Advice regarding dealing with crash caused by a potentially uninsured 3rd party.

Forums › Off topic › Advice regarding dealing with crash caused by a potentially uninsured 3rd party.

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bazzer

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#1074000 25-Jun-2014 10:19

sbiddle: You just need to be aware of double dipping here.

You either need to lodge a claim and let insurance handle this OR attempt court action against the 3rd party with no guarantee of success. You can't do both.

I don't know that I'd call it double dipping if the insurance does not cover the full value of the loss.

Chaitanya

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#1074009 25-Jun-2014 10:31

bazzer:
sbiddle: You just need to be aware of double dipping here.

You either need to lodge a claim and let insurance handle this OR attempt court action against the 3rd party with no guarantee of success. You can't do both.

I don't know that I'd call it double dipping if the insurance does not cover the full value of the loss.

From what I learned it is either the agreed value OR the market value at the time of loss. I think it is very difficult to claim full value of the loss especially if the loss is huge.

Cheers,
Chai

Chaitanya

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#1074020 25-Jun-2014 10:40

Also people, who should bear the inflated cost of WoF because my bumper is in bad shape and a brake light needs to be fixed,due to this accident?

Cheers,
Chai

nakedmolerat

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#1074027 25-Jun-2014 10:49

I think OP needs to take a step back, chill, deal with the insurance at the first instance.

Once you hear back from the insurance, let us know the outcome.

There is no point of discussing in details if it turns out that they have insurance who will pay for the damage.

With regards to the value, with AA insurance, every year they will notify the new *agreed* value of the car. As far as I know, only insurance obtained from Toyota etc, who will offer the same car replacement within 3 years etc (for a brand new car).

trig42

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#1074038 25-Jun-2014 11:00

nakedmolerat: I think OP needs to take a step back, chill, deal with the insurance at the first instance.

Once you hear back from the insurance, let us know the outcome.

There is no point of discussing in details if it turns out that they have insurance who will pay for the damage.

With regards to the value, with AA insurance, every year they will notify the new *agreed* value of the car. As far as I know, only insurance obtained from Toyota etc, who will offer the same car replacement within 3 years etc (for a brand new car).

Agree with that.

If you have replacement cost insurance, they should provide enough to get you a replacement car.
You should not have to pay the excess if you are not at fault and you provided contact details on the 3rd party.

If the insurance company offers you what you believe to be unreasonably low, do your research and show them that you need more to replace the car with one of a similar age, distance travelled and condition.

Chaitanya

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#1074060 25-Jun-2014 11:26

nakedmolerat: I think OP needs to take a step back, chill, deal with the insurance at the first instance.

Once you hear back from the insurance, let us know the outcome.

There is no point of discussing in details if it turns out that they have insurance who will pay for the damage.

With regards to the value, with AA insurance, every year they will notify the new *agreed* value of the car. As far as I know, only insurance obtained from Toyota etc, who will offer the same car replacement within 3 years etc (for a brand new car).

I wish I have the super powers to chill despite the mess I was pulled into by an absent minded road user.

I may be jumping the gun but I hope you will understand that it is difficult to cope up when unexpected incidents like this happen for no mistake of mine because of someone who can't control their car from crashing into the car ahead in the stationary traffic at lights.

And when my WoF is expiring within days and I have no idea who should bear the inflated cost of WoF due to this accident.

Cheers,
Chai

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bazzer

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#1074067 25-Jun-2014 11:32

Chaitanya:
nakedmolerat: I think OP needs to take a step back, chill, deal with the insurance at the first instance.

Once you hear back from the insurance, let us know the outcome.

There is no point of discussing in details if it turns out that they have insurance who will pay for the damage.

With regards to the value, with AA insurance, every year they will notify the new *agreed* value of the car. As far as I know, only insurance obtained from Toyota etc, who will offer the same car replacement within 3 years etc (for a brand new car).

I wish I have the super powers to chill despite the mess I was pulled into by an absent minded road user.

I may be jumping the gun but I hope you will understand that it is difficult to cope up when unexpected incidents like this happen for no mistake of mine because of someone who can't control their car from crashing into the car ahead in the stationary traffic at lights.

And when my WoF is expiring within days and I have no idea who should bear the inflated cost of WoF due to this accident.

Don't waste your time with your WoF on a car that might be written off. If it fails you surely won't be getting it fixed until you've figured this all out. Don't drive your car while it might not be road worthy.
Find out what your insurance company is going to do. Can't they give you a rental car?

P.S. It's super inconvenient, but I'm pretty sure this guy didn't do it on purpose.

Chaitanya

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#1074069 25-Jun-2014 11:37

Thank you @bazzer. Yeah it is super inconvenient and mistakes happen. Anyway, point noted.

Cheers,
Chai

dejadeadnz

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#1074152 25-Jun-2014 12:26

sbiddle: You just need to be aware of double dipping here.

You either need to lodge a claim and let insurance handle this OR attempt court action against the 3rd party with no guarantee of success. You can't do both.

By far the most sensible piece of advice here. OP: This is coming from a real life lawyer - you need to understand that all contracts of insurance carry clauses to the effect that if you want your insurer to get involved, you must lodge claims promptly, listen to their directions, and cooperate with their attempts at recovery (e.g. attending the Disputes Tribunal) etc. If you attempt to take recovery actions before lodging a claim or whilst your insurer is involved in handling your claim, they will be well within their rights to tell you to go away.

Go through the process of a claim through your insurer. If and when everything is settled you feel that you have not recovered all your losses, lodge a DT claim. But I don't think you'll find that process to be worth it ultimately but it's your choice (your idea of market value may not reflect reality and also monies expended on maintenance don't always translate 1-to-1 in terms of adding or preserve real market value of your car). Do it the way Sbiddle and I have suggested, you will at least have the insurer on your side.

Chaitanya

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#1074288 25-Jun-2014 14:24

By far the most sensible piece of advice here.

Thank you for that advice dejadeadnz. I get it and appreciate.

Cheers,
Chai

floydie

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#1076112 28-Jun-2014 16:25

i get sick of telling people this SO LISTEN UP!

AS SOON AS YOU GET OUT OF THE CAR TAKE PHOTOS!!!!!!!

TAKE PHOTOS OF THE CARS IN PLACE

TAKE A PIC OF THE DRIVER

TAKE A PIC OF THIER CAR AND REGO LABEL

EVEN SET YOUR PHONE TO VIDEO MODE AND SECRETLY RECORD THEM....

Taking photos proves that the car in question and driver were responsible. they cant do the old"oh it was my cousin driving" or deny even being there.

OH AND DID I MENTION.......

TAKE PHOTOS!

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Chaitanya

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#1081074 4-Jul-2014 16:35

My claim is almost getting settled satisfactorily by my insurer, Vero. Waived excess (given uninsured third party at fault) + Vero is paying reasonable valuation for my car.

Although it means an untimely upgrade for my car.

All in all, I am happy with the way this story ended up.

I appreciate all your suggestions and ideas. Thank you.

Cheers,
Chai

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