Minor Accident - Other Vehicle at Fault Wanting to Bypass Insurance, Any Red Flags?

Hi all, once again after the sage advice of the Ozbargain clan.

I was involved in a minor accident this morning at the hospital car park where I was not at fault (at least I believe). Was 90 degree reversing into a space as the ute in space beside me was reversing out. Tried to beep my horn for the ute to stop but no luck. Have sustained a dent and scrape to my front right fender and minor chip to edge of driver side door.

Driver was not the owner of the vehicle and on an international license. The owner of the vehicle came down (was a patient at the hospital), he didnt have his license on him but I have his phone number (confirmed, sent me a message which I received) and his license plate. The owner of the ute offered to circumvent insurance companies as his excess is 2k and said he has mates who are panel beaters that can fix up the damage.

I've never been in any accidents so don't have much experience in this but is this usual practice? Anything I should be weary of, or any red flags I should be on the lookout for? Am I better off just going through insurance?
I'd be more than happy to take him up on his offer to make his life easier so long as I dont get gypped.

FWIW, I searched the utes rego and the details of the vehicle lines up but says rego was suspended since March 2024. Not sure if this in and of itself is of any concern?

Thanks in advance for any replies.

Comments

  • +101

    said he has mates who are panel beaters that can fix up the damage.

    Go and get a quote done wherever you want. You DON'T have to use their repairer.

    Send the at fault party a letter of demand and set a time limit on it. If they ghost or fail to make payment by the set date, just hand it over to your insurance company. (You will need a name and address of the at fault driver and name and address of the owner of the vehicle, not just a "phone number")

    Involving your insurance company does not automatically invoke theirs. They will still have the option to not use their insurance and just pay your insurance company out of their own pocket.

    If the vehicle was unregistered, this is why they want to deal with it outside of insurance… That's fine, so long as you are made whole, but I would be making a police report or at least ringing your local station and asking them if it needs to be reported that the vehicle was unregistered.

    Long story short… International driver's license, shifty "use my guy", asking to not use insurance and unregistered vehicle… It's red flags all the way down… just go direct to your insurance company and let them deal with it.

    • +29

      Involving your insurance company does not automatically invoke theirs. They will still have the option to not use their insurance and just pay your insurance company out of their own pocket.

      +1

      • +13

        Well (profanity) me I guess, I will only ever drive forward from now on.

        • +12

          It makes parking a challenge, but every spot is a pull-through if you can push the opposite car out of the way.

          • +6

            @Minimum chips: Which would in effect make them reverse, making them at fault. Thanks!

      • +1

        This is when a camera would be helpful. If you become stationary and the movement of the other car initiates the contact then the fault is obviously theirs. Without evidence, it's his word against yours.

      • +2

        Everyone has missed the obvious!

        -1

        you missed this :)

    • +1

      Involving your insurance company does not automatically invoke theirs.

      This is true, but if you involve your insurance, then the accident is 'in the system', and they risk having problems if they say they haven't had an accident in the next few years.

      It's red flags all the way down… just go direct to your insurance company and let them deal with it.

      Even with no red flags, I'd use my insurance. Perhaps if it was a simple dent that can be fixed without needing paint etc. I would consider it, but anything remotely major … well that's why I pay for insurance!

    • You will need a name and address of the at fault driver

      This and the rego of the other car. That all I needed when I made a claim.

    • Saving this comment.

    • +1

      Use your own repairer or insurance. Nothing else. Good luck

    • +1

      This.

      Don't get involved in their bullshit. Just do the right thing.

  • +34

    says rego was suspended since March 2024.

    If their ute isn't currently registered then they definitely don't have insurance.

    What car do you drive op? If it's worth more than $10k then get it repaired repaired properly with a warranty for the repairs.

    • +2

      Just a humble 2014 mazda3. Not a flash car but still over 10k i suspect!

      • +1

        The whole thing is a big red flag to be honest. If you've got insurance and their details just use it.

        The guys will 100% try to scam you either with a shoddy repair, or they'll go silent on you

  • +55

    any red flags

    .

    Driver was not the owner of the vehicle and on an international license. The owner of the vehicle came down (was a patient at the hospital), he didnt have his license on him but I have his phone number (confirmed, sent me a message which I received) and his license plate. The owner of the ute offered to circumvent insurance companies as his excess is 2k and said he has mates who are panel beaters that can fix up the damage.

    bro dont

    if you have insurance, USE IT.

  • +32

    Red flag: an at fault driver telling me they have a mate who is a panel beater and they don’t want to go through insurance

    I would, at the very least, inform my insurance company of what happened in case you have a runner. Personally I’d go through my insurance company so I don’t have to deal with the other party

  • +16

    Go through insurance, you don’t have to deal with the other party let your insurance do it

  • +6

    DO you have your own comprehensive insurance? a sensible person would surely full comp insure a 2014 Mazda 3 worth >10k so just ignore them go through your insurance

  • +45

    Driving on an international licence in a car with a suspended rego? They're going to screw you over. Go make a claim with your insurance company (assuming you have comprehensive insurance).

    • good advice

    • +2

      Driving on an international licence in a car with a suspended rego - you have a lot of leverage over them as well - as long as they dont look like members of an organized crime group.

      • leveraged how?

        • +1

          Driver is likely on a student or visitor visa and wouldn't want to be caught causing an accident while driving unregistered/ uninsured.

  • +45

    No independent witness to it being other driver's fault, so they can walk away from the agreement you think you've got at any time.

    Occurred in a hospital parking lot.

    Other driver on international licence.

    Other vehicle without current registration and therefore insurance.

    Their proposal that your car get fixed by a mate, so they'll be the customer and will want it done cheap and you won't get the normal warranty for the job done.

    There's so many red flags on this one that it looks like the visit of a Chinese Premier.

    • +5

      Hahaha love it!

    • +9

      that it looks like the visit of a Chinese Premier.

      lmao this is perfect. i need to throw that into casual conversation more.

  • +8

    Thanks for all the advice guys! Confirmed have comprehensive coverage and sounds like this is the way to go.

    Is there any concern that I dont have his drivers licence and only his rego plate? Will the insurance company still be able to track him down?

    • +5

      You need the ute owner's address and contact number.

    • Will the insurance company still be able to track him down?

      Well the insurance company can and does work with police and related authorities. Might be ok
      Get on the phone and at least ask your insurance for more details? AFAIK no one here lately has identified as working for an insurance mob so you are best to do the legwork asap.

      • Providing you reported the incident to police otherwise none of their business. Just a Civil case at that point.

    • +3

      If the guy refuses to give you his address, you can ask the police to contact him to get him to provide that.

      & you'll need the driver's details too

      • isnt it too late if OP already left the scene and made this post?

        • +1

          Cops can still reach out to the registered owner if you can provide them with the rego. (Just like they could at a hit & run.)

    • Is there any concern that I dont have his drivers licence and only his rego plate? Will the insurance company still be able to track him down?

      not ideal, yes - do you have their name and contact details? did you take any photos?

    • +4

      Will the insurance company still be able to track him down?

      I filed a police report for a car accident a few years back (driver left the scene without sharing their details) and they were able to get the other driver's details when I gave them their rego. Then I just passed those details onto my insurance.

    • That might be difficult. Possibly worth going to police especially if you found their rego is suspended and then at least you can provide a case number to insurance and the cops can issue some good fines

  • +13

    Was 90 degree reversing into a space as the ute in space beside me was reversing out. Tried to beep my horn for the ute to stop but no luck. Have sustained a dent and scrape to my front right fender and minor chip to edge of driver side door.

    Both reversing - they could easily argue that it's your fault too. I'd definitely go through insurance and let them deal with it.

    • +5

      100% this. If you were both reversing then the insurance company will immediately tell you you're both equally at fault. It will become a "knock for knock" claim where you each pay for your own repairs. You'll have to pay your excess and could lose your No Claims discount, depending on your policy. Don't ask me how I know.

      • +5

        How do you know?

      • +3

        Had the same experience years ago. As soon as your insurance company hears you were both reversing, they will find you are both at fault.

        Now if you happened to have stopped completely (having seen him coming) prior to him reversing into you, that would likely be a different story.

        • +4

          Well I was in the process of reversing, saw him backing out so stopped and sounded my horn. Would that make a difference?

          If so ill be sure to make that clear in my claim

          • +9

            @jimbob33: I would definitely make that clear in your claim.

            • +5

              @djkelly69: Cheers, have dashcam that is only front facing but will go through the footage and hopefully itll still be obvious. Thanks @mrkorrupt for the prompt.

              • +11

                @jimbob33: Dashcam should at least show that you were stationary before being hit, so you should be fine.

              • +5

                @jimbob33: I have been in this same situation. Was in a grocery store parking lot reversing out of my spot. About 3/4 of the way out, a pick up truck started reversing out across from my car. I stopped and honked to alert them I was there. In this time someone with a cart had taken my spot to load their car. The truck kept coming. Laid on the horn until they hit me.

                When I talked to the insurer, they said generally accidents that happen in a parking lot are considered 50/50 fault but given I had stopped and honked to alert them I was there, it ended up being deemed their fault 100%. No dashcam at the time so fortunately the person didn't refute my story. I think dashcam footage showing you had stopped and honked to alert them would hopefully be enough to demonstrate you are not at fault.

          • +6

            @jimbob33: Only state you were stationary. Don't mention anything about you reversing.

      • Not if you are stopped

    • The fact that's their car is unregistered would make that moot, no? Considering it's not actually supposed to be on the road at all.

      Just a thought experiment, if I crash into an unregistered car parked on the side of the road in a situation that was blatantly my fault, am I still liable? Technically by law, the car cannot be parked there and would be impounded if noticed by the authorities.

      • +4

        Just a thought experiment, if I crash into an unregistered car parked on the side of the road in a situation that was blatantly my fault, am I still liable? Technically by law, the car cannot be parked there and would be impounded if noticed by the authorities.

        Yes. That's like saying you're not liable for running the pedestrian over who was jaywalking.

      • +5

        The fact that's their car is unregistered would make that moot, no?

        Without registration, their vehicle will be uninsured and the driver could be charged with driving an unregistered vehicle. But that has nothing to do with who's at-fault in a collision. If you're at-fault, you're still liable. This is from my previous experience as a claims assessor.

        • Hopefully not with AAMI. Worst company I've dealt with. I took them to AFCA and won nicely.

        • Who did you work for that would deny a claim because a car was unregistered? In my experience working in insurance claims whilst at uni, just because a car is unregistered doesn't mean it's not insured.

      • +2

        if I crash into an unregistered car parked on the side of the road in a situation that was blatantly my fault, am I still liable?

        Yes, of course you're liable. You can't just damage other people's property and get away with it (registered or not).

    • they could easily argue that it's your fault too

      Yeah they could, but given they have an international license, and they were driving a car with expired rego, they wouldn't get very far.

      • they wouldn't get very far.

        The things you've mentioned are separate to each other..

  • +3

    Any Red Flags?

    Yes….

    Go through your insurance.

    That is what you pay them them for…

  • +4

    I searched the utes rego and the details of the vehicle lines up but says rego was suspended since March 2024

    Rego expired means their insurance is very likely void.

    I would lodge an insurance claim, pass on the owners and drivers details to your insurer, and forget about it while your car gets repaired. Far too much about that just seems like they're going to give you the run around. Not to mention getting the work done via the insurer means it generally has some sort of warranty attached whereas their mates won't offer you anything in the event the work isn't up to standard.

    • +2

      there is no "very likely" about it. no rego, no insurance.

  • +3

    JFC yes go through insurance asap

  • +2

    I'd avoid the "mate" but if they want to do cash then go get quotes, otherwise insurance.

  • +4

    A while back I got hit by someone, did the whole insurance thing through my and their insurance, took months to get my car fixed, was then without a car for 3 weeks while they fixed it (had a hire car but it was a tiny Kia Picanto so inconvenient for me and the family). Wasted a lot of time with phone calls, chasing up, getting quotes etc etc etc.

    Second time I got hit by a tradie. He seemed like a good bloke and offered to get his mate to fix it. After all the stuffing around last time I took a chance. A week later my car was fixed (and I was only without it for 2 days) and the guy did a great job

    Just sayin'……

    • Honestly, this.

      My kid has been driving a rental car provided by the other party's insurer for the last 5 weeks whilst the car is waiting to be repaired at the panel beater.

      If your car has just a dent and a scrape then get his people to fix it sooner than later and off you go.

      You won't be waiting months to get the car repaired.

      Also, even though (if you did make a claim) it was a no fault accident/claim, when you renew your insurance (with a new quote as renewals are always more expensive), it will ask "have you made an insurance claim in the last 5 years?" And you will have to say yes as if you dont declare the claim they may decline any future claims by nulling your insurance policy as tou did not accurately and honestly declare your claims history.

      And as you have declared a claim then your premium will be slightly higher.

      A small scrape and dint is cosmetic and can be eaily cleaned up/repaired. Its not a suspension issue, it's not a structural issue, etc.

      • +1

        FWIW, I had a no fault incident recently where I made a claim on my own insurance (only claim in my history). No excess charged.

        No insurer has tried to charge me more in premiums when I was running quotes for the two different scenarios (1 not at fault claim vs 0 claims)

        • I just renewed the insurance on the waiting to be repaired car and did one quote with no claim, and another with the claim, and there was an increase of $30 or so. Not major.

          • @altomic: did you indicate that you weren't at fault in a multiple-party claim, as those generally won't affect your premium?

    • Second time I got hit by a tradie. He seemed like a good bloke and offered to get his mate to fix it. After all the stuffing around last time I took a chance. A week later my car was fixed (and I was only without it for 2 days) and the guy did a great job

      yo that did not end the way i thought i expected.
      nice to see u got a happy ending , and the car fixed.

      • +9

        nice to see u got a happy ending

        That part must have been removed by the mods as inappropriate. Dang! I always miss the good stuff.

  • +5

    Few years ago, had my rear passenger door swiped by a lady who wasn't paying attention changing lanes late at night. She did not want to use insurance due to high excess, and asked if I could send her the bill for a panel beater instead. I looked around to find one with good reviews and not crazy prices, and she happily transferred me the cost to fix. Was all done in a week.

    Of course, I had a photo of her license, rego and scatches on her car + mine to prove the at fault damage if I needed pursue via insurance. But she seemed genuine enough for me to give her the benefit of doubt, and it worked out in this instance.

    YMMV though.

    • +2

      and she happily transferred me the cost to fix.

      Unfortunately, not everyone is that straightforward and honest.

      • Yes, I probably would not go that route again as there are so many ways it could go wrong. But it worked out then, and I had a back-up to pursue repairs via insurance if she had gone awol.

      • Particularly around Tarneit and Truganina.

    • Wish I could upvote your comment more than once because it's good to hear this kind of thing. I think it's super important especially in this day and age with everything getting shittier and shittier to pay it forward, spread kindness and show some sympathy like you did. Sometimes it's good to give people the benefit of the doubt because there still are honest people out there who genuinely mess up every once in a while and actually feel bad about it. Sadly no-one else being the OP it's quite hard to judge whether these people are actually honest or not.

      It's easy to say "If the car isn't registered and if the driver has an international licence and if the owner is mentioning his panel beater mate then he's 100% dodgy, guaranteed" because that protects oneself by assuming they'll be screwed over in this situation. If some people have stuffed up they'll naturally try and bargain with another person or try to come to a compromise on the situation (i.e. panel beater friend) which at least shows they want to do right by the other person instead of being completely remorseless. Imagine if the owner came out and his driver told him "It was the OP's fault 100%" and the owner backed the driver without listening to the OP at all, that 100% would signal that they aren't honest and have no remorse and going through insurance would be the default decision because of that behaviour.

      COL has gone up heaps so I'm not surprised the car isn't registered. 1/3 of Australians are now born overseas and immigration is through the roof so I'm not surprised an immigrant was driving the car. Mentioning his panel-beating mate may have been a sign of desperation to fix things without going through the insurance system, probably because he doesn't want his premium to increase (again, related to COL).

      • +3

        COL has gone up heaps so I'm not surprised the car isn't registered.

        If you can't afford to keep the car registered, then you can't afford to drive. Plenty of cars out there with cheaper registration costs than a ute. The fines for driving an unregistered and (by extension), an uninsured vehicle far outweigh the costs of registration.

        • In an ideal world sure. My point was that COL is up and since there are dishonest people around, they'll likely resort to driving the car unregistered instead of being an honest citizen and paying their rego. I don't think that's far fetched to say. It's not even reliant on COL, if you look it up the number of unregistered cars on the road in the past 10 years has never been 0.

      • +2

        Unregistered car and international licence are two red flag, instant no for me.
        Bet the offender tried to register and insure the car immediately after the incident… how many times has someone been rear ended by an 'international student' from the sub continent who asked you not to process the claim today, say it happened tomorrow so that they can claim insurance.
        And then you wonder why your policy costs on insurance goes up with morally bereft people like that.
        Don't even get me started on the people that spend $100k modifying a car, blow the engine, realise they are $100k in debt for a car which, if running, is only worth $40k, so the car somehow gets 'stolen' and the car is parted out.

        High trust society, indeed. Not that you'd want to bother buying or selling a car from these same people, what a headache

        • Yeah that's fair enough. Would you be more understanding if the international "student" (aka person using education as a pathway to citizenship) was from a different country? I don't think every international student is dishonest but I guess I still have too much faith in other people.

          • +1

            @Ghost47: What Westerners need to understand is that culture isn't just skin deep. It's ironic that many extol the virtues of multiculturalism, yet expect their multi coloured friends to act JUST like them, except with a different version of Christmas once or twice a year.

            Different cultures are just that - different. The approaches to honesty, trust, fraud, fairness, theft for example will differ.

            Statistically, the likelihood that an international student from the sub continent will feel obliged to "make right" on their at fault incident is MUCH lower than the statistical probability of an old Aussie lady.

            That said, anyone rolling around with an unregistered vehicle is being VERY negligent.

            With modern cars, you'd also be surprised how much damage a low speed hit can do - these cars are designed to crumple, and aren't ladder rail chassis. Additionally - parts supply has been crap and cost to fix can be huge as parts are no longer universal or modular, compared to 10-20 years ago

            • @gfjh567gh3: Good points. I do think it’s sad that some people expect others to assimilate completely when they come here. I’m sure some people who are insecure about themselves and their home country would happily do so but individuals shouldn’t be shunned if they choose not to.

              With modern cars, you'd also be surprised how much damage a low speed hit can do - these cars are designed to crumple, and aren't ladder rail chassis. Additionally - parts supply has been crap and cost to fix can be huge as parts are no longer universal or modular, compared to 10-20 years ago

              Wouldn’t safety be more about cars being roadworthy rather than registered?

    • Of course, I had a photo of her license, rego and scatches on her car + mine to prove the at fault damage if I needed pursue via insurance. But she seemed genuine enough for me to give her the benefit of doubt, and it worked out in this instance.

      +1 though insurance repairs generally have lifetime guarantees

    • +6

      I got rear ended by someone a few years ago, they wanted to settle outside of insurance. I wasted my time getting a good quote for them and they completely ignored me. I ended up going through insurance, I wouldn't trust someone in this circumstance again

  • +2

    Holy Nelly … are we still having this conversation???

    Just put it through your insurance and have them chase up old mate for payment. He doesn't have to put it through his insurance … can just pay the amount your insurance tells him to pay.

    Don't get sucked into this off record palaver.

  • +2

    ADACAIQ

    • +2

      Insurance makes sense. Cheers

  • +2

    Good god if you have comprehensive insurance go through your insurance, by doing so :
    - You ensure the repairs are done right, and if not done right, you can go back to the insurer and get it sorted. If you go through his mate, you do not have this assurance.
    - The other party still has the option of not involving his insurance.

    • +1

      The other party was driving an 'unregistered' car so has no insurance.

      • +1

        Expiry of the other party's registration means they're uninsured for CTP only, ie personal injury, which isn't relevant here. It does not mean they are uninsured for damage they cause to another driver's vehicle. That coverage would come from their separate insurance policy, with either comprehensive or third party cover. It is not automatically void just because the insured driver has neglected to maintain their registration.

        • It is not automatically void just because the insured driver has neglected to maintain their registration.

          Source?

          Otherwise I'm calling BS.

          • +1

            @Muzeeb: Call as you wish Muzeeb. Section 54 Insurance Contracts Act 1984. Requires that to deny the claim the insurer has to demonstrate that the act of the insured party (ie not paying rego) caused or contributed to the loss.

            • +4

              @Browsers: WTF are you banging on about? Let's keep it simple. Every PDS I have ever read for car insurance says the policy will be void if the vehicle is unregistered.

              • @Muzeeb: I'd be happy to stand corrected with a list of those PD Statements and their exclusions.

              • @Muzeeb: Same. All the policies ive read say the car must be registered and roadworthy. Although, if you 'forgot to pay' you may be able claim that not being registered did not contribute to the incident.

                • @Euphemistic: If it adds to your motivation to keep your registration current, it won't do you any harm to continue with that misapprehension. Yes, the vehicle must be roadworthy and that is a valid reason for the insurer to deny a claim as it increases the risk to them. But the registration status of the vehicle has no effect on the risk taken by the insurer.

  • +1

    Is his mate uncle Ian?

    • BYO white ox rollies and slabs of carlton mid*

      • +1

        Ian only drinks full strength Vic mate.

  • +3

    Go through your comprehensive insurance if you have it. You've paid for it, use it… life will be easier.

    Idk who will have to pay the excess fees as you were both reversing (probably both you and him, unless you can l̶i̶e̶ prove your way saying you were stationary).

    My story:

    I had some guy pull out from his driveway into my path of travel. He came out and immediately said I was speeding etc. He then wanted to NOT go through insurance and do a cashies few hundred bucks and go away thing.

    I got his full name and address…fast foward alitle bit; $7000 in repairs and 8 weeks of car hire all covered. (And now more free car hire as the car is soon to be back in for more repairs to the aircon system)

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