At Fault (No Insurance) Minor Damage Huge Bill - Seeking Advice

My grandfather was reversing out of a parking spot and accidentally hit another car—a 2012 Nissan Patrol. The damage to their car was minor, just a small, golf-ball-sized dent. Unfortunately, my grandfather didn’t have third-party car insurance.

Long story short, the other party filed a claim with their insurance, and now the insurer has quoted $12,500 for the repairs. My grandfather feels terrible and wants to cover the damages, but we believe the quoted amount is unreasonably high for such minor damage. For comparison, we got a quote from our panel beater for my grandfather’s car—which took a bigger hit than theirs—and it was only $1,800.

What are his options? Can he request a second quote or dispute the insurer’s assessment?

I understand that not having insurance was a mistake, but we just want to find a fair resolution.

Thank you kindly.

Comments

  • +36

    You could attempt to ask for a second quote, but in the end unfortunately your grandfather will be up for the payment. By not being appropriately insured, when something like this happens, it puts you at the mercy of the other party's insurance provider. Costs via insurers are bloody insane these days and not being properly insured is a right kick in the pants.

    • +28

      A person is not required to pay a bill that is inflated relative to the reasonably available market price for the same service. A person would be well within their rights to refuse to pay an inflated claim and offer to settle for a more reasonable amount or have the matter heard in court for a magistrate to decide, where evidence that the quote is inflated and not at the prevailing rate would be taken into account (if it indeed is so).

      • +1

        With the only quote being $12,500, what is court going to deem the market rate?
        Sounds like a great plan to spend $12,500 + court costs.

        Would be better off asking for a 2nd quote.

        • +1

          The other party isn't obligated to get a 2nd quote either, what do you think happens then, they're just on the hook for $12,500?

        • +5

          Wouldn't take 20 minutes to find a panel beater who would, with photo evidence and a statement of the damage, vouch that $12,500 is way over the top. Get two or three who are happy to help out an old man and the magistrate will take a dim view of the original claim.

          If it was Judge Judy the Patrol owner would end up paying the old man for the inconvenience!

          I reckon the quote, if it is not fair, was concocted with the knowledge it's an elderly apologetic old man with no insurance

          • @RolandWaites: The other party likely went with replacing the part given the cost. There’s no reason for them to beat the panel back into place as it wouldn’t look as perfect as a new part.

            • @just-human: A new part would look more out of place on a 13 year old car.

              • @us3rnam3tak3n: Not really, especially if the car was well maintained. We had the bumper replaced on a 15 year old car once and it fit in really well after they blended the paints.

    • +9

      OP can get 2 other quotes and then offer to pay for one of those.
      OP is not obligated to pay the highest quote

      • +1

        It is not a quote but a BILL for work already done. OP has got it wrong.

        • That’s what I was thinking. Why would the insurance company be sending you a quote?

          • @Jono05: Maybe its jist the terminology that OP is used to.

        • +2

          That makes no difference. The damaged party is obligated to minimise their loss, before seeking compensation for their actual loss from the causing party. Standard for any civil action in court - there's nothing special about a vehicle - and there's nothing special about an insurer being involved adding unnecessary extra costs.

    • They are well within their rights to request for a second quote and settle for whichever is reasonable. As someone had said previously quotes through insurance are insanely high.

      For reference a friend of mine went to a panel beater that quoted her $1000 in cash for the job, but as her insurance excess was around $800 she had also asked what would be the cost for the insurance if she had gone through that path and the fellow had mentioned the quote be aroung $5k which she has to pay and claim it from her insurance process.

      • But your friend was the one with insurance. OP's grandpa does not get a say in whether the person whose car he damaged goes through insurance or not, and that guy's insurance company has no incentive to get more than one quote because they know that it is grandpa who will be paying, not them.

    • yeah, it happened to me once but my car was fully insured with QBE. I was personally quoted by a panelist like $1200 but the one who did the job charged more than $5k to the insurance company.

    • I heard with a non preferred repairer ie when the policy dictates you need to use the insurance preferred repairer that the standard of repair is sub par as they cut corners, is there any truth to this?

      • +1

        Not really - the work is still fully guaranteed by the insurance company. Sure there's some dodgy panel beaters around but their dodginess - unlike their price - does not vary much with who is paying them.

  • +1

    What is the detailed breakdown of the quote the insurance company provided?

    • +46

      Probably a rental RAM1500 for 2 months while they fix the damage.

      OPs username checks out. Must run in the family.

      • +7

        Funny thing is that the rental is likely to be a 2014 outlander at $700 per day. Those rentals operating out of tow truck locations are an absolute scam.

        • Never take a random tow truck. Always go through your roadside assistance.

          Last time I had to go through insurance for a rental they just made me go to a regular car rental which they covered.

          • -1

            @just-human:

            Never take a random tow truck. Always go through your roadside assistance

            I did get a tow truck through my insurance. And that tow truck company were running the same insurance rental scam.

            They charged all that to the at fault party, so no harm done to me. However I only accepted their car at the time as I didn't know any better. Hopefully there's never another accident.

            • @CocaKoala: Interesting, I guess it’s not a big deal if the other insurance paid in the end but I usually like to go direct in those cases to be sure they’ll cover.

  • +5

    Do you have photographs of the damage?

    You can ask for a copy of the quote. If it is excessive or covers damage not caused by you then it can be disputed. The insurer doesn't need to supply a second quote (although they may if you dispute it).

  • +17

    Sounds as if they are writing the Patrol off.

  • +9

    Theres not a lot you can do, but… get a breakdown of the quote. Approach another repairer to check if the quote is legit. Dispute and make a counter offer. They might just be trying it on becasue you arent insured.

    Can always take it to court if they don't back down on the initial price.

    $12.5k is like half the value of the car.

    • +14

      for an old Nissan Patrol?? Sounds like its the full value.

      • +2

        They are holding their value well. Sought after in 4x4 community as they are capable and easy to modfy for off road. Youll pay at least $20k for a half decent low-ish km model. Anything cheaper than $20k is likely to have been flogged to death.

        • fair enough.

  • +4

    Lesson learnt. Shouldn't have stopped. Should've coated his number plate with vaso to increase the glare factor. /s

    In all seriousness… Dispute it. I hope he has photos of the incident. Sounds like the repair shop is trying to pull a fast one on the insurer. Request a detailed break down of the quote. Make sure it only covers damage associated with the incident and for which your grandfather admits fault.

    Check out advice from legal aid here and here. When you ask for more information do not admit or deny fault at this point.

    • -1

      do not admit or deny fault at this point.

      Sounds like grandpa has already missed that boat, if the OP is accurate>

    • +1

      But almost certainly a large chunk of the $12,500 bill is not for the repair at all, but for the rental of a replacement car while waiting for it to be fixed. The cost of these is known to be inflated for insurance jobs far more than even the actual repair cost is.

      OP's grandpa should be talking to that rental company making it clear that they are going to really struggle to get that amount of money out of him (propose payment plans of $5 a week etc). That's the only way they'll reduce that padded bill - these people are sharks.

      And of course grandpa should learn from this - if you can't afford insurance you can't afford to drive.

      • Good advice if the arrangement is that the rental company doesn't get paid until grandpa pays up. But I think the insurance company will pay the rental company and then insurance company will simply on-sell any alleged debt to debt collector agencies if they can't give grandpa a stress induced heart-attack themselves.

        • +1

          It is important to "dispute liability" to any debt an insurer alleges you owe. They can't legally then on-sell it to a debt collector without getting a judgement against you in magistrate's court.

          • @factor: If you deny it to the insurer, is it their responsibility to take it to court? And in that case if the magistrate rules in their favour do you then also have to pay their legal costs?

            • +1

              @tenpercent: Yes - unless a debt is agreed to, the party wanting money needs to take it to court (or small claims court).

              Whether or not a costs order can be made depends on the rules of the court in your state. If it is a value appropriate for small claims court, those courts generally do not allow for costs orders. If it is a magistrate's court matter, the costs orders can be quite limited (sometimes 15% of the true rate).

              At all points during the lead up to a contested hearing (a later part in the court process), there is the opportunity to settle.

              Any reasonable written offers to settle made to the other party in the lead up count against that party as far as costs go. That is - if you made an offer that the magistrate considers to be reasonable - that counts against the other party in terms of costs. The court considers that they wasted the court's time and your time by continuing an action when a reasonable offer was already on the table.

              Demonstrating you have been the reasonable party and attempted to find fair settlement is always in your favour before a court. That you have been the reasonable party wants to be clear in the documents available (ie: a verbal conversation is pretty much useless, all offers to the insurer in writing with an explanation of why it is a reasonable offer to settle … but no admission of guilt, and "without prejudice" are usually a good idea too!).

              • @factor: Sounds like this might be a good route to take for Grandpa to get himself a slight discount on his expensive lesson.

                Doesn't "without prejudice" mean you can't use the document as evidence in court (e.g. to prove you've been acting reasonably and trying to find a fair settlement)?

  • +1

    You can ask for a breakdown of the costs and photos of the damage and take it to a panel beater. They can tell you if the $12,500 cost is reasonable or if it’s worth haggling them down.

  • +2

    I'd definitely ask how they got to that number.

    Pics needed for Ozbargain purposes as well.

  • +13

    It's not just the damage. Itst ye damage plus equivalent hire car whilst it's in repair.

  • +9

    Unfortunately, my grandfather didn’t have third-party car insurance.

    I think you mean, your grandfather didn’t have insurance.

    Long story short, the other party filed a claim with their insurance, and now the insurer has quoted $12,500 for the repairs. My grandfather feels terrible and wants to cover the damages

    Well that's good, as it isn't optional if they cover the damages or not.

    What are his options? Can he request a second quote or dispute the insurer’s assessment?

    I'm sure the insurance company got a few quotes etc. Ask them and see what they say.

    You have to remember the bill isn't just for the damages, but also the insurance companies time, hire car while their car is being repaired etc.

    • It isn't optional to cover reasonable costs for the damages (and ancillary charges you mention), it is optional though to cover any unreasonable inflating of those charges if a magistrate can be convinced that is so.

    • I'm sure the insurance company got a few quotes etc. Ask them and see what they say.

      And maybe the other party had choice of own repairer too

    • -1

      Unfortunately, my grandfather didn’t have third-party car insurance.

      I think you mean, your grandfather didn’t have insurance

      Maybe his grandfather has cat insurance, how would you know? But we know he doesn’t have 3rd party car insurance!

      • -2

        Oh small clap for you. Now with that insightful comment. OP can now close the thread.

    • The yearly premium pays for the insurance companies time. The repair bill doesn't.

  • -1

    Does he also like to gamble?

    • Appears os, They put it all on black, and a WHITE Nissan Patrol came along.

  • +2

    Hmmm try and get a break down of the cost but it seems like that may include a hire car as well? When I lodged my claim for my Subaru XV after some dude pulled out at me… the damage to my car wasn't too bad but repair quote came to ~$7000 (straight from the insurer's partnered smash repair shop), and that's not even counting the hire car cost (probs around $8500 based off the Hertz website). So yeh… if that guy didn't have insurance it would have costed him at least $15,500.

    Tbh, it would have been cheaper if he bought my car outright on the spot.

    • +5

      That's what people forget in cases like this. You're not just paying for the damage to be repaired, you're also paying for a hire car, the insurance companies time etc.

      So a 'small' doesn't look like much damage bill, can blow out. Bit like in your example.

      • -3

        For relatively minor damage, should be able to sort out the repair in a week. A rental car for a week should not cost more that $1k.

        OP hasnt indicate where the dent is. That will affect the total cost, but a few hours labour, a part and paint to match should cpme oht inder a few grand.

        Of course, we dont know what other damage may lurk beneath, but still if the at fault has $1800 worth of damage, how bad can it be on a full sized 4wd?

        • For relatively minor damage, should be able to sort out the repair in a week. A rental car for a week should not cost more that $1k.

          plus cost of repair, plus cost of insurance time.

          Of course, we dont know what other damage may lurk beneath, but still if the at fault has $1800 worth of damage, how bad can it be on a full sized 4wd?

          It doesn't work like that. Say opening a car door into another car. Rarely the car/door being opened, hitting the other car is damaged, the other car though, that doesn't come out as well.

          • +12

            @JimmyF: "Insurer's time" keeps getting mentioned but I have never ever seen this recorded in any settlement of claim.

            Realistically the insurers time is covered by those that employ its services - with their regular payments - not those damaging the insured vehicles.

            An insurer has no legal right to claim for their time against a person that damages a vehicle they have insured.

            • -3

              @LVlahov:

              An insurer has no legal right to claim for their time against a person that damages a vehicle they have insured.

              Call it an admin fee then. That better?

              • +1

                @JimmyF: Not better. Simply wrong. Repair bill is strictly for repair costs. Not an insurance admin fee.

                • -1

                  @mrdeal13:

                  Repair bill is strictly for repair costs. Not an insurance admin fee.

                  Well then, pay the bill and stop complaining about the costs!

                  • @JimmyF: Why on earth would the OP do that if they think the quote is unreasonable? A magistrate can decide if it is before they cough up the cash.

                    • -2

                      @mrdeal13:

                      A magistrate can decide if it is before they cough up the cash.

                      LOL Sure sure…. You haven't even seen the repair quote, and think it's wrong.

                      Hope they go to court and get hit with court costs as well.

                      • -1

                        @JimmyF: Comprehension skills are lacking my friend!

                        I have no idea if the quote is reasonable of not.

                        The OP? They don't think it's reasonable. Thus my advice for them.

                        • @mrdeal13:

                          I have no idea if the quote is reasonable of not.

                          Correct

                          The OP? They don't think it's reasonable. Thus my advice for them.

                          Bad advice

                          Comprehension skills are lacking my friend!

                          Not at all, just don't think your advice is sound. Everyone wants to go to court to fight everything. Total waste of time. The OP could ask for a bill breakdown to see if it is valid or not.

                          As I said, hope they get court costs added.

                          • -1

                            @JimmyF: "You haven't even seen the repair quote, and think it's wrong."

                            Above is an incorrect statement by you. Do you disagree?

                            This incorrect statement was caused by your lack of comprehension skills. Do you disagree?

                            • -2

                              @mrdeal13: Oh look at you trying to be smart with word games……Are you 3 years old?

            • @LVlahov: Exactly.

              Go to court.

              • -1

                @prodrome:

                Go to court.

                You think the insurance is worried about going to court?

                • +2

                  @JimmyF: Not worried, but they'll back down.

                  They don't like to be make to look silly or greedy.

                  • -1

                    @prodrome:

                    Not worried, but they'll back down.

                    I highly doubt it, the OP will just be scheduled on the books along with everyone else the insurance company is taking to court that week.

                    • +2

                      @JimmyF: They've backed down on the two occasions they've been unreasonable with me. It's what most people experience.

                      • -2

                        @prodrome: So you have a track record of causing damage and not paying insurance companies? Interesting….

                        • +2

                          @JimmyF: No, but Insurance companies have a long history of being completely unreasonable, being dishonest and ripping off customers on a massive scale.

                          YOUI broke records for corporate fines in New Zealand for example.

            • @LVlahov: I think we can just simplify that "insurer's time" to an easier to understand "insurer's profit"

          • @JimmyF:

            It doesn't work like that. Say opening a car door into another car. Rarely the car/door being opened, hitting the other car is damaged, the other car though, that doesn't come out as well.

            OP has described that their car has taken a "bigger hit than theirs".

            • +3

              @Euphemistic:

              OP has described that their car has taken a "bigger hit than theirs".

              That is their view of who got the bigger dent.

              I once had a door dented by a car opening into it, hit pretty hard, made a 50c dent, down to the primer. Thankfully I was in the car so jumped out to talk to them.The cost in the end was $4k to repair, as the side of the car needed to be painted to blend in the paint. Joys of metallic paints.

              So they had been going to pay, with both of us thinking only a few hundred to fix at the time. So I went off and got some quotes and it came in at $4-5k, both of us shocked, so was passed to insurance who agreed $4k worth of damage and that was without a hire car for 1 week.

              So tl;dr it might not look much to you or me, but might be.

              At end of the day, OP didn't have insurance, so it is the cost you pay.

          • +1

            @JimmyF: I… Don't think they can legally bill you for their time. It doesn't incentivise quick work, to say the least.

        • -2

          I seriously cant believe your comment has been neged. Nothing is outrageous about it at all.

        • The way you're saying it is as if OP is taking their car into a completely empty smash repair shop whilst it's lunchtime.

          And then a private cashie job on the side is offered, so one worker stops eating his lunch and gets up to sand down the 50c sized dent, bog it up real quick with double the amount of hardener so it dries in 15 mins, quick sand, primer, paint, clear coat, buff…. $150 cashie private side job done.

          The reality is everyone including the car rental place, smash repair shop, wreckers, etc is used to milking the insurance. If you're self insured, good luck.

  • +11

    No reserves from self insuring???

  • +2

    user name checks out (?)

  • +2

    First thing you should do now is ensure he has at least 3rd party insurance moving forward. It's very cheap compared to comprehensive…

  • +25

    I like to congratulate the other party for having full comprehensive insurance. Otherwise they would be wasting their time dicking around with this uninsured person.

  • How long didn't Grandpa have insurance for? It sounds like his self-insurance plan wasn't profitable.

    I self-insured for medical, broke my ACL and had a similar outcome.

  • Ahhh, OzBargain… the gift that just keeps on giving…

    Ask to get a breakdown of costs. Dispute it. Negotiate with them. Put it on a payment plan. Thank his lucky stars it wasn’t a Porsche or Range Rover that he backed into.

  • +1

    12k is not too bad… think of the cost savings for the next 20 years by not paying insurance. Your ahead.

    • About 10 years based on current premiums

    • I drove my first car for ~7 years without third party property before reversing into someone in a car park. Ran the maths and I'd basically broken even.
      But I also mentally played out a scenario in which I hit a Porsche instead of a Honda Civic and decided it's probably easier to just buy the insurance.

  • Are you a panel beater? How do you know the damage is minor? Please upload photos of the damage to their car.

  • +3

    I'd say $12,500 is a cheap price for a valuable lesson learned.
    It could have been an expensive car with a boot load of fine crystal.

  • My recommendation is to have the person he hit visit a different panel beater and request a direct quote that doesn’t involve an insurance claim. You’ll likely find the cost is significantly lower. Many panel beaters—especially those like Sheens Panel Service—tend to inflate their prices when working through insurance, often adding an extra digit compared to what they would charge a direct-paying customer.

    • +11

      is to have the person he hit visit a different panel beater and request a direct quote that doesn’t involve an insurance claim

      The party being hit doesn't have to jump to the OP tune and seek a different quote. They have gone through their insurance, the issue is now between the OP and the insurance company.

      The vehicle is most likely fixed already, as they don't have to wait around for payment from the OP.

      Many panel beaters—especially those like Sheens Panel Service—tend to inflate their prices when working through insurance, often adding an extra digit compared to what they would charge a direct-paying customer.

      This is true, as 101 for insurance claims is to knock the price down. So they pad it out to allow for this. A $4k job will be quoted at $5k, so when the insurance knocks 20% off it, they are all happy.

  • +1

    dispute the insurer’s assessment?

    yes can be done. but then you are going against insurance company which is full of accountants and lawyers!.

  • +1

    Declare bankruptcy…

  • +6

    Pay the damage cost. If your grandfather can't afford insurance, he can't afford to drive.

    My car was rear ended by an uninsured kid while it was parked (the kid said he was adjusting AC but more like adjusting his mobile phone while driving). The kid's old man asked if he can do a cash deal and offered $3k(he thought it was a cheap lancer), my car is a Mitsubishi Evo X so $3k wouldn't cover much. I claimed through my insurer and they organised everything - uber from crash repairer to home, a rental for 3 months (parts had to come from Japan and I hear Mitsubishi stopped producing parts for Evo's so they are now big big $$$) and uber to collect the car once finished. The bill came close to $20k (includes rental and uber ride cost, I imagine), poor kid as the old man told me they just received a massive bill but if you are driving uninsured, you should be catching public transport or use a taxi.

    Your grandfather is lucky he didn't reverse into a supercar.

    • damn! wonder what happened to the kiddo.

    • Your grandfather is lucky he didn't reverse into a supercar.

      Or a gangster in a black stretch limo

    • +2

      Your grandfather is lucky he didn't reverse into a supercar.

      Doesn't even need to be a supercar.

      Just look at any number of higher-end Mercs, Audis, BMWs, Maseratis, Range Rovers, Ferraris, Porsches etc on the road. The amount of electronics in these is through the wazoo, so having a proper fender bender with one of these is likely going to cost an absolute bomb.

      Honestly feel that insurance for third parties should be mandated as standard. If people find it hard to afford insurance, they absolutely cannot afford to drive without insurance - they face absolute ruin if they fk up the wrong car.

  • -2

    Dispute it
    A few years ago the partner was involved in a 3 way back to back collision.

    She was the rear car of 3. The car in the middle sent us a claim and it was for the rear damage of their car that my partners caused plus the damage to the front of their car (middle car). The middle cars insurance was trying to claim full costs from us when they should have paid for the front damage.

    Anyway lucky we had insurance and just forwarded it on and never thought about it again

    Moral of the story. They're always going to get you for more. Please review and reject etc

    • +1

      They were correct in trying to claim both front and rear damage. Front damage was caused by rear end collision pushing it to the car in front duh

      • Did he mean a three car rear ender? I thought back to back collsion meant two cars reversed into another car in the middle at the same time, maybe in a carpark. I wondered how the hell something like that could happen. Three car rear enders make sense, especially when everyone uses their phone while driving these days.

        • Partner didn't leave a large gap between cars. First guy couldn't decided to go or stop on yellow. He stopped at the last minute. Second car and third car couldn't stop on time.

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