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Bee

Bee

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#116705 7-May-2013 15:21
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My wife backed into another car today...  No damage to our car but put a scratch on the bumper and a chip in a headlight of the other car...  The other owner got a panel beater quote of $847 and says WE have to lodge the claim with OUR insurance company as her insurance company wont help - (we have full insurance and she has 3rd party)

As there is no damage to our car why would I bother to claim?  Legally we dont have to??

Also seems like someone trying to make a quick buck - $800 seems a bit much for a bit of paint and a new headlight???  (That probably doesn't NEED replacing?)

I would think the insurance company would get 3 quotes that would come out much cheaper but still, considering I couldn't presently pay $80 let alone $800 even if I wanted to the whole thing is a bit odd...

The main thing is - requiring us to put in a claim?  there's no law regarding this is there???





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trig42
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  #812908 7-May-2013 15:25
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Of course you have to make the claim, you (or your wife) did the damage. You are liable for it. If you do not want to pay cash for it, you must claim it on your insurance.

And as for the headlight not NEEDING replacement, maybe not, but how would you feel if it was your car? - you would want it returned to the state it was in before it got backed into.

 
 
 

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DonGould
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  #812913 7-May-2013 15:28
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My take on this is that you've damaged someone else property. You have house insurance, say I come drive my car though your fence... you pay for your fence because I've only got 3rd party?

This is why you have comprehensive cover, so that you can cover the damage you do to someone else property. That's my take on it anyway.

By putting this in the hands of your company, they will know the rules (that's what you're paying them for) and what it should cost to fix the damage.

Sure, you need to do your sums. If $800 is less than your excess and the no claim bonus you loose for the next two or three years, then it's worth just paying it out your self.

My understanding is that if you won't settle it and just say 'tough luck you mate' then they can take you to court to recover the cost of the damage you caused to their property.

I'm not a lawyer and could be quite wrong so let's see what others have to say too.




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Bee

Bee

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  #812915 7-May-2013 15:31
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If it was my car I would claim with my insurance company and they would sort out with the other persons insurance company - it says so on the website for my insurance company!

It wasn't out fault and we wont admit that - first rule of car crashes...

Morally I agree we should lodge the claim to help them get their car fixed but there's no legal obligation to this at all as far as I can see...

Their insurance company should sort it or else they should get a better insurance company! perhaps they dont have insurance at all?? I've no proof of things as I wasn't there and my wife didn't take any of their details...

And actually if it was our car backed into, I wouldn't worry about a little scratch at all...




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bagheera
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  #812919 7-May-2013 15:32
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you did the damage, so you have to pay for it to be put back to the way it was before hitting it, it up to YOU to decide to fork over the money or claim on your insurance - Also i think the person you hit can choose who they go with as well.

ubergeeknz
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  #812921 7-May-2013 15:34
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Bee: If it was my car I would claim with my insurance company and they would sort out with the other persons insurance company - it says so on the website for my insurance company!

It wasn't out fault and we wont admit that - first rule of car crashes...

Morally I agree we should lodge the claim to help them get their car fixed but there's no legal obligation to this at all as far as I can see...

Their insurance company should sort it or else they should get a better insurance company! perhaps they dont have insurance at all?? I've no proof of things as I wasn't there and my wife didn't take any of their details...

And actually if it was our car backed into, I wouldn't worry about a little scratch at all...


IANAL but here goes.

3rd party only covers damage to other people's property.  So they cannot claim on their insurance.

They can claim against your insurance, however.  But I don't think they have to, since you're direclty liable (your insurance is effectively underwriting you).

lxsw20
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  #812922 7-May-2013 15:34
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Doesn't matter. If you are reversing you are pretty much always at fault I believe.

They're only covered for 3rd party, and possibly that provides some sort of uninsured driver protection, but since you have insurance, this is not their insurance company's problem.

Personally I think you should stop making their life difficult, they already have the frustration and use of their time to get their car fixed to deal with.

Bee

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  #812923 7-May-2013 15:34
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DonGould: My take on this is that you've damaged someone else property. You have house insurance, say I come drive my car though your fence... you pay for your fence because I've only got 3rd party?

This is why you have comprehensive cover, so that you can cover the damage you do to someone else property. That's my take on it anyway.

By putting this in the hands of your company, they will know the rules (that's what you're paying them for) and what it should cost to fix the damage.

Sure, you need to do your sums. If $800 is less than your excess and the no claim bonus you loose for the next two or three years, then it's worth just paying it out your self.

My understanding is that if you won't settle it and just say 'tough luck you mate' then they can take you to court to recover the cost of the damage you caused to their property.

I'm not a lawyer and could be quite wrong so let's see what others have to say too.


If you drive thru a fence - 3rd party insurance covers damage to the fence cos it was your fault so no problems there...
Full insurance will cover the damage to your car from driving thru the fence - 3rd party wont.

Im thinking the court thing is spot on as to what could happen...  




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SaltyNZ
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  #812924 7-May-2013 15:35
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Bee: 
It wasn't out fault and we wont admit that - first rule of car crashes...



I think you'll find - having had this fight twice in the Disputes Tribunal and won both times - that if you were reversing and you hit someone else, it WAS your fault, even if you can prove the other person was doing something dumb at the time.

The law says that when you're reversing it is your responsibility to make sure there is nothing behind you when you do.




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Bee

Bee

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  #812927 7-May-2013 15:38
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lxsw20: 
Personally I think you should stop making their life difficult, they already have the frustration and use of their time to get their car fixed to deal with.


Hmmm...  feed the kids for a few weeks or give them $800???  



Yes that is the decision we have to seriously make...

I think our excess is $300 so we would pay that but its still $300 we dont have...

So again with no legal obligation, I'm not going to give anyone money that I don't have if I dont legally have to...  will wait for the court summons then?




Doing your best is much more important than being the best.


SaltyNZ
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  #812928 7-May-2013 15:40
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Bee: 

Hmmm...  feed the kids for a few weeks or give them $800???  



I thought you said you were insured.


So again with no legal obligation, I'm not going to give anyone money that I don't have if I dont legally have to...


If they choose to press the issue, you will be legally obligated. So better be prepared for that.




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tdgeek
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  #812934 7-May-2013 15:46
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You claim on the damage to your car whether its your fault or not. Your insurance company will fix your car if your fault (and affect your no claims bonus) or they will recover from the causer, and if they get recovery, your no claims is not affected

In your case, the other person claims, his insurance company seeks recovery from you

But, if they only have third part cover, they are not insured. They could take a claim against you in a civil case, I am unsure what that entails

lxsw20
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  #812937 7-May-2013 15:49
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Man, what ever happened to personal and social responsibility. I really hope you are just a troll.

freitasm
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  #812945 7-May-2013 15:51
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Surely if you decide to claim this on your insurance they would use their own accredited repair service and get their own quote instead of using the other party's quote?





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lxsw20
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  #812946 7-May-2013 15:52
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Pretty sure the owner of the car gets at least some say in who does the repair.

YadaMe
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  #812947 7-May-2013 15:52
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What were you hoping for posting on here, support? Everyone thinks you are been an ass, just lodge the insurance claim and pay the excess. Your wife caused the damage, just make it easy for the other person. If it goes to small claims you will be up for more court fees.

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