Little car crash... any advice?

[Blitzed]

The other week I was involved in a small car accident.
Here is what happened.....

I was sitting in a car park (in my car)putting my receipts away.

A car pulls in next to me and hits me on the right corner just above the back wheel.

She parks and we get out, she is very sorry etc.

Numbers and regos exchanged. She said it probably won't cost more than the excess.

I called my insurance for advice, since I only have third party, fire and theft. They said to contact her insurance and the Police. Police say I could come in if I needed help.

Three days later I rang her, she said I need to contact my insurance company....I told her what they and the police said.

Fours day after that I had not heard from her so I rang and she said she had left a message with her insurance comp.

The next day I rang her insurance comp and they said she had not made a claim, but if she had left a message it might come through today (Friday).

Her company also said that I could go to the Police..etc.

I could be wrong but I think I am getting the run around.
Does this mean that if you have only third party insurance that anyone can hit you and if they don't put in a claim you hardly have a leg to stand on?

 

[Prospector]

Re: Little car crash..any advice?

OK, I went through this last year, and now twice this year. In all instances my car (driven by son) was parked and it was hit by another car while that car was moving. Because my son is only 17 we did not insure it comprehensively but only for 3rd party damage, fire and theft. So identical to your situation. In the first and second instances, (first involved over $5000 damage, the second was $350 damage and I am about to do the third one this week!)

Basically you make the demand for repairs on the other driver, who then has the choice to involve their Insurance company. As soon as they involve their insurance company, then you will be dealing with the Insurance company and not the other driver.

So this is what you need to do. The other person does not have to do a thing unless you serve them with a 'letter of demand'. their Insurance company would have told them to sit tight until you do this, which is why nothing has happened yet.

First You will need to get 2 written quotes to repair the damage. Make sure your rego number is included on the quote and the damage described exactly.

Then you write the letter of demand - something like this:

(Insert Date)

(Insert other drivers name and address)

Dear (insert other drivers name)
Re: MOTOR VEHICLE ACCIDENT ON (Insert date).

I am writing about a collision that occurred on (insert date).

As you will recall, my car was parked (insert location), when a car driven by you (Reg insert their registration) hit the (wherever it hit )of my parked car (Insert your car reg number ) which is a (insert your car description)

The collision was caused by your driving as you (insert what they did) You are therefore fully responsible for the damage and repairs to my car.

I obtained two quotations for repairs to the damage from the crash repairers namely (insert the names of the crash repairers ) A photocopy is attached.


On the basis of your responsibility in causing this damage, and the quotations above I am now seeking the amount of (insert how much it will cost to repair)to cover my costs to repair the damage.

Please pay $(Insert amount) within 14 days of the date noted on this letter.

If this amount is not received within this time then I will take legal action to recover this amount. This will involve further legal costs for you given 100% responsibility for the damage.

If you are covered by insurance, please notify your insurance company immediately and provide me with the claim number.

Yours faithfully


(Insert your name and contact details




Then you will find that will start things moving. Most likely they will contact their Insurer who will then contact you to arrange the repairs.

If you hear nothing, then by all means initiate court action; because your car was parked, they will have to pay ALL costs re court; because a parked car is NEVER in the wrong!

But you will find the letter will do the trick!

 

[Flying Fish]

Re: Little car crash..any advice?

Not at all. I have never had comp insurance and have had 4 cars written off through no fault of my own. On each occasion I got the details and hassled the insurance company and the owners until they paid up

 

[hangseng]

Re: Little car crash..any advice?

OK, I went through this last year, and now twice this year. In all instances my car (driven by son) was parked and it was hit by another car while that car was moving. Because my son is only 17 we did not insure it comprehensively but only for 3rd party damage, fire and theft. So identical to your situation. In the first and second instances, (first involved over $5000 damage, the second was $350 damage and I am about to do the third one this week!)

Basically you make the demand for repairs on the other driver, who then has the choice to involve their Insurance company. As soon as they involve their insurance company, then you will be dealing with the Insurance company and not the other driver.

So this is what you need to do. The other person does not have to do a thing unless you serve them with a 'letter of demand'. their Insurance company would have told them to sit tight until you do this, which is why nothing has happened yet.

First You will need to get 2 written quotes to repair the damage. Make sure your rego number is included on the quote and the damage described exactly.

Then you write the letter of demand - something like this:

(Insert Date)

(Insert other drivers name and address)

Dear (insert other drivers name)
Re: MOTOR VEHICLE ACCIDENT ON (Insert date).

I am writing about a collision that occurred on (insert date).

As you will recall, my car was parked (insert location), when a car driven by you (Reg insert their registration) hit the (wherever it hit )of my parked car (Insert your car reg number ) which is a (insert your car description)

The collision was caused by your driving as you (insert what they did) You are therefore fully responsible for the damage and repairs to my car.

I obtained two quotations for repairs to the damage from the crash repairers namely (insert the names of the crash repairers ) A photocopy is attached.


On the basis of your responsibility in causing this damage, and the quotations above I am now seeking the amount of (insert how much it will cost to repair)to cover my costs to repair the damage.

Please pay $(Insert amount) within 14 days of the date noted on this letter.

If this amount is not received within this time then I will take legal action to recover this amount. This will involve further legal costs for you given 100% responsibility for the damage.

If you are covered by insurance, please notify your insurance company immediately and provide me with the claim number.

Yours faithfully


(Insert your name and contact details




Then you will find that will start things moving. Most likely they will contact their Insurer who will then contact you to arrange the repairs.

If you hear nothing, then by all means initiate court action; because your car was parked, they will have to pay ALL costs re court; because a parked car is NEVER in the wrong!

But you will find the letter will do the trick!

Blitzed the above is excellent advice. I was given the same advice over 30 years ago and I got my money. I had my own insurance but I didn't want to make a claim on mine as it would have affected my no claim bonus. RACWA helped me draft the leter with free legal assistance ad I got my car fixed at the other parties expense.

 

[Blitzed]

Re: Little car crash..any advice?

Thank you so very much Prospector for that letter of demand, and advise.....her insurance comp mentioned that but I would not have know what to say, so now I have that, I will proceed. I will send it via registered mail too so there is no... "I didn't get any mail".

My son will be driving soon and I was thinking of getting comprehensive, do you think it is better just to stay on third party...on that I believe the excess will be about $1600 for him .

Again many thanks, will let you know if it works.

 

[BIG BWACULL]

Re: Little car crash..any advice?

Thanks prospector, Advice i have now stored in the memory banks for the future
Actually i might store it on the harddrive that way i'll never forget. What we talkin about again lol THANKS

 

[Blitzed]

Re: Little car crash..any advice?

You wrote....

So this is what you need to do. The other person does not have to do a thing unless you serve them with a 'letter of demand'. their Insurance company would have told them to sit tight until you do this, which is why nothing has happened yet.


I feel so dumb, I would have just given up. More thanks.

 

[Prospector]

Re: Little car crash..any advice?

Happy to help - I felt so lost when it happened to me last year.
Re the child and comprehensive insurance.

When I enquired about insuring my car for my son to drive for comprehensive insurance, the premiums were around $3500 PER ANNUM This was with 'lucky you're with......" company and I would still have that awful excess to pay as well. As I already had my normal car and my husband's car insured with that company on full no claim bonus this was the discount rate.

So, while it is a pain to have to go through the process above every time someone else hits your car, unless you plan to have a very expensive car for your child to drive (say over $15,000) then 3rd party is the way to go. Our sons car (registered in my name, so basically my car but he is the only one driving it) cost around $7,000, so not worth going the comprehensive route. (and as a result of the three incidents mentioned above, has already had $6000 work on it!)


And there is no way I would buy my child an expensive car while they are in the 'learning phase' - they seem to get little dinks and chinks just by looking at it!

 

[nomore4s]

Re: Little car crash..any advice?

Prospector, how lucky is your son, his parked car has been hit 3 times. It must have an inbuilt magnet in it that turns on when he parks it, lol.

 

[desyner]

Re: Little car crash..any advice?

Get a police report it makes the claim more official (only takes 10 min).

Also make the panel beaters aware it's an insurance claim (bigger quotes)whilst getting quotes as when her insurance co decide to pay up you can request a chq rather than having the car repaired.

 

[Prospector]

Re: Little car crash..any advice?

Prospector, how lucky is your son, his parked car has been hit 3 times. It must have an inbuilt magnet in it that turns on when he parks it, lol.

I know, tell me about it! It is red, so much for being safe! I have been driving for over 30 years and have never been hit while parked; he has his car for 3 months and the first accident caused over $5000 damage; got it back and three months later it is hit again (to be fixed in June) and while we are waiting for that, it was hit again last week.

Now, you might say he has parked in bad spots and hit by young drivers.

Well, the first accident was caused by a P driver who forgot to apply the handbrake; my car was parked with many other cars and in that accident four other cars were also hit; the second time, it was parked outside our house and the old lady across the road reversed into it - she said we shouldnt park our car in the street ; and the last time another old man backed into it when son left it overnight at a friends place. By sheer coincidence, as he and his older brother drove into the street to collect the car, they joked as they saw the old man reverse out of his driveway and older son said to younger son ' Watch this guy back into your car' just as a joke.
And then as they watched, that is exactly what happened .
The old man didnt stop so older son chased him down the road and made him get out to exchange details.

 

[nomore4s]

Re: Little car crash..any advice?

I know, tell me about it! It is red, so much for being safe! I have been driving for over 30 years and have never been hit while parked; he has his car for 3 months and the first accident caused over $5000 damage; got it back and three months later it is hit again (to be fixed in June) and while we are waiting for that, it was hit again last week.

Now, you might say he has parked in bad spots and hit by young drivers.

Well, the first accident was caused by a P driver who forgot to apply the handbrake; my car was parked with many other cars and in that accident four other cars were also hit; the second time, it was parked outside our house and the old lady across the road reversed into it - she said we shouldnt park our car in the street ; and the last time another old man backed into it when son left it overnight at a friends place. By sheer coincidence, as he and his older brother drove into the street to collect the car, they joked as they saw the old man reverse out of his driveway and older son said to younger son ' Watch this guy back into your car' just as a joke.
And then as they watched, that is exactly what happened .
The old man didnt stop so older son chased him down the road and made him get out to exchange details.

lol, sure its not a red bullseye.

 

[Smurf1976]

Re: Little car crash..any advice?

The steel tray on a ute we have at work makes a good "can opener" when someone cuts a corner whilst turning and "opens" the entire left side of their car. There's nothing unusual about the tray, it's just bad driving to run into a parked car.

It's happened 3 times at work in the past few years (company owns the ute). No damage at all to the ute but the car ends up a write off with the left side literally cut open most of the length of the car. Yes the ute has been parked legally on all 3 occasions.

Suffice to say there is no way I'd park a car in that same spot - it's a public parking zone and we're using it maybe 5% of the time at most so the odds of being hit are reasonably high it would seem.

 

[Blitzed]

Re: Little car crash..any advice?

Thanks for sharing all that information Prospector, I will be staying with third party.

Well I got the quotes on Monday and was shocked at the cost, thought it would be about 2 or 3 hundred but it's just under $1000. Have sent it all via registered mail and will get delivery confirmation when she receives it.... also sent a copy of the diagram she drew of the accident...fingers crossed.

 

[Blitzed]

Re: Little car crash..any advice?

Can I do that?

Well today I got a call from her insurance comp (different to the one she told me...it's ...lucky your with....), they haven't got all the details as yet but have booked me in to see an assessor this week. He said that they will decide the repairer when I requested a chq.
Is there anything else I need to be aware of?

Prospector..how is your claim going?

 

[Prospector]

Re: Little car crash..any advice?

Sounds good Blitzed! Well, number 2 repair is being done next week. The other party's car was insured with that over 50's Insurance company who have those ads with the over 50 'celebs' - cringeville ads, and that company is actually an arm of 'lucky you're with' where we have our other cars comprehensively insured.

I chucked a tanty when I first started making arrangements. I had asked 'Lucky youre with" which 2 companies they would accept before getting those 2 quotes from just anyone. Then, when they contacted me again, they said I had to go and see their assessor. So I said "I contacted you 2 weeks ago and drove around to the 2 companies you told me you would accept as a quote, and now I have to do it all over again? (Like you are having to do) and that I had my other two cars comprehensively insured with them and if this is the run around you give people then I will cancel my policies with my other cars and go elsewhere (we have full no claim bonus for our other cars and even if we have a prang we will never lose that because hubby and I have not had a claim on our cars in over 10 years)

So she said OK, we will give you our Valet service - I go in and they will drive me to wherever I want to go, and then come and get me when the car is fixed (probably 2 days).

The third dingle - I havent got around to doing anything - I work and seriously dont have the time to go through it all over again.........

 

[Blitzed]

Re: Little car crash..any advice?

Hi Prospector

Just to let you know that I received a cash Chq today (Friday the 13th is always lucky for me)and to say thank you very much again for the help. They did try to avoid paying cash but I called my insurance comp first and asked and then I rang hers and pretended that I was insured with them to see if I could request a cash settlement....both said yes. Without your advise I would have just given up.( sending you some good karma)

Thank you also desyner for your advice my son helped me with that one.

 

[robert toms]

Re: Little car crash..any advice?

Well done ,glad that you had a good outcome.
I acted for my daughter once in similar circumstances...the insurance company only paid up after I took out a claim in the small claims court....they bluffed till the end.They were quite willing to pay the court lodgement fees etc. as well.

 

[Julia]

Re: Little car crash..any advice?

That's good news, Blitzed. Glad it all worked out.

Does Prospector have your address for her consulting bill?