Four Car Accident - Not at Fault without Insurance. Need Advice

LJagnan on 14/10/2023 - 12:45
Last edited 15/10/2023 - 09:38 by 1 other user

Hey, need advice here.

We were at Philip Island and a Jeep SUV hit my car rear. I bumped into the car at front and that car hit another, total 4 cars involved. (No injuries). Jeep SUV driver and all other passengers were drunk and left the car at spot and flew the scene. All were teenagers aged 19 and 21.

Police arrived, got all our details. Police gave me a ring later that night told me they found the boys and driver was drunk.
I managed to get their details also found out their car is not insured.

The problem is I am not insured either. I have a quote of $10k from smash repair to fix my car another $1k for towing car. I was driving Nissan X Trail. I have police report and clearly says I'm not at fault also says the boys who hit my car at fault.

I want some advice who to reach for legal process and any other advice will be great.

Automotive Car Car Insurance Insurance Nissan

Comments

  • bloom on 14/10/2023 - 12:46
    +13

    Step 1. Spell advice correctly

    bloom on 14/10/2023 - 12:46 (Collapsed - Offtopic. Show)
    • Baysew on 14/10/2023 - 15:03
      +5

      Step 2. Spell revised correctly.

      • jackspratt on 15/10/2023 - 11:23
        +1

        Step 3. Sign up to OzBargain.

        • smartazz104 on 15/10/2023 - 16:35
          +22

          Step 4. Shake it all about.

        • jackspratt on 17/10/2023 - 13:58
          +1

          Step 3. Sign up to OzBargain.

          And then head back under your bridge, leaving it to others to engage in endless, pointless discussion.

  • dtxau on 14/10/2023 - 12:56
    +283

    All the money you saved for not having insurance can now go towards your legal defence. Congratulations on this momentous occasion and we all wish you the best.

    • bobbified on 14/10/2023 - 13:01
      +21

      All the money you saved for not having insurance can now go towards your legal defence.

      Why would OP need "defence"? OP needs to sue the driver of the Jeep for repair costs.

      • dtxau on 14/10/2023 - 13:30
        +22

        Replace it with "costs".

      • plmko on 14/10/2023 - 13:52
        +4

        And what about the cars in front of OP?

        • pyramid on 14/10/2023 - 13:54
          +1

          They will sue op…or hope front cars have insurance

          • brad1-8tsi on 14/10/2023 - 14:34
            +31

            @pyramid: The car at the rear is always considered to be the vehicle at fault but being drunk, even if they had insurance they aren't covered.

            • pyramid on 14/10/2023 - 15:25

              @brad1-8tsi: So insurer of car in front of op will ask op to pay the damage or they will ask jeep drivers ?

            • imurgod on 17/10/2023 - 08:33

              @brad1-8tsi: Not necessarily. It depends on the order of which car hit which at which time.

        • bobbified on 14/10/2023 - 15:10
          +3

          Liability sits with the car at the back.

          • imurgod on 17/10/2023 - 08:34

            @bobbified: Not necessarily.

            • bobbified on 17/10/2023 - 09:02

              @imurgod: Go on…

              • imurgod on 17/10/2023 - 09:06

                @bobbified: It depends on the order. If OP hit the car in front before he was hit in the rear, he will be responsible for that car and the Jeep only responsible for OP's car.

                • bobbified on 17/10/2023 - 09:14

                  @imurgod: OP says that he was it from behind and then bumped the car in front of him. It doesn't get much clearer than that. When I was a claims assessor before, dashcams weren't much of a thing… so 99% of the time, it was one person's word against another's and the last person ended up being liable. Even when there was dashcam video, it could easily be argued that even if the cars didn't hit first, the back car could've pushed them into the car in front. It's really a can of worms…. so best to have insurance and let them argue it out.

                  • imurgod on 17/10/2023 - 09:17

                    @bobbified: Insurance has gone through a lot of change, dashcams are a thing nowadays and OP's version is one of 4 versions of events.

                    I agree insurance would be the answer but there's no insurance so OP is really stuck in a precarious situation where he may even be held liable for the damage to the vehicle(s) in front if their version of events put him at fault.

                    • bobbified on 17/10/2023 - 09:19

                      @imurgod: OP is likely to need lawyers to sue the Jeep… that's going to cost an arm and a leg.

                      • imurgod on 17/10/2023 - 09:19

                        @bobbified: Yes, you're right and with very, very little chance of any real success.

                        That's the cost of being uninsured.

                        • bobbified on 17/10/2023 - 09:22
                          +1

                          @imurgod: The insurance companies of the two vehicles in front will not be chasing OP for money.. they'll be chasing the Jeep driver too. So OP is lucky in that sense. haha

                          • imurgod on 17/10/2023 - 09:25
                            -1

                            @bobbified: It will depend on their client's version of events.

                            Given that the police confirmed the drivers were drunk, they may not even be able to claim as they breached the policy conditions.

                            • bobbified on 17/10/2023 - 09:26
                              +1

                              @imurgod: If the Jeep drivers can't claim on their own policy (if they had insurance or their policy is void due to being drunk), they'll have to pay out of their own pocket (otherwise, face bankruptcy).

                              • imurgod on 17/10/2023 - 09:28

                                @bobbified: Exactly

                                • bobbified on 17/10/2023 - 09:30
                                  +1

                                  @imurgod: Too much headache to drive around without insurance. People don't seem to get it until something like this happens to them. But then it's too late. lol

      • HeWhoKnows on 15/10/2023 - 08:03
        +22

        Its because everyone blames everyone else.
        Either way legal costs involved and more to get any money out of anyone

        So many posts here about being uninsured drivers
        We should just refer them to all the other posts.

        All I got to say is:

        Fool be you to have no insurance

        Now leave us alone and go and sort it out

        Not our problem - your problem

    • gravel on 15/10/2023 - 20:25
      +6

      Oh at least it didn't begin:
      " he grabs his popcorn, or snaps his kit kat or something equally unfunny and inane as that.
      The person is after advice not a lecture, they can get that from their parents or friends.
      Unless you like making people feel bad and I suspect that's the case sometimes either give the advice or stay quiet.
      We get that people should be insured and we understand that we are not all as perfect as the people who make these comments but as silly as it might be sometimes people are not ( insured ).
      jagnan, what is silly is that for an issue such as this you would come to this forum where the top comment most upvoted has nothing whatsoever to do with the advice you seek.

  • AndyC1 on 14/10/2023 - 13:02
    +8

    Sounds just like a post from a few days ago about who was responsible in a multi-car accident similar (could the the same, but I account remember) just like…. This time from a new account.

    • Jagnan on 14/10/2023 - 13:19
      -2

      Hi Andyc1, no I have read that post. In this case I was hit by drunk teenagers. And I bumped to another at front but I don't have insurance.

      • boomramada on 14/10/2023 - 13:43
        +64

        If you dont have funds to get insurance, you shouldn't drive, that way you don't even need to create account or thread.

        • HeWhoKnows on 15/10/2023 - 08:05
          +4

          Exactly!
          Such people are a (financial) threat to everyone else

          Foolish enough not to have insurance is not responsible enough to have a drivers licence

          • nigel deborah on 17/10/2023 - 17:26
            -2

            @HeWhoKnows: Nothing wrong with not having first party insurance if you're willing to take the risk. Obviously third party is a must (unless perhaps you're ultra wealthy and have no issue paying up to millions$ in damages out of pocket)

            • HeWhoKnows on 18/10/2023 - 08:06

              @nigel deborah: Its those with NO MONEY that dont have insurance.
              Therein lies the problem for everyone else on the road

              • nwa on 18/10/2023 - 13:38

                @HeWhoKnows: not always true, some people take the risk and save the money, or decide not worth it, or forget to pay it.

      • HeWhoKnows on 15/10/2023 - 08:05
        +5

        Well go any read all the other "uninsured drivers" posts.

        You will be entertained for many hours and realise you did wrong to yourself

      • fozzie on 15/10/2023 - 08:38
        +6

        Why on earth you wouldn’t have insurance? What if you hit someone and the worst happens? Good luck getting money from the teens….

        • BillyG687 on 15/10/2023 - 14:54
          +3

          If the worst happens, or someone else is hurt - CTP steps in and covers personal injuries, so as long as the car is registered that aspect is fine.

          It's the damage to your own and others property which CTP does not cover, and you're on the hook for.

        • resisting the urge on 21/10/2023 - 09:48

          Given that comprehensive/TPPD is optional, not mandatory… I believe the question is better put as:

          At what price is insurance worth having, and after what price is it not worth having?

          For example, an old person with little to do but comment about how stupid others are that they not do this or that might pay <$500/yr and not drive very much. Hence it is worth their while having car insurance.

          Young person with bad driving history is quoted >$5000 to insure their car.

          Is it worth the $5000, or do they just think, no I'll drive carefully, hope for the best, and try to re-insure in three years time?

      • capslock janitor on 15/10/2023 - 10:19
        +4

        now you can see why nobody likes sharing roads with uninsured drivers @Jagnan

        do the proper thing

        and being in philip island, i presume you were far from home too wow

      • mountaineer on 15/10/2023 - 18:54
        +7

        I am curious,were you aware that you are taking HUGE risk when driving without at least 3rd party property insurance? Genuine question.

      • CalmLemons on 16/10/2023 - 08:23
        +5

        Basically ur fked man. At least $10k in legal fees to sue the driver, who will probably declare bankruptcy.

        You will be out of pocket at minimum $15k

        You’re going to be paying lots of legal fees, with nothing to show for it.

        • Astaltar on 16/10/2023 - 18:37

          It's system (profanity). Why in the hell, person who got proven is not wrong. Heck, he probably was not even in the car. Has to pay out of his pocket for someone?
          It's just unbelivable.

          • nigel deborah on 17/10/2023 - 17:28
            +2

            @Astaltar: Make third party compulsory and the JVs of the world have a meltdown over personal freedoms. I do agree though

      • DangerNoodle on 16/10/2023 - 18:39
        +1

        Define don't have insurance. Like you don't have full comprehensive insurance or don't even have third party insurance? If you at least have third party insurance they may cover you for some of the damages to your vehicle in this instance.

        If you don't have third party insurance… then why? Third party is cheap and it's the minimum I'd get.

      • markga on 17/10/2023 - 09:19
        +1

        Personally I would speak to legal aid and see what input they have, but i think you have got your self a very costly lesson in why you dont drive without insurance, this could have been much worse if you hit the rear of a new mercedes, do you have $80,000 to pay for a written off base model Merc? Third party property damage might not have been helpful here though some do offer some coverage for uninsured drivers that you can identify.

        • Click_It on 18/10/2023 - 11:39
          -3

          I'd exercise caution with Legal Aid from a representation point-of-view, maybe I drew the short straw in my 2012, but here was my experience. I was defending against the NSW Police and we were getting slaughtered. Frustrated that my solicitor overlooked a pivotal defence point. When I asked the magistrate to intervene, I was instructed to relay my concerns to my solicitor. Once I did, he raised the point and the case quickly turned in my favour, with the magistrate questioning why such a critical detail was initially omitted. My solicitor appeared dishevelled and unengaged, seemingly in an ill-fitting suit that may have fit him 2 years prior when he bought it from BigW for $5.

          Subsequently, I've self-represented in minor court matters, always prevailing. Interestingly, I once again encountered that same reputably stern magistrate, who I found reasonable. (Incidentally, my most recent case was another win against the NSW Police.)

          I yield back my time 😉

    • JIMB0 on 14/10/2023 - 13:29
      +12

      That was a 3 car accident. Next we'll get a five car accident from a another new account.

      • avoidfullprice on 14/10/2023 - 15:03
        -1

        People need to learn from holdenmg and apply handbrake at intersections, regardless of practicality at their home city like Sydney

        • ProlapsedHeinous on 15/10/2023 - 18:45
          +5

          People need to not stop so close to the vehicle in front, specifically for this reason.

  • Mikefr on 14/10/2023 - 13:05
    +15

    Have a read and see what your options are.
    Insurance sure looks good in retrospect now - huh?

    https://financialrights.org.au/factsheet/car-accident-when-u…

  • bobbified on 14/10/2023 - 13:07
    +48

    The drivers of the two cars in front of you (or their insurance companies) will also be chasing the Jeep driver for damages. To be honest, I don't think you're going to have much luck getting anything from the driver of the Jeep (who is liable for the damage to all the cars). You can take him to court and get a ruling against them, but you can't do shit if he doesn't have money. Worst case, he can just be bankrupted by the rulings. (But you still won't get your money).

    Even IF the driver of the Jeep was insured, his policy would be void because he was driving drunk.

    This is why you should have your own insurance.

    • kaleidoscope on 15/10/2023 - 08:27
      +25

      Hope OP learn a valuable lesson here. Not having comprehensive is a personal decision, but not even having 3rd party is a totally d*ck move…

      • nigel deborah on 17/10/2023 - 17:29

        True however not like his third party is going to do anything in this situation either

    • MrTweek on 18/10/2023 - 15:12

      Why does everyone always assume that going to court is pointless because the other side is guaranteed to be completely broke and on the dole?

      As long as they have any sort of income, you can agree on a payment plan with them and eventually get the money back, even if it takes years. It's not that likely that they are completely broke if they drive a Jeep.

      • bobbified on 18/10/2023 - 22:19
        +1

        OP has said that the occupants were all between the ages of 19-21 and drunk. How much money would you reasonably expect the driver to have? Most 19 year olds would have trouble paying to fix their own car, let alone, three others.

        Sure they can go on a payment plan and pay you $10/week for the next 20 years. But how would that help someone that needs a lump sum to get their car back on the road? The smash repairer isn't going to accept that for payment.. nor is the car dealership if the vehicle if the damaged vehicle needs to be replaced.

        Who knows.. the parents of the driver might be loaded and willing to take financial responsibility for all the damage caused by their kid..

        It's not that going to court is pointless. It's being able to tell yourself that (it's a real possibility that it could turn out to be pointless) to avoid disappointment. If payment does happen quickly, then consider it a bonus!

  • FocusRider on 14/10/2023 - 13:18
    +18

    No sympathy here.. this is karma for not having insurance.

    Expensive life lesson for you.

    • bargaino on 14/10/2023 - 13:42

      Hopefully OP has insurance, just not comprehensive.
      Sometimes the latter is not worth it, but you need to be willing to write off the money, and/or take legal action.

      I would pursue the other driver on principle, without any expectation of a payout.
      Follow online advice to get quotes etc. Send letter of demand. Get their response, then legal advice.

      If you are lucky, the parents may pay up to avoid bankruptcy proceedings? Especially if the other cars' insurers write off the debt.

      • AustriaBargain on 14/10/2023 - 14:00
        +2

        Wish OP would tell us what year the Jeep was, would add a whole lot more context to his situation.

        • Poor Ass on 15/10/2023 - 08:16

          It was one from the 2013 to 2022 when the libs were in power

    • dowhatuwant2 on 16/10/2023 - 09:48
      +10

      Karma? What like having insurance is a good deed or something? wtf?

      • FocusRider on 16/10/2023 - 20:10
        +2

        Wait till an uninsured driver hits you see if you have the same opinion

        • dowhatuwant2 on 17/10/2023 - 10:49

          I disagree, them not paying for damage if they're at fault would be the bad deed that earns them bad Karma. Not paying for insurance if anything is probably good Karma since insurance company's are pretty scummy.

        • nobro25 on 14/12/2023 - 10:41

          That's irrelevant. If you have to full comprehension insurance. Your insurance company will chase up the other guy regardless if they have insurance or not. If they don't pay up then it's debt collectors, courts and eventually a criminal record if they refuse to respond or attend court.

      • MakkhiChoos on 17/10/2023 - 09:47
        -2

        They effed around (by not having insurance) and now they are going to find out.

        The very definition of Karma. You reap what you sow.

    • Tleyx on 16/10/2023 - 10:59
      +1

      I love how people recommend people just to go with tpp if they are young but then blame them when this happens

    • knk on 16/10/2023 - 16:52

      Not even an expensive lesson, a lucky one. I'd have saved over 10k in premiums if I never had insurance, so OP has basically ended up breaking even or perhaps slightly ahead depending on their age!

      But yes, get insurance OP

      • EarlyBird22 on 18/10/2023 - 09:43

        Yep, almost best case scenario. If he was at the back it would've been a lifetime of premiums.

      • shreav on 18/10/2023 - 13:35

        It probably will be an expensive lesson because I doubt they were saving 10k for this situation.

    • Camelface on 18/10/2023 - 10:49
      -1

      Not sure about OP, but, if you don't have sympathy, that's going to be bad karma to you I think.

  • Euphemistic on 14/10/2023 - 13:19
    +5

    Have you learned a valuable lesson about having your own insurance?

    Even if the at fault driver had insurance they wouldn’t be able to claim as they were driving while drunk

    • nikey2k27 on 15/10/2023 - 21:50
      -8

      you clame for there car but will not fix drunk person car. but broth don't have a cover most like sue and then boy bankrupt them self to get rid of the debt

      • Euphemistic on 15/10/2023 - 22:19
        +19

        Wanna have another crack at that?

        • Save 50 Cent on 16/10/2023 - 09:08
          +6

          No please.. it was painful enough reading the first crack.

      • imurgod on 17/10/2023 - 08:37
        +4

        You're one of the drunk drivers, huh?

  • Typical16-bitEnjoyer on 14/10/2023 - 13:26
    +6

    Invent a time machine and go back and buy comprehensive car insurance.

    • PopCounty on 15/10/2023 - 21:24
      +2

      lol
      OP would go back to the back of Jeep only to see 3 car collide now while thinking he saved good money by not having insurance.

  • JIMB0 on 14/10/2023 - 13:32
    -1

    All were teenagers aged 19 and 21

    21 isn't a teenager. Nice troll post.

    • redfox1200 on 15/10/2023 - 14:04
      +2

      You've never heard of a twentyoneteen year old?

  • bdl on 14/10/2023 - 13:38
    +18

    https://i.imgur.com/U3mIPb1.jpg

    • RTX9090Ti on 15/10/2023 - 07:07
      +1

      Piper OP :)

  • MrThing on 14/10/2023 - 13:40
    +3

    sue jeep driver, send bankrupt

    then buy comp insurance

    • sauce2k on 17/10/2023 - 13:57

      I declare bankrupttttcccyyyyyy

  • GordonD on 14/10/2023 - 13:50

    Is this the (only) way to get the police to come to accidents, to tell them the driver responsible was drunk and ran away?

    • plmko on 14/10/2023 - 13:54
      -5

      Yeah unfortunately you have to either be in a serious situation or just lie.

      All the talk about Police being part of the community is a load of BS.

      • buckethat on 16/10/2023 - 22:39
        +3

        Really, all two times I've ever had to call a police in my life, they came within 5minutes.

        One was in the middle of the day, another was around 7pm.

    • bargaino on 14/10/2023 - 13:56
      +1

      Or if somebody is injured. Then maybe.

    • nikey2k27 on 15/10/2023 - 21:52

      that happen to me hit at high speed by car was stolen. driver a guy where drug and drunk and drug driver. youth crime.

  • AustriaBargain on 14/10/2023 - 13:59
    +3

    If it was a newer Jeep, I doubt those teenagers paid for it themselves. Though if their parents know you don't have insurance then you might be in store for a bit of a hassle. Presumably their parents will want to keep them out of civil and criminal court?

  • Protractor on 14/10/2023 - 14:27

    TROLL post.

    Next post 5 car crash.
    Come in spinner/
    Ar least no pretend epileptic brother this time

    • OZKap on 15/10/2023 - 23:57
      +4

      OzBargain I need advise

      Was involved in a 12-car pileup.

      Started because I let my quadriplegic nephew drive, when we were rear-ended by a minivan full of 7 cooked ice fiends, he slipped into the footwell and jammed on the accelerator. This made us jump over the central divider and into the path of a road train carrying logs, which spilled into oncoming traffic.

      Ice fiends fled the scene before police could arrive.

      I don't have insurance and my quadriplegic brother was driving a stolen car. Please advice!

      • Protractor on 16/10/2023 - 09:55

        Your story sounds more (fra too) credible than most of the junkett brained offal spewed up here about neighbours,insurance problems or where 'ppl' magically lose the ability to think,speak,listen or act as an adult .
        Thanks for the visual ,I really enjoyed it.
        (That nephew of yours? What a guy!)

  • brad1-8tsi on 14/10/2023 - 14:36
    +5

    Why no insurance? Are you rich enough to self-insure?

    • pegaxs on 14/10/2023 - 14:53
      +12

      Mostly it's down to thinking they are good enough driver and will never need it (Dunning-Krugers), thus saving a few hundred dollars a year. This is usually coupled with them telling you how insurance is a rip off if you never get to claim and how they "invest" the money and make 10x more than they need…

      Well, that is until they stuff their car up the arse of a Hyundai and punch it into the back of a Range Rover…

      • Euphemistic on 14/10/2023 - 19:49
        +6

        Or get hit by a drink driver in a keep.

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