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

  • are you going to buy a dashcam now?

    • Have one but for the front only, can prob capture that I was stationery when the car was hit going by the sound of the collision only. But didnt actually capture the crash itself

      • +12

        can prob capture that I was stationery

        Insurance doesn't care if you identify as a pencil

        • +5

          Dammit, I was wondering when i was typing whether it was "stationary" or "stationery".
          Was a 50-50 shot.

          • +8

            @jimbob33: How I remember: "er" as in paper, "ar" as in car. (yes I'm aware cars are not always stationary)

  • +7

    Give them one opportunity to pay an amount quoted by your choice of repairer. You never know, they may cough up. If they hesitate, go straight to your insurer.

    My recent experience was my car was hit while parked. Bumper damage only. The other driver waited for me to return and offered to pay out of insurance. All good. Insent him a quote for around $1500. He wanted to arrange his repairer, a touch up service for $550, based on a couple of photos id sent him. I wasnt satisfisd the repair would be to standard. When i contacted his repairer with some more photos the repairer said he couldnt gurantee id be happy. I sent a bumper replacemet quote to the other driver, he rejected the amount and got stroppy so i went straight to my insurance. Got the repair sorted and no more drama.

    • +2

      Those mobile touch up services are crap. They spray the car out in the open so it's guaranteed you'll have dirt and dust embedded into the paint.

      Great for a quick touch up before selling a car, but no way I'd accept it for a not at-fault repair!

      • +2

        I might have gone with the touch up option, but the bumper had cracked around one mount. There was a star crack in the paint where it had pushed the mount through from behind. Plus the car was only 18mths old.

        Ended up getting a cash settlement and replacing with a nice solid bullbar. Id still have a stock bumper if it hadnt been damaged, but the reapir quote covered more than half the cost of the bullbar.

      • Great for a quick touch up before selling a car

        Not a good idea to mix business and pleasure.

    • There is no point is stuffing around, wasting your own time, and trusting some stranger not to try and rip you off.

      Just go straight to your insurance, job done.

      • +1

        If they dont want to go through insurance, the repair is minor in nature giving them one chance to sort it out without the extra insurance costs seems reasonable to me. More claims equals more premiums for everyone. If you go 'cash job it can also be cheaper, but it has to be on your terms, not the other party's

        • without the extra insurance costs

          What extra insurance costs?

          • @trapper: Panel beaters are well known to max out all charges on insurance jobs and charge less for cash. Same end result for the repair.

            I paid cash for a repair recently. Was about 20% less than the initial quote because it wasnt charged through insurance. Wasnt worth an insurance claim because it was minor damage and close to our excess.

  • +4

    Go through your insurance ASAP!
    They sound sketchy as hell. Not registered vehicle is the biggest red flag there can be. This shouldn't even be a question.

  • +1

    Please let your insurance handle it, that's what you paid your insurance for, in particularly you are not at fault. Not worth your time and effort.

  • Had he driven in front first like a normal person, we wouldn't be in this predicament! /s

    • +2

      If you drive in front first there is more chance of hitting something when reversing out when leaving. There's a reason mine sites won't let anyone park nose in.

      • I'm not a minor (or a miner for that matter) but I'm guessing that reason is to do with evacuation safety.

        • +1

          It may have a small part, but it has been demonstrated that you have a better view before you reverse in as you are inspecting the surrounds before reversing in. Then, when you drive out, you also have a better view of the surroundings.

  • +3

    Previously working in insurance excess of 10 years ago ( so my memory is dusty) , it appears both parties was at fault. I would take the deal if i was you or ask for cash, as insurance may make you pay an excess regardless if the other party admit fault or not.

  • As others have already commented absolutely go through your insurance, so many Red Flags on this one it is not worth the risk. noting the following.
    * You using your insurance doesn't mean they have to go through insurance but this gives you things like legal protection, warranty for the work etc and no reliance on trusting them to do the right thing by you.
    * Them having no rego means they have no insurance so them claiming it would be $2k excess is BS, they just are looking for cheapest way out.
    * If things go wrong it is the Insurance companies problem rather than yours if you go through insurance and whats more with no rego and international license they obviously aren't concerned to much with skirting the rules so why should their dealings with you be any different.

  • If other car is indeed unregistered…therefore does not have comprehensive or third party property insurance anyway (their insurance would reject any claim).

    So you're dealing with an uninsured situation.

    • -2

      Nope! Try again.

    • OP goes through his own insurance. It doesn't matter at all about the other drivers insurance situation.

      • pretty sure that is what the OP meant. i.e. the other party has zero insurance so the excess etc for other party is irrelevant and you are dealing with an uninsured person, which is not your problem if you are going through your insurance.

        • +1

          Since OP confirmed they have Comprehensive cover, claiming through their own insurance is definitely going to be the easiest way to get to a satisfactory outcome, and OP doesn't have to deal with anything else from there. OP's insurer is then subrogated the right to recover their loss from the at fault party, who will then seek to apply their own insurance. That cover won't be automatically voided by the expiry of the vehicle registration.
          If OP only had third party cover for their own policy, they would still be able to sue the at fault party, and in some states would be able to join that party's insurer to legal proceedings if the at fault party is insolvent or unwilling to claim through their own insurer.
          In practice the insurers will negotiate their way to a fast outcome that is convenient for them but not reflective of actual fault between the drivers.

  • Insurance…always.
    I don't even read your post but I'm blindly going to say insurance as there is never a situation where paying them cash or vice versa doesn't warrant red flags or risk

  • Go through your insurance.

  • Unregistered other car, and you're seriously considering NOT using your insurance?
    This is exactly why you have insurance!

    BUT…. you will be found equally at fault and have to pay excess. Definitely.
    You were moving at the time of impact trying to park in a car parking spot. Forwards or backwards makes no difference, you've contributed so you'll pay.

    If he's prepared to pay you cash for it, and that exceeds any quote you've received with your repairer (don't rely on his mates!)… then go for it.
    But I'd be very wary of using "his mate".

    Get your own quote and see if he's prepared to pay up. If not, go through your insurer.

    • +1

      Was actually stationary at time of impact after noticing the other driving reversing and tried to honk him to stop. Have the dashcam footage to prove this as well

    • Nah this is not true. Been in similar situation and was moving but insurance still deemed other party at fault and since I had their details I didn't have to pay anything

      And yes it was in a carpark

  • +3

    I would be ready to pay excess out of pocket if I were you. Carpark collisions are almost always 50/50 fix ya own, and the insurance company won't wave the excess if they can't identify the other party. Ute was registered in March? So do you even know if they were he owner or they bought it off someone with plates and didn't transfer rego.

    Hopefully you update in a few weeks but my money is you'll be out of pocket the excess and get an at fault claim against your history for this

  • 'Fender', now there's a word you don't hear/read very often in Australia.

    • +1

      What about telecaster?

      • Stratocaster?

  • Believe everything they say to the point they are going to give you a big hug once they fixed your car with open arms.

    I am sure there is a reason for EVERYTHING THEY EXPLAINED!

    Also on the other side of the world: News repoarts of Pigs started to fly

  • Contact your insurance. You won't pay anything if not at fault.

  • +3

    Red flags everywhere for this one. If i were you i'd report it to the police so that there is nothing on record. In NSW you don't need to call 000 for something like this, i believe you only need to report it to the nearest police station or on the police assistance line (131 444). Following that let your insurance know.

    Also, just a side note, i wouldn't trust this guy's panel beater. If the panel beater is a mate of theirs, they will likely do what's in the best interest of them, i.e. might go the most cost effective route rather than the best quality route. Find your own reliable panel beater, let the owner know, and tell them you will be sending them the bill.

    • sorry, couldn't edit this. i meant to report to police so that there is something on record. I typed the above pre-coffee

  • You buy insurance to use it. You don't know old mate, he isn't your mate, protect yourself and your car

    Better yet if he's unlicensed you can report that to the popo

    Unregistered car for bonus points

  • I had a similar accident in a car park once but when i discussed with my insurance provider i was told it was 50/50 and that both parties would end up paying an excess. Before making any decisions i would discuss with your provider and see how confident they are that the other driver is at fault and you wont end up out of pocket. In the end both i and the other driver decided our damage was not worth paying an excess to fix.

  • Let your insurance know the incident asap!

  • Straight to insurance - always. Unless they buy your car out in cash right away.

    You have nothing to gain and everything to lose.

  • I’ve previously hit someone else’s car, and I didn’t want to pay my own insurance excess as I didn’t feel it was necessary to repair my own car.

    So the other party contacted their own insurance and their insurance gave me the bill to pay for the repairs. I figured if the price of the repair was less than my excess it would be worth it. If it was similar I would’ve subsequently gone through my insurance to get my car fixed too.

  • Dunno if we're still using "gypped" in 2024, I think it might be a bit uncool.

    • Hahaha im def uncool!! And old.

  • I can't make heads or tails of this story without a MS Paint diagram…..

  • -5

    Was 90 degree reversing into a space

    Karma for inconveniencing others and making everyone wait while you park

  • Always let your insurer handle it.

    Risks are many otherwise. From unwarranted repairs (as opposed to lifetime warranty) to being sued for other damage.

  • Unless the damage is very small and you know (not think) the cost will be well below insurance excess then it's fine to privately handle the matter.

    Otherwise, go the insurance route every time. If someone demands to avoid insurance then ask yourself why. They're very likely hiding something from insurers or police. If they were unregistered at the time of the accident then it's their problem, not yours.

    • Even if it's under excess the insurer can handle the recovery and if you're not at fault, there is no excess.

  • +1

    Police report, then lodge a claim with your insurer pronto. You should be able to do both online quickly.

  • -1

    Dealing with an accident in a hospital car park can be frustrating. The owner of the ute has offered to handle repairs privately, bypassing insurance. While this can save time and hassle, consider a few important factors. Assess the damage carefully; if it's minor and the owner seems trustworthy, their offer may be convenient. However, be cautious about the ute's registration suspension since March 2024, as it could indicate underlying issues. Document everything thoroughly—damage photos, contact details, and agreements in writing. If uncertain, seek legal advice for clarity on your rights and the best course of action.

    • +3

      Thanks chatgpt

  • +2

    Not sure why everyone is so uppity about going through insurance. Chances are you will be both deemed at fault as both reversed onto each other. Doesn’t sound like you got their address either so that will be difficult to claim under your insurance without the other drivers details. If the rego is cancelled it’s likely they don’t have insurance either so they might be hesitant to hand over details.

    In my past experience with these minor fender benders I’ve sorted them out amicably with the other party without insurance. So it’s always worth a shot. Just don’t get strung along

    • Doesn’t sound like you got their address either so that will be difficult to claim under your insurance without the other drivers details.

      You don't need anyone's address or name to make a claim and be successful. If someone does a hit and run, and you got their rego, that will suffice. Better yet with a police report. If your car is stolen, and you don't know who did it, you think they won't pay out either?

      This is from my own experience when a garbage truck hit me and didn't stop and I had a note left on my car from a witness who wrote their rego.

  • +1

    Hi all, just an update for the benefit of others who may find themselves in a similar situation in the future.

    Finally heard back from the insurance company today, deemed not at fault and excess waived.

    Tried filing a police report, but was told cannot file one if not hit and run, or if noone was injured. (In VIC fwiw).

    Never got around to uploading the dashcam footage as website was not user friendly for uploading videos. But I made it very clear in my report that I was stationary when I was hit.

    I was told last week by the insurance company that the owner of the vehicle was not willing to disclose the driver's details and would try again later in the week before going to the police. I then messaged the owner to let him know that, and if police are involved then itll prob get out that his ute has been on the road while unregistered. I hadn't put this in my report as my intention was not trying to get him in trouble, just wanted my fair shake.

    Just wanted thank everyone for their advice and input!

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