Hey guys first off, I know this isn't legal advice etc.. but just wondering if anyone can lead me to the right direction.
My mother got into a car accident last August, she lightly crashed/scratched into the back of someone bumper, nothing serious, everyone is fine. I can't find the accident photos of the other car….
Scenario: Mother was waiting to turn right at an intersection, giving way to oncoming traffic. She misread her distance and slightly bumped and scratched the incoming car's back bumper.
Here is the photo of my mother's driver side, as you can see it's a very light scratch, not even cracked and no dents. The bumper is still in-tact, nothing to cry over.
Pic 1
Pic 2
Pic 3
Both parties exchanged details, mother put in a claim a few days later with her insurance, car is insured under third party, some gentleman called my mother from the other driver's insurance, she gave the claim number. No communication from anyone since then.
Today she got a letter in the mail from the plaintiff, 'statement of claim', from court: 'local court of NSW' and wishing to claim $28k worth of items. For example, the defendant claims they needed to hire a car for $450 a day for 48 days.
She forgot all about the accident assuming it's all taken care of until she got the letter today, told her to call insurance ASAP and get an update.
To me it was a simple insurance claim, typical scenario of person A hit person b, no one injured. My mother can't find the pictures of her car but the scratches on her back bumper did NOT dent, crack or even displace the bumper, it was light scratches as well, most likely needed to be scuffed out and repainted…..
Few notes:
- The other driver only sent their DL photo to my mother
- Police was not called to the scene
- The other driver drove off, no tow truck was called
- My mother said she took at least 6 pictures of the other car but I can't find them in her phone :( But she said the damage on the other car was scratches only.
My POV:
- I honestly don't understand the legal proceedings wanting to claim $28k worth of items from my mother, especially when their car had light scratches like my mother's car.
- I don't understand the defendant needed a hire car for 48 days? Especially at $450 per day, when her car was perfectly fine at the scene and she drove off.
- Speculation and assumption: Insurance would have all the details of repair and if they needed to get a hire car. But that's information for later on when my mother calls insurance to get all the details.
I would like to get other people's perspective.
Next steps: Told my mother to call insurance on an update and tell them about the letter.
Edit: Told my mother to speak with insurance and tell them about the letter, and they can deal with it.
Edit 2: it's with insurance now, they're looking into it
Yes these companies take advantage of the situation, give the not at fault party an OK time but can ruin the lives of other people at fault if they don't have insurance by charging what I would imagine is an egregious amount for hire cars to the at fault party.
Basically what happens in these situations:
If you're at fault/clear person at fault, Right 2 Drive tells the not at fault driver they can get a free rental car and they will take care of the rest.
R2D gives them a hire car, and then follows up the charges with ther at fault persons insurance/or the at fault person.
They charge some ridiculous rate it seems multitudes more than what it would normally cost for a hire car.
Whenever there is an accident though, all legal documents are required to be forwarded to the at fault party (if insurance company details are unavailable) and then all you need to do if you have comprehensive is just forward the document to your insurance. It's purely a formality as your insurance company represents you, but they aren't the entity that was in the accident so the mail needs to be served on the person driving. This can be quite stressful for some people.
The situation is worse if the person doesn't have insurance and they end up getting served with a huge rental car bill.
Or what I would imagine sometimes what would happen is the customer who hires R2D ends up being dragged through court if the other party challenges the bill/accident and then they need to go to court to serve as a witness.
It is a terrible business practice IMO and lucky our legal system isn't worse like in america.
Normally the insurance companies will either litigate against R2D or settle out of court.
There appear to be a few of these companies popping up now and I don't know how they can get such a high rating on productreview - you know something is fishy when that happens. I guess the people getting sued by R2D without insurance are probably few and don't know better but to post a negative experience online or probably have been served with legal documents not to comment.