Accident Not at Fault - Paint Protection Cover - Need Advice

Hi Ozbargain,

Wanted to hear your thoughts please.

Had a car accident recently where I'm not the one at fault. The other driver was cooperative and gave me their mobile number + driver's license + insurance company name. It just so happened that we both are with the same insurance company, i.e. AAMI.

So I called AAMI to report the case and they asked me to make an appointment with their approved Smash Repairer and they will pay for the whole costs + getting me a like for like car-replacement during the time my car's in repair. All good to that end.

One small problem is that the car is relatively new and I've had paint protection applied not too long ago and when I applied for the insurance, my dumbass had forgotten to mention that for it to be covered. As the damage was quite sizable, I'll need to get the panel replaced, and with the new panel there wont be any paint protection on it. When I asked AAMI of whether they will reimburse me for they said since it's not covered in my insurance they wont be covering it.

Although (normally) I dont disagree with them, my recent past experience suggested that they could have covered it but I was "unlucky" that me and the at fault driver had the same insurance company. Let me explain.

Just three months prior, I've had another accident (again, not at fault) where I'm with a different insurance company (Budget Direct) and the other driver's with QBE. To cut a very long story short, I couldn't get my claims processed by BudgetDirect thus need to deal with QBE directly and in this case, they agreed to cover everything, including the paint protection, just needed my original receipt.

The point I'm trying to make is that, I believe the two reasons I should be reimbursed for the paint protection is:
- I'm not the one at fault
- I got the other driver's details

It shouldn't matter whether or not I had it covered in the first place, as my insurance company can simply pursue any costs incurred by repairs to the at fault party's insurance. Or am I just not understanding how insurance work? How is QBE agreeing to cover me then?

Thoughts please?

Comments

  • -7

    Here's another option - contact the company who applied the paint protection and see if they'll redo the panel out of good will

    • -1

      What a dumb comment

      • +6

        I work for a company who applies it, and who would come to the party…

        So, you were saying?

        • +1

          Irrespective of whether that's the case and whether a company you work for WOULD come to the party in the instance insurance doesn't cover it, the fact remains that insurance SHOULD cover it and a detailer shouldn't be expected to bare those costs…the insurance company rightfully should. So I'm saying, assign accountability to the correct party instead of throwing yourself or the business you work for, unnecessarily out of pocket. Sure, if insurance doesn't then what you say is an option, but it shouldn't be the first choice by any means.

          For example, some detailers spend 1-3 days on each vehicle and work alone. It's not fair to suggest this burden should be wrongfully their responsibility instead of the insurance company paying them to get the job done.

          • +3

            @Ilikecars: Relax…

            No one said it was an expectation, I said it was another option. We're talking about 1 panel here, get off your high horse

    • +2

      interesting option. Thanks for sharing your thoughts.
      I've had three cars done by this company over the years so hopefully out of loyalty and good will they'll do this. Cheers

    • LOL

  • +4

    AAMI and Budget Direct are crap insurers. try getting a quote from QBE and compare their prices.

    • Really? Ive been with both and had great experiences. Been in not at fault accidents and it was quite smooth. Only changed to the other because it was cheaper (they were both cheaper than anyone else).

    • They are all crap insurers when they choose to be.
      Just depends what you expect of them.

    • +1

      +1 to AAMI being horrible

      The majority of 2000 people also think they're shite

      https://www.productreview.com.au/listings/aami-car-insurance

      I had to take them to AFCA after they rejected my claim and I won convincingly.

  • +7

    Wanted to hear your thoughts please.

    It's very hot outside.

    • +2

      Cool off with a Cold Pepsi Max

    • +2

      It's beer o' clock here in Adelaide.

    • +1

      so take off all your clothes
      oh wait, you said outside
      .

    • +1

      Pfft, Melbourne complaining about heat… Oh no, did you have to remove your jumper?

      • It's warm enough that their lattes seem luke warm.

      • Melbourne complaining about heat…

        Hotter than Perth

        • Thanks a lot Dan

    • +1

      wow, not sure if I should be frame this. It's my first ever post to get a comment from jv … silverlining perhaps ?

      • Who's JV?

        Edit: googled it

        A joint venture (JV) is a business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing a specific task. This task can be a new project or any other business activity. Each of the participants in a JV is responsible for profits, losses, and costs associated with it.

  • +2

    This happened to me in the past and I am also with AAMI. They refused however I presented them with the receipt and they approved. You have to escalate this to the supervisor.

    • Thank you for your reply. I'll try that. You didnt have the paint protection covered either?

      • Correct. As I picked up the car from repair, I realised that the car had paint protection. When I brought this to their attention, they said that it is not covered. But I sent the receipt of the purchase and they accepted. I would escalate to their supervisor to get it done. Push them. Plus don't get their crappy budget Capitol Smart to repair. I tell them I had bad experiences with them (which I had) and I want mine and they accepted. Persuasion is the key

    • As OP mentioned there is quite a difference here.

      On the 1st occassion OP was claiming directly on the other driver's insurer.
      So that insurer must repair the car to the way it was.

      On this occassion OP is making a claim through his own insurer. (BIG MISTAKE)
      Regardless of who is at fault OPs insurer is only responsible to repair or make good what OP listed to be covered.
      Now yes OP can have the claim escalated because they are not at fault and good luck with that.

      However OP should have lodged the claim via the driver at fault - through thier policy just as before.

      But what worries me is that OP has been involved in 2 accidents in a relatively short time.
      Even though OP claims they were not at fault, this will weigh heavily against OP should they decide to change insurers.
      Because the question asked is:
      Have you made a claim in the last 3 (or 5) years regardless of who was at fault?.
      Now OP must answer….YES.

  • +5

    2 not-at-fault accidents in 3 months…
    either very unlucky or need take a defensive driving course…

    • +3

      Very unlucky - one i was hit from behind while stopped. The other one driving through a narrow street and a van door suddenly opened and hit my side…
      Missus and parents suggested flower bath :D

      • -2

        Hmmm
        With the narrow street case, usually the driver of the moving car is at fault.
        Consider yourself lucky!

  • I contacted the mob who originally applied the paint protection, they gave me a quote to re-apply to the affected panels — I supplied this to QBE ([email protected] & [email protected]) and it was in my bank account within 24 hours, they didn't want to be involved.

  • +4

    The fact the other driver was with the same insurance company is a non-issue. If you are not at fault then the other drivers insurance company is required to make good you vehicle to its original state - this includes paint protection

    • Might need to lawyer up to get that result. Otherwise they'll just fob you off.

    • +4

      OP's own insurance company is not required to return vehicle to original state, only to insured state.

      Other parties insurance is, but OP will need to chase them up themselves

    • -1

      But he didn't state on his policy he had paint protection… if he did I doubt he would be in this situation

    • Fingers crossed. Thanks for your reply.

  • -1

    Not at fault so they need to fix it.

    Keep in mind you may not have disclosed paint protection on "factory options" when you obtained your policy, so make sure you update that if not.

  • -4

    I do not understand if OP is not at fault why they are going anywhere near their own insurance company?

    • +6

      Because part of the reason you get comprehensive insurance, is to delegate the hassle of chasing payment. In this case though, they will have to do it themselves

  • -2

    You don't do the chasing - take your car to a panel shop and they do the chasing

  • They are treating it as if you are claiming on your policy. In this instance you are covered by the wording of your policy and your coverage.

    You need to tell them that you are not claiming on your policy and the other party needs to return your vehicle to its pre accident state.

    If they dont play ball then either withdraw your claim or raise an internal complaint. Either option should work but the complaint will take longer.

    • I'll try this option I guess. I'll see what they say.

  • +2

    So you took a policy and forgot to add the paint protection ?? So why should they cover that if you haven't stated it has it…

    • Agreed, my dumbass is already hurting from kicking myself.

      My point is, the equation had been like this:

      Me (with insurance A) and at-fault-driver (with insurance B) - then
      A: to chase B to retrieve whatever cost incurred during the repair.
      B: pays for everything to return car to state prior to accident (irregardless of whatever I'm covered by A)

      Scenario 1: Insurance B is QBE - except I'm the one chasing QBE
      Scenario 2: replace insurance B with insurance A, now suddenly I'm ineligible?

      If scenario 1 never happened, I wouldn't have thought I'm eligible and asking all these questions.

      • +1

        If you have the receipt, then push them for it to be done. Escalate this to their supervisor and if they still disagree, the escalate it further. I have several cars with them and my partner as well. May not be directly related to accessories, however my partners car had a slight rear end collision. She said that her wheel alignment was not right and she pushed for an alignment and they paid for it. You have to push them.

    • +2

      AFAIK, AAMI don't ask for accessories/etc. to be listed. Only that they are covered by the sum insured (or at least, this applies for agreed value).

  • In a not-at-fault accident, you will be made whole no matter what. Tell AAMI that you're claiming against the at fault's policy and if a non-AAMI was in your position, would their paint protection be denied to? Should be easily fixed with a detailed email

    • If AAMI doesn’t change their tone after that, AFCA or send a letter of demand directly to the other party

Login or Join to leave a comment