Not at Fault Accident - Need Advice on Pre-Accident Value of Holden Acadia

Lcmd411 on 27/03/2024 - 01:24
Last edited 27/03/2024 - 09:34 by 1 other user

Dear OzBargain, would like to hear your thoughts please!

Me and my family were in a car crash by an L-plater and got swerved onto the oncoming traffic on a Highway (100 KM zone). Luckily, we all got bruises and bit of residual back issues, but we are okay. I am not at fault have got the dash cam footage to prove that. The liability has been established as the learner driver. I am in WA.

The L-plater's insurer is RAC, I had a Holden Acadia LTZV 2018 model. RAC came up with an amount around $30K as the Pre-Accident value of the vehicle.

I cannot see anyone selling a similar vehicle around $30K. What I do not understand is, I lost my car that I liked, which is gone because of that L-plater and I am out of pocket. To get a similar vehicle I am $3-$5K out of pocket. They do not want to consider even to replace the dash cam and the paint protection applied.

I sent all the receipts that I have, with no fault of mine I am going to be out of pocket. Unable to understand their stance. I did try to negotiate a lot with them, but they seem to be stuck with the PAV. Do we have to go to AFCA for this? Is it worth it? Or any other means I can negotiate.

Thoughts please?

Automotive Car Insurance Holden Acadia Insurance

Comments

  • MS Paint on 27/03/2024 - 01:29
    +2

    Do you have an agreed value policy yourself? If so, then claim through your insurance.

    • cmd411 on 27/03/2024 - 01:30

      Unfortunately, it is the market value all over the place.

      • MS Paint on 27/03/2024 - 01:35
        +3

        You can request a review of the payout with evidence of comparable market values from carsales.

        • cmd411 on 27/03/2024 - 01:40

          what they are pointing out is a website called autograb. it shows around $32900 to be exact (odo: 65000Kms). They refuse to consider the carsales. Also, they do not want to consider paint protection and dash cam (along with installation costs). I've got receipt as well. They say that even road costs are not going to be paid.

          • MS Paint on 27/03/2024 - 01:45
            +4

            @cmd411: Being not at fault and under insured is never a cheap or pleasant experience. Sorry it's not working out for you.

            Not sure if it's too late but speak to your insurance company. They might be more generous and then just request the money from RAC so they aren't out of pocket. You will not have an excess if you can also prove to them you are not at fault. Technically your premium going forward should not be affected but who really knows.

            • cmd411 on 27/03/2024 - 01:52

              @MS Paint: Thank you! I did have a chat, like you said, under insured (market value) is a learning from my end. Not too sure if going to AFCA is going to be of any help for 5K or I have to just accept it as a loss and move on.

              • ol mate on 27/03/2024 - 04:42
                +1

                @cmd411: You can look at past decisions on the AFCA website (filter on General Insurance), otherwise send a letter of demand directly to the other party.

                The other party should pass this onto their insurer, which should hopefully encourage them to be more helpful. If not, follow through and take the other party to N/V/QCAT (small claims) and sue the other party (their insurer should step in and settle if they think it won't go their way or it's cost prohibitive for them to argue for the lower value)

          • geekcohen on 27/03/2024 - 05:50
            +1

            @cmd411:

            they do not want to consider paint protection and dash cam (along with installation costs)

            If you listed this on your insurance, then that should've been covered and you go through your Insurance for the claim.

            A Dashcam would probably come under portables or similar for coverage, you might've needed to list it separately as an item.

  • Euphemistic on 27/03/2024 - 06:32
    +14

    Collect your dash cam from the vehicle. Its not part of the car.

    • richadam on 27/03/2024 - 11:35

      Unless it's damaged form the accident?

      • Euphemistic on 27/03/2024 - 14:14
        +1

        Fairly unlikely, but a fair point. If its damaged then claim it. If not, collect ut becasue itll be easier than fighting the insurer.

  • capslock on 27/03/2024 - 08:23

    Similar thing happened to me. I thought that's just the way it is. Market value does not mean replacement value.

  • AdamFury on 27/03/2024 - 08:27
    +4

    I have just gone through this exact process being the not at fault driver and having my car insured for market value. Do not accept the first offer. Escalate until they tell you that AFCA is the only option.

  • Forenti on 27/03/2024 - 08:32
    +4

    I'm not an expert, but I think unless you add those accessories/extras to your quote from the insurer (eg. metallic paint, dashcam) only your base car is covered

    • Euphemistic on 27/03/2024 - 09:04
      -1

      Once a car is used, all those extra $ accessories are worth next to nothing in the context of the car price. This is true when buying privately, so why woukd it be different for an insurer.

      Any personal effects such as dashcam should be collected from the vehicle. Metallic paint adds nothing except when purchasing new.

      • Fredfloresjr on 27/03/2024 - 09:23

        WRONG.

        They will replace all the additional MISC you added in your insurance. Such as Child seats if any, paint protections, dash cam and etc.

        • Euphemistic on 27/03/2024 - 10:00

          The other party insurance will not play that game unless you can prove additional loss to them. That is, if you are going through the other parties insuracne theyll look af market value of the vehicle - to which my point is that 'paint protection' adds very little to the value of a used car. If the dashcam is damaged, it should be replaced as do child seats that need replacing after a crash.

          If you are using your own insurer the fine print of the policy will determine what you get.

  • barge-in hunter on 27/03/2024 - 08:35
    +5

    This sounds really frustrating- glad everyone is ok though.

    I once went through a similar situation; if they’re refusing to settle for what you can see is the market amount (including anything else that was damaged as part of the accident - doesn’t matter if it’s covered on your insurance or not, because it’s their responsibility to “make you whole”), then request an formal complaint be lodged internally.

    If the claim is taking more than 3-4 weeks to settle, you also have the right to lodge a complaint with the ombudsman for slow or delayed payouts (a costly process they have to pay for).

    So;
    1. Request their formal internal escalation/complaint process to start
    2. Wait for their response
    3. Once their response comes through (assuming it’s still inadequate), say the claim is taking longer than it should - and that you are going to escalate it to the insurance industry ombudsman

    You’ll hear back quickly with a counter offer - just be aware that if they still think they can justify a lower payout (including ombudsman fees), you’ll need to actually follow through with the ombudsman

    ”Insurance companies hate it when you do these three simple steps…”

  • Ocker on 27/03/2024 - 08:47
    +4

    Redbook shows value of "holden-acadia LTZV 2018 model" as being $15,500 tops.

    Where did the $30,000 valuation come from?

  • AdosHouse on 27/03/2024 - 09:16
    +3

    "we all got bruises and bit of residual back issues"

    I hope you have claimed on their CTP for the back issues. Even if it only a small discomfort now, it can turn into a much bigger problem down the line. You just need to start the paper trail now.

  • Fredfloresjr on 27/03/2024 - 09:24
    +1

    Take a time off why sorting out this headache (claiming process). Your insurance will pay your working day/s off.

  • Dollar General on 27/03/2024 - 09:29
    +1

    What they are asking for and what they are selling it for are two different things

    If you disagree with the amount, the insurer will have a dispute resolution process. Go through that process first and if no luck then it’s legal action

  • JimmyF on 27/03/2024 - 10:09
    +1

    I cannot see anyone selling a similar vehicle around $30K.

    But are they selling? There is a lot of wishful thinking for private sales on carsales etc.

    Might be listed for $35k, but doesn't mean it will sell!

  • pharkurnell on 27/03/2024 - 10:11

    They do not want to consider even to replace the dash cam and the paint protection applied.

    What does this mean?

    • cmd411 on 28/03/2024 - 22:42

      They are saying they may look at dash cam but paint protection is a no.

  • Drakesy on 27/03/2024 - 11:46
    +3

    You do get a fair bit of wiggle room between redbook and Carsales ads.

    Don't let them tell you how much your car is worth.

    Having said that $30k seems quite reasonable given it's a discontinued holden.

  • cmd411 on 27/03/2024 - 12:08
    +1

    Thanks so much guys, I'm going to have a chat with them again to consider. Will keep you posted.

  • original15 on 27/03/2024 - 12:11

    Slight tangent
    I normally go agreed value but realised my insurer had a policy of replacement if car is <2yo. Now there are a heap of conditions to the replacement eg getting a vehicle within a timeframe etc that I am sure would be problematic..

    Anyone recently had a new replacement as part of their policy? I left this years renewal as market value (or just a smidge above that at agreed) due to this condition

    • Baysew on 27/03/2024 - 12:52
      +3

      Car-Crash Not at Fault - Car Written off

      This thread details the problems of getting a replacement car. The insurance company couldn't source a new Corolla in the time frame (which would have included on road costs and accessories), so just paid out on agreed value, (which didn't).

      • original15 on 27/03/2024 - 13:02
        +1

        Thanks for sharing, normally don’t miss interesting forum discussions but don’t recall this one 👍🏻

        • MS Paint on 27/03/2024 - 14:48
          +1

          Did you read the one about the guy who uses a public BBQ as his home oven?

  • billy72 on 27/03/2024 - 18:15
    +2

    $30k is a good offer

  • AndyC1 on 27/03/2024 - 19:18
    +1

    Get a quote from a dealer for what you want as a replacement and give it to RAC as why their payout sucks.

  • bobswinkle on 28/03/2024 - 07:25
    +3

    A lot of people here are missing a key point. Your insurance is irrelevant from a legal perspective. What you insured your car for doesn't matter.

    You have a legal claim against the other drive for property damage they caused. The other driver have had third party property insurance that covers said legal claim. Their liability is completely unaffected by your insurance. They're simply playing hardball with negotiations and trying to get you roll over for a smaller amount.

    Their default obligation is to make you whole and return you to the position you were in prior to the accident. This would include paint protection and any personal goods, like a dashcam, damaged in the accident.

    You should threaten and use AFCA, VCAT and lawyers if you genuinely feel you're not being made whole.

    • shoppe on 01/04/2024 - 00:15

      The question about paint protection is, does it work, or rather what does it do? You have to prove that the paint protection does something that the car's normal paint doesn't do. If the insurance company argues that the paint protection is a sham, then you cannot expect them to pay for it. They would argue that the paint on the car is adequate, and no different to the paint on the damaged car.

      You could argue that you had your car washed and waxed just before the crash, I don't think the insurance company would care, and I don't think they will include an extra amount to cover this service for your replacement car.

    • Euphemistic on 01/04/2024 - 06:22

      Their default obligation is to make you whole and return you to the position you were in prior to the accident. This would include paint protection and any personal goods, like a dashcam, damaged in the accident.

      The problem is not that they need to make whole, but that used cars vary a lot in value. You cant get new replacement on a used car. You can ask for restitution of accesories, but who is to say they havent included that in the value. $500 for paint protection is negligible when the value of the car is being tossed around at $30k but varying by 10-20%. Accessories are a part of the overall value and wildly dependant on the condition of the car

      Its a negotiation process, admittedly sometimes requiring court or lawyers. But its a negotiation none the less.

  • cmd411 on 03/04/2024 - 16:56
    +1

    Thanks a lot guys,
    I had a chat with them and they said they'll consider looking at the dash cam and other things. They are very slow to respond though.
    I'll keep you guys posted.

  • cmd411 on 14/04/2024 - 00:41

    Thanks a lot again guys!

    After a lot of discussions and follow-ups - I've had a chat to the lawyers as well.
    I've agreed at about $3K more + Dashcam. Based on multiple suggestions here and lawyer's advice, it was not worth it to engage lawyers for amounts < $5K which sounds like a reasonable argument to me.

    Thanks so much again for all your help!

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