Car Accident Advice - Not at Fault Third Party Property Insurance

notauser on 31/03/2024 - 17:04
Last edited 01/04/2024 - 19:51 by 1 other user

Hey folks, hoping to get some guidance as I've never had to go through this before

My kid (P plater) was driving along the highway and another car has merged into hers. Nobody was significantly injured. Driver of the other vehicle appears to have admitted being at fault. She had 3rd party property insurance, guy who ran into her has none. Both cars not driveable.

We were told by family to go through her insurance company (RACQ) anyway. RACQ won't answer direct questions about it until they've decided whether they will pay. They want me to get all his info, but he is refusing to provide an address.

Police were at the scene but filed no official report. Also, won't talk to me as I wasn't there, and refuse to provide any advice or guidance on how to proceed. Kid filled out a report(?) but police haven't responded. Other driver has now told me not to call him (I called to ask for address) - not going to be cooperative at all. He is also on probation, does this situation affect that/could it provide incentive for him to cooperate?

The car is only worth $2-$3k, towing home was $400. But this is a lot of money to us.

What's the next step? How do we go about taking someone to court? Through the police or are solicitors required?

Thanks in advance.

Update:
Racq confirmed they found his address on their own from his rego and I was misinformed earlier.
Going to the police station with kid tomorrow to make the report.
Just have to wait and see what racq says now

Thanks everyone, some really good and specific advice here

Automotive Car Insurance Insurance

Comments

  • bobbified on 31/03/2024 - 17:32
    +21

    You've got TPP and car is only worth 2-3k? Perfect situation to use the 'uninsured at-fault drivers cover that covers up to $5K' where the at-fault driver is uninsured.

    From the RACQ TPP website: Get up to $5,000 for loss or damage to your car caused by an at-fault uninsured third-party

    Driver of the other vehicle appears to have admitted being at fault

    Don't rely on this. Is there dashcam footage? Are there any independent witnesses who's details you have now? The cops would've written something down and they could've spoken to people on the scene to get more details. The cops might have an opinion of who's at fault. Whatever it is, get your hands on it as soon as you can. There's a very good chance that the other driver will blame your kid as the one being at fault so, without anything to prove otherwise, it becomes one person's word against another's - which is a damn pain in the ass.

  • kerfuffle on 31/03/2024 - 17:39
    +8

    Can you not report the other party to police for failure to exchange details i.e. the address?

      • kerfuffle on 31/03/2024 - 20:21
        +3

        In NSW you have to exchange details. https://www.nsw.gov.au/driving-boating-and-transport/roads-s…. Not sure about Victoria.

        OP would need these details if they want to initiate a claim against the other party as insurance companies need the contact details of the other party

        • notauser on 31/03/2024 - 20:40

          Qld. Thanks for this, it is required here too. This might then affect probation…

          • [Deactivated] on 31/03/2024 - 20:50
            -7

            @notauser: This accident has nothing to do with his probation. His probation conditions for his criminal conduct. This is an accident. It is irrelevant. You better get his details rather than thinking of his probation.

            • Tee Rex Arms on 31/03/2024 - 21:36
              +5

              @[Deactivated]: Wrong. It very much will affect his parole as failing to exchange particulars at a reportable TA is offence.

              Brush up on section 93(1) of the Penalties and Sentences Act 1992.

              • MS Paint on 31/03/2024 - 21:38
                +1

                @Tee Rex Arms: That makes sentence. Cheers

              • [Deactivated] on 31/03/2024 - 21:53
                -6

                @Tee Rex Arms: Brush up on section 93(2) of the Penalties and Sentences Act 1992 for the 'offence' which refers to s 123(1). Traffic accident is not included in it. (Also, it is probation not parole).

      • redfox1200 on 01/04/2024 - 10:42
        +1

        How do you exchange your details if your dead?

        • [Deactivated] on 01/04/2024 - 20:17
          -2

          None. You would get a donut. Himm, Trolls working hard again. lol

  • AndyC1 on 31/03/2024 - 17:40
    +2

    Get you kid to get the report # from the police and a copy of the report if the kid can.

    If there is no report then ask you kid to ask the police why there was no report and that the other driver is refusing to give the other drivers address and as such ask the police if this they can obtain it so you kid can put in an insurance claim.

    If you no where then call the RACQ if you are a member and ask about getting some help with a car accident and see what they say.

  • MS Paint on 31/03/2024 - 18:17
    +3

    Police were at the scene but filed no official report.

    Were they called to the scene or just driving by and stopped to make sure no one was injured?

    Also, get your kid to read and bookmark this page

    • notauser on 31/03/2024 - 20:37

      Just driving by, I told her to call but then they arrived
      I should add they breath tested everyone and took info so there should be a report of some kind

      Also thanks for the great link

      • Malik Nasser on 31/03/2024 - 21:20
        +2

        In NSW we are given this flyer
        I would suggest printing it out and keeping it in the glovebox.
        It gives you step by step instructions depending on the type of accident, and also room at the bottom for the type of information that needs to be exchanged in the event of an accident (minimum legal requirement).

        • notauser on 01/04/2024 - 19:48

          Thank you very helpful

  • JIMB0 on 31/03/2024 - 19:33
    +9

    The other driver is bound to post here sooner or later asking for advice about his uninsured accident.

  • 87percent on 31/03/2024 - 19:39
    +1

    No insurance, and is on probation.. does not sound like you’re going to have a happy ending

    • MS Paint on 31/03/2024 - 19:42
      +4

      There was no mention of a massage in the OP so I'm guessing you're right.

  • Dollar General on 31/03/2024 - 21:03

    On probationary period ie p plates or on probation from prison?

    • kerfuffle on 31/03/2024 - 21:07

      Going to guess the latter as the OP doesn't refer to their kid as being on probation

      • lgacb08 on 31/03/2024 - 23:06
        -1

        that's a very wild assumption, how do you know if a person in on probation, more likely of a case of typo when OP doesn't have very well understanding of words he use.

      • notauser on 01/04/2024 - 19:49

        Yeh correct assumption

  • Dollar General on 31/03/2024 - 21:06
    +1

    Get your kid to go to the police station with all the details they currently have and ask police to provide drivers address

  • SnoozeAndLose on 31/03/2024 - 21:15
    +1

    Please go to the police station with your kid and explain the situation, if you have the other car's registration as well as the drive by police, things will get more easier.

    told them that the other party is not providing the required information, you should get the police report number, then you can use the police report number and provide to your insurance.

  • Wiadro on 31/03/2024 - 21:29
    -1

    ohhh nooooooooooo

  • shoppe on 31/03/2024 - 22:56

    He should have given you his name and address, but you cannot force him to tell you if he is insured. Your insurance won't payout unless he cooperates, and confirms weather or not he is insured.

    • MS Paint on 31/03/2024 - 23:29
      +8

      Why does he need to confirm the weather conditions?

      • shoppe on 31/03/2024 - 23:48
        +2

        Whether the weather played a roll in the crash is not important, unless the at fault driver confirms whether they are insured.

        • shoppe on 02/04/2024 - 09:38

          …*role…

        • kiitos on 12/04/2024 - 13:37

          They may also have been driving in the countryside, and hit a wether.

  • ozbargainoid on 01/04/2024 - 07:54

    If you know the other party registration number, go to Transport Queenland office, and for a fee they can provide you with the owners address.

  • Capulus deus on 01/04/2024 - 10:00
    +7

    Hello mate
    As a ex copper you can file a traffic crash report by attending a police station and or via qps reporting online and filling out the form. The number you need will be like qp24…… Give that to racq, police will investigate and look to establish fault. It can take a month or more to investigate and finalise. Also as per another comment you can go to tmr and ask for the details for a fee. Hope it helps

    • notauser on 01/04/2024 - 19:49

      Thanks will do

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