your mileage may vary', which in this context means it didn't happen to me but it could still happen to others. If you were reading from Harold's post they omitted the 'YMMV' when they quoted my post.

        • smurftastic on 12/10/2023 - 10:09

          A bit late but will add my experience.
          Wife was in an accident where the other driver was clearly at fault and took off without stopping. I have clear dash cam footage that proves this to the point that the police have charged the other driver with a couple of offences and the preliminary court date has been set.
          Insurance have the footage and have identified the driver, but got me to pay the excess while they chase up payment from the other driver. I was advised they will refund me IF they can get the payment out of the other driver.
          Six months after the incident insurance have just sent a letter of demand to other driver and still no resolution.

  • askbargain on 29/09/2023 - 17:56
    +14

    My customer doesn't want to go through their insurance (even though they are not at fault, they are worried it will increase their premiums anyway)

    :/

    • Kramo on 29/09/2023 - 20:55
      +19

      Considering signing up for insurance always asks "have you made any claims in the last X years for any reason (including not at fault)", seems pretty reasonable to me.

      • Sleeqb7 on 30/09/2023 - 10:42
        +1

        Yep.

        I had some prick break into my car, smashed a window and damaged a couple other in failed attempts, not only am I down a $600 insurance excess but they kindly informed me "This will reset your no claims period…"
        Gee, thanks.

      • photonbuddy on 30/09/2023 - 13:33
        +5

        "have you made any claims in the last X years for any reason (including not at fault)"

        Usually it's the cheap end of town that do this.

        • mvinaus on 30/09/2023 - 17:02
          +3

          every insurance quote asks for this. The customer in this case is perfectly reasonable to not involve their insurance company.

          • meong on 30/09/2023 - 17:59
            +1

            @mvinaus: RACV and Suncorp never asked me this.

          • smartazz104 on 30/09/2023 - 20:04
            +1

            @mvinaus: So people would never use their insurance thenā€¦

          • photonbuddy on 30/09/2023 - 20:14
            +2

            @mvinaus:

            every insurance quote asks for this

            Bollocks!

          • Kegsta on 01/10/2023 - 11:10

            @mvinaus: Where I used to work we had that question for home insurance.

            But for cars it was have you had any at fault incidents or accidents in the last 5 years and have you had any claims refused.

      • SJDR on 03/10/2023 - 09:52
        +1

        Some insurers ask for 'At fault claims', others ask for all claims (including not at fault)

        As I previously had 2 not at fault accidents in a 12 month period I was better off going with an insurer that only wanted to know about at fault claims.

        It is definitely reasonable to try and avoid the claim if possible.

  • theHMASfriendship on 29/09/2023 - 17:57

    If in NSW - https://www.ncat.nsw.gov.au/ or small claims

    • furyou on 30/09/2023 - 22:42
      +2

      ncat is unenforcible toothless tiger.
      After a ruling, you still need to hire someone to collect/serve etc.

  • Loot N Plunder on 29/09/2023 - 17:57
    +13

    My customer doesn't want to go through their insurance

    Then whats the point of even having it if you don't intend on using it?
    That's what is for isn't it?

    • askbargain on 29/09/2023 - 17:59
      +8

      They only want to use it for bigger claims obviously!

      • pegaxs on 29/09/2023 - 19:03
        +1

        Basically, yea. They are worried that next year their premium will go up because they will have to say they have made a claim, at fault or not.

        I even said that I would cover any difference in his insurance next year that was over and above regular inflation.

        • dtc on 29/09/2023 - 22:08
          +11

          Tell them to do some dummy insurance quotes, some without claims and some with claims. See how much their premium changes (itā€™s probably hardly anything). Then ask them if their time is worth that much.

  • askbargain on 29/09/2023 - 17:59
    +5

    You do body repair and you want your customer not go through insurance? lol

    • solidussnake on 29/09/2023 - 18:01

      Probably can get away making more profit

      • greatlamp on 30/09/2023 - 20:01
        +1

        I had to organise a repair through insurance recently, apparently some insurers will only pay $55/hr labour for panel work. However if the customer is not at fault they will pay whatever the shop wants since they will be passing those fees to the at fault party

    • Jimothy Wongingtons on 29/09/2023 - 18:11
      +4

      customer is quite old

      Probably trying to look after the old customer

      • pegaxs on 29/09/2023 - 19:07
        +33

        Yeah, he is a great old guy. Down to earth simple farmer type. The type that always sees himself as a bother to everybody, including corporations.

        I even toyed with just doing the work off the books myself and just telling him the other guy paid so he wouldnā€™t stress about it any more than he has.

        Same old bloke from my last post that where he waved a car out of a parking space that ended up back into another car thst was reversing and they wanted to claim from him because he was directing trafficā€¦ :/

  • brendanm on 29/09/2023 - 18:09
    +3

    Just use insurance.

  • AustriaBargain on 29/09/2023 - 18:14
    +5

    Get one of those "you've been served" people from the movies who trick them into holding the letter, and presumably will act as a witness in court that they served the letter.

    • AFOS on 29/09/2023 - 22:18
      +3

      This. Google "process server" in your city.

      • Kingdove on 01/10/2023 - 10:58
        +1

        I did! And I'm fascinated

  • mskeggs on 29/09/2023 - 18:29
    +18

    I don't understand the registered letter option.
    If they sent it registered and it was signed for, the court will accept the plaintiff did all they needed to serve the demand. It will be up to the defendant to make a case they never received it.

    Now they just need to enforce it - go to NCAT or the local equivalent.

    This isn't Trump versus Murdoch or something. NCAT will say they have acted reasonably.

    • pegaxs on 29/09/2023 - 19:11
      +4

      They are claiming that because he didnā€™t sign for it, they donā€™t know where it is or what was in it and therefore didnā€™t receive it. (We all know that is bullshit. He lives with his wife and kids, not a ā€œflat mateā€)

      And yeah, Iā€™ve started looking up NCAT for him and may end up having to go with him because he isnā€™t the sharpest knife in the draw.

      • Hardlyworkin on 30/09/2023 - 04:55
        +6

        With the scattergun approach, it should show all reasonable steps have been taken. Could also send a pic of it via text. Don't worry if it's not by the usual serving process. Based on the above it has been received at the correct address and other efforts made. Based on my experience in serving people for federal court, the judge will consider this enough. They can't use the excuse they had no idea.

      • derrida derider on 02/10/2023 - 14:51
        +2

        "We all know that is bullshit" - yes, and so will NCAT. Time for your customer to ignore the bullshit and treat it as served, because any court will.
        Though again, it would obviously have been far cheaper in the end, not to mention far less stress, to just do it through insurance, even if his premiums did go up a little for a year or two.

  • MS Paint on 29/09/2023 - 18:36
    +6

    Just eat the loss and move on

    Just use your insurance and move on

    FTFY

    • pegaxs on 29/09/2023 - 19:15
      +3

      That was my first suggestion and still the one I am pushingā€¦ problem is, he still thinks itā€™s going to hurt his insurance, and second, we wonā€™t get the job and it will be farmed out to his insurers ā€œrecommended repairerā€.

      But yeah, Iā€™m with youā€¦ just use the (fropanity) insurance. That is absolutely why you pay.

  • MrThing on 29/09/2023 - 19:02
    +4

    Just use insurance………….smh

    not at fault aint gunna do swat to your insurance. old mate at fault is going to wear the hit to his bills

    • pongie on 30/09/2023 - 18:29
      -2

      Might not affect his premiums directly, but the insurerā€™s bottom line will increase and eventually factored into every customer yearly premium price hikes.

      • MrThing on 01/10/2023 - 17:50

        yes is true, but im sure everyone else in australia is not thinking out for OP like OP is thinking out for them

  • cookie2 on 29/09/2023 - 19:02
    +4

    Anyone else thinking of Ron Swanson being served papers at work by a dude pretending he'd won a voucher for some meat haven restaurant?

    • pegaxs on 29/09/2023 - 19:13
      +1

      OMG, yes! Send the letter as a local (fake) business saying that they won a random meat tray for visiting on a certain dayā€¦ drop the letter of demand in thereā€¦ nice, I like it!

  • thesilverstarman on 29/09/2023 - 19:17
    +4

    Package it up in a box. Print up a label saying Carlton Brewery or some other alcoholic drink brand. If you can get a sticker with the brand on, just stick one on the box. Then send it with a courier, or Aus Post, and mark that it has to be signed for by someone over 18. You will be able to track it, and will have proof of delivery. You only need proof of delivery and that can be from any person over 18 living in the same house to be legal. I have done this before.

    • pegaxs on 29/09/2023 - 22:39

      Oh, good one. I like this. His kids are all young kids and none of the, would be over 18, so either him or his wife would have to sign for itā€¦

  • thesilverstarman on 29/09/2023 - 19:18
    +3

    Or, tell him to go through a lawyer like EC Legal. They will organise everything and charge your client nothing.

  • spackbace on 29/09/2023 - 19:33
    +7

    Hire a Dominos outfit, knock on his door on a friday/saturday night

  • JimmyF on 29/09/2023 - 19:59
    +9

    So, they asked me for some creative ideas on how to get the letter there and signed for without them suspecting it is a letter of demand

    Who cares how you get it there, they are clearly not going to pay even if they get the letter.

    Them 'accepting and signing' doesn't mean they will be paying or even accepting fault.

    I could send anyone a letter of demand, doesn't mean they'll pay.

    • pegaxs on 29/09/2023 - 22:41
      +7

      Thatā€™s what I said to the old timerā€¦ ā€œdude, you could get confirmation of deliver and it still means nothing. It just means that he got itā€¦ not that he is going to action it.ā€

      I just have a feeling, being the type of bloke he is, heā€™ll just eat it as a loss and move on. Problem is, Iā€™m petty AF and Iā€™ll take it to NCAT on his behalf.

  • kiriakoz on 29/09/2023 - 20:15
    +6

    Visit their house and deliver them a golden shower. What kind of a post is this?

    • Daabido on 30/09/2023 - 00:06
      +4

      Old guy would be flat out with a golden shower. More like a continuous trickle. Could be just as, if not more, annoying.

      • WhyAmICommenting on 01/10/2023 - 15:11

        Probably more Austin Powers fountain machine-gun streamā€¦

  • Euphemistic on 29/09/2023 - 20:24
    +7

    Going outside insurance is a one chance deal. If the letter hasnā€™t worked thus far, itā€™s time for insurance.

    I went through this earlier this year. Agreed with the at fault driver to consider going outside insurance for his benefit and TBH could have worked in my favour. But things went sideways and within a day I started a claim. End result, sorted to my satisfaction with the exception that Iā€™ve made a not at fault claim on my insurance.

  • dtc on 29/09/2023 - 22:12
    +1

    Is there a reason why you must ā€˜serveā€™ a letter of demand? It will likely be ignored anyway. If you need to serve it before commencing court proceedings then the court will accept reasonable efforts; but he goes to his insurance company before then anyway so itā€™s all irrelevant

    In short - donā€™t know what you expect to get from spending all this time.

    • pegaxs on 29/09/2023 - 22:47
      +5

      I think itā€™s more about providing a paper trail and that he has at least tried to do the right thing. The guy admitted fault, said he would pay and just get him a reasonable quote and send him the invoice. He has since basically ghosted.

      I know the at fault guy as well, because he works for another company that we supply parts to. He is a bit of a cock to say the least. I donā€™t know him personally, but I have had him come into work to do pick ups. He is absolutely the type of arsehole that would (fropanity) over an old good natured farmer type, so thatā€™s why Iā€™m now pissed about it.

      • plmko on 30/09/2023 - 00:08
        +2

        So then why don't you charge a fee and then serve him on a pick up run. Win win.

      • Love a bargain on 30/09/2023 - 13:08
        +2

        Any chance you can get a colleague of his to deliver three letter to him at work? Harder for him to claim he's not there or didn't receive it, & you've a independent 3rd party witness.

  • outlander on 29/09/2023 - 22:28

    So the other party is uninsured?

    • pegaxs on 29/09/2023 - 22:50

      Other party is insured, refuses to claim on their insurance. We canā€™t make him.

      I am hoping that the threat of lawyer fees, postage and correspondence costs, and any other costs I can scare him with may just get him to pay the bill so we can all move forward.

      If he doesnā€™t give a toss about our letter of demand, I suspect he would treat a letter from a lawyer in the same fashion. What I think he needs is a court notice, but going to court could take months/years to get a resolution, all over $1,500ish

      • plmko on 30/09/2023 - 00:10
        +1

        It's not just $1500 it will be the legal costs + loss of income for attending court. Can easily turn $1500 into $5k.

      • morse on 30/09/2023 - 03:32

        Can you directly contact the at fault parties insurance? Presuming you know which one it is

        • Euphemistic on 30/09/2023 - 05:21
          +2

          You can, but they wonā€™t do anything without approval from the at fault person.

      • EspressoDan on 30/09/2023 - 15:18
        +2

        ??

        You don't need to make the other party claim. Your customer just claims with their insurer, who will then deal with the at fault parties insurer.

        The at fault party refusing to claim on their insurance is irrelevant to your customer. I fact, it makes a successful claim more likely as the other part is essentially attempting to hide the incident from their insurer.

      • outlander on 30/09/2023 - 21:12
        +1

        Oh. In that case it's not going to matter. Insurance companies share details, so your friends insurance premium will rise regardless

      • Wilson Wallace on 02/10/2023 - 12:42

        do you know who they are insured with?

  • blitz on 29/09/2023 - 23:03
    +14

    A friend was in a similar situation once, and here's what you have to do. Use insurance.

  • jv on 30/09/2023 - 00:46
    -1

    Customer bought their car in with some minor damage

    Why did they buy it if it was their car?

    It doesn't make any sense…

    • pegaxs on 30/09/2023 - 08:38
      +8

      Oh, sorry, I meant ā€œbrangā€. My bad.

      And itā€™s ok, I have since fired my editor in chief and replaced them with just waiting for jv to find my spelling errors.

        • veritas_mendax on 30/09/2023 - 15:18
          +2

          Up the lions

          • jv on 30/09/2023 - 22:31
            +1

            @veritas_mendax: Yep, we stuck it up them !!! šŸ¤£šŸ¤£šŸ¤£

            • WhyAmICommenting on 01/10/2023 - 15:12

              @jv: Thanks to dodgy refs.

              • jv on 01/10/2023 - 15:16
                -2

                @WhyAmICommenting:

                Thanks to dodgy refs.

                Yep, we should won by more if not for all the dodgy decisions against us…

                Lions has 38% more free kicks and gifted goals…

  • miwahni on 30/09/2023 - 00:53
    -2

    Get two people to go to the bloke's house. One hands the letter over and the other films it. Doesn't matter if he won't take the letter - you can lay it on his doorstep after he's refused it, it still counts as being served.
    Doesn't mean he'll act on it though.

    • jv on 30/09/2023 - 01:21
      +1

      still counts as being served.

      Is it a court document?

    • pegaxs on 30/09/2023 - 08:39

      Not being served. It hasnā€™t got that farā€¦ ā€œyetā€.

  • morse on 30/09/2023 - 03:37
    +1

    Find out where they work and show up there with letter and film it being received.Also depending on what kind of workplace it is ask reception if they can help you get a package to them, and say itā€™s really important they receive it.

  • Bob Svargis on 30/09/2023 - 07:50
    +4

    A certain insurance company's collection department used to send letters marked up with balloons and congratulations written all over it and made it look like the recipient had won a prize.

    All they had to do was call a certain phone number and they'd receive their gift. Guess what - most of them called and said "What's it gonna be?!?!" And were then told of the debt they owed - it was good enough for the insurer to say that there had been contact and the next step was small claims court (at the time - I guess it's NCAT in your case).

  • jacross on 30/09/2023 - 07:53
    +1

    For someone who is very defensive about their profession I'm, not sure why pegaxs thinks it is okay to play the role of a, lawyer. Imagine this so called letter of demand…

    Oz bargain is, a fascinating windrow into the world and the people who inhabit.

    • pegaxs on 30/09/2023 - 08:47
      +1

      Iā€™m not a lawyer, never said I was a lawyer, Iā€™m just trying to help out a very good and loyal customer. And how am I defensive of my profession, it would take a complete idiot or a new user to not know what I do for a job.

      The standard practice after someone refuses to pay is to send a letter of demand. It doesnā€™t take a lawyer to do that part. Iā€™m not acting as a lawyer. I didnā€™t write the letter pretending to be a lawyer. Anyone can write a letter of demand if they are owed money.

      The old timer is not good with words, nor is he good with computers, and since I have to chase up non-paying customers on a regular basis, I offered to help because my words are heaps goodera, and I can turn on a computer. (That and we also have templates at work for letters of demand already formulated)

      • jacross on 04/10/2023 - 08:47

        I think you are conflating defensive with secretive. To be honest I had a run in with a mechanic on here and I think I've assumed it's you but I can't figure out how to go back and check that so I'll retract that claim. You might be a panel beater now that I think about it properly. Anyway I'm sure you are just the right amount of defensive of your profession.

        I'm not accusing you of pretending to be a lawyer. I'm accusing you of doing the task of a lawyer when you are grossly unqualified. Receiving a letter of demand written by a mechanic would be a laugh and a half. Have a think about your very thread. You are asking what to do because the party won't receive your trash letter. These are all things that a solicitor knows how to handle. Very importantly this includes knowing when NOT to handle it and advise a different course of action.

        Imagine me opening a car hood/looking at a broken bumper bar, taking a wrench and going 'oh I'm not a mechanic/panel beater, I know I"m not a mechanic, I never said I was a mechanic BANG BANG BANG BANG, hey why isn't this working? I don't need you but why isn't this working? BANG BANG BANG What? I don't need a mechanic but why isn't this working?'.

        That's what you sound like to solicitors.

        What do you actually think receiving a letter of demand does? What do you think a letter of demand is for? It's not some court document you have to serve on someone. It's a letter to try and avoid the cost and hassle of a court process by setting out some legal claim for consideration. They've received the letter. They don't want to do anything about it. You proving they received it doesn't make them any more or less liable for damages.

        Your customer needs to just grow up and engage their insurer. If they want to play silly buggers then they need to engage the proper professional to help them play silly buggers (the solicitor will advise them to just engage their insurer though).

  • jrvb42 on 30/09/2023 - 08:20
    +2

    Customer is worried premiums will increase.
    Customer is worried at fault party isn't accepting letter of demand.
    Customer is quite old.

    Claim through insurance. There should be no increase to premiums or excess because the at-fault party is known.
    Even if the premiums do increase, it probably won't be for that long, as excessive worry will likely lead to the early death of your client anyway.
    Sorry, but this sounds like a small issue made into a bigger one by stubbornness and over-thinking.

    • StingyBritches on 30/09/2023 - 10:48

      This:
      ā€œ Claim through insurance. There should be no increase to premiums or excess because the at-fault party is known.ā€

  • Msfrugal on 30/09/2023 - 09:00
    +2

    I feel so sorry for your customer.
    My understanding is that the Insurance Company will chase the guy for the money.

    Youā€™ve got all his details and theyā€™re the professionals

    Can you can call the insurance company-with him there to give policy details- and confirm with them the consequences of making a claim so both of you hear the answer?

    Thats why he has insurance and at least confirm for him the outcome of a claim. Knowledge is power!

    Iā€™m also a tenacious person- HATE unfairness and Iā€™d be same as you trying to make the guy pay up.

    Please keep us updated.

  • Leanne59 on 30/09/2023 - 09:24
    +1

    If he has the ā€œat faultā€ drivers details then he just has to pass them onto his insurance and they will chase the other insurance company for payment. I would say that his insurance wonā€™t go up but my sons insurance with AAMI went up 30% percent this year and he didnā€™t have an accident or claim. When we called to see why his premium was increased they said they had received a lot of claims (other customers) so they needed to charge more.

  • jonkvh on 30/09/2023 - 10:55

    Process Server. Look it up. Done it before. If they can't get through, no one will.

  • ddilrat on 30/09/2023 - 11:08
    +2

    Also my insurance premiums never went up and no excess to be paid if you satisfy them that you are not at fault. Should be easy with the dash cam

  • Lastchancetosee on 30/09/2023 - 11:32
    +1

    For $1500, unless the old guy is destitute, just get hom to pay it for his peace of mind. Then he can 'save' his insurance for a significant sum.

    Since you're thinking about doing gratis,why not just charge him for the parts - win/win.

    • pegaxs on 30/09/2023 - 13:56

      If it comes down to it and there is no other way we can get this guy to pay that doesn't involve lawyers and courts/NCAT/time/etc, then yes, I will 100% do that for him. I'll just say we need it over night and I'll just take it home and do it as as a favour on my own time.

      I don't think I'll tell him the other guy paid, I'll just something like "and outpouring of community support came together and helped him out. I don't want him thinking the other guy turned out to be ok after all and paid if the at fault guy didn't lift a finger.

  • gromit on 30/09/2023 - 12:18

    FFS just use insurance. Not at fault it won't increase the premium.

    • Mistredo on 02/10/2023 - 10:57
      -1

      It will.

  • Seraphin7 on 30/09/2023 - 13:17
    +2

    I assume from your post, you are a panel beater or otherwise involved in the repair.

    I reckon you done more than enough already (and arguably too much).

    At this stage I would humbly suggest any recommendations other than send it to your insurer (and I need my bill sorted) are just a waste of everyone's time.

    • pegaxs on 30/09/2023 - 14:04
      +1

      I am technically an "advanced diagnostic technician", kinda like the guy you get to look at your car once the filter monkeys cant work out why "car go bang now not work…".

      He bought it to us because we do all his work and the damage to his car is largely plastic replaceable shit. No paint or panel damage.

      And for this old timer… it's never too much work. he is a great customer, gives us lots of work and brings me free shit off his farm all the time, and I'm easily bought by great customers. Let's call it, "returning the favour" or "above and beyond"… "exceeding the expectations…" (cant think of any other PR buzz phrases…) "synergy!"

      That, and I love f@#king with customers that don't pay… :D

  • tessel on 30/09/2023 - 13:42
    +2

    Old guy has too much time on his hands. Claim insurance.

  • RedDevil860 on 30/09/2023 - 14:06
    +1

    Not your problem. Its the customers problem. Let him deal with it.

  • EspressoDan on 30/09/2023 - 15:15
    +5

    JUST USE INSURANCE.

    If you lawyer-up, I can guarantee that the other parties legal advisor's first piece of advice will be 'go through your insurance'.

    Not only that, strictly speaking the requirement of an insurance company for a current or prospective customer is to disclose an incident, not a claim (read the small print). If it becomes a legal matter there will be a record of the proceedings which, theoretically, an insurer could use to refuse any current or future claim on the grounds that your customer had failed to disclose an incident occurring during the time that the vehicle was insured with them. In addition, any future insurer could also use it as a reason to refuse payment of a claim as the customer had not disclosed their full incident history as required.

    Having a not-at-fault incident will not increase your customers premium. Having a record of a failure to disclose an incident certainly will.

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