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  # 813036 7-May-2013 16:50
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Bee: um if you don't have insurance at all then your car could get stolen or written off and that's the end of that...

Insurance is there for a reason - I have always had FULL car insurance on all cars. to look after my car as well as pay for any damage to others cars...

but the insurance companies should sort this out between themselves... My wife backed into someone else and caused damage to their car - they should be able to get that fixed by their insurance company without requiring me to initiate things...

Otherwise I can just ignore it and wait for it to go away...

The law should protect the people and in this case it just doesn't...



You don't seem to understand 3rd party insurance. The person you/ wife hit has 3rd party as you stated. This will cover damage to other vehicles/property that they hit. Their insurance does not cover for acting when they are hit, that is YOUR responsibility either directly or through your insurance company.

If they take you to Court it is very likely to cost you more as they may well have the costs of taking the action awarded against you. Ignore it and you are a irresponsible motorist and.....
 




Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 


Banana?
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  # 813037 7-May-2013 16:51
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The affected party should just be claiming from your insurance company.

I'm pretty sure you don't need to do it (just read State's policy - It says if the other party is insured, the affected must claim form their insurance company or from the insured personally).

So if Bee backs into A, A makes a claim from either Bee personally or Bee's insurance company.

Bee, did you give them your insurance details?

 
 
 
 


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  # 813041 7-May-2013 16:56
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trig42: The affected party should just be claiming from your insurance company.

I'm pretty sure you don't need to do it (just read State's policy - It says if the other party is insured, the affected must claim form their insurance company or from the insured personally).

So if Bee backs into A, A makes a claim from either Bee personally or Bee's insurance company.

Bee, did you give them your insurance details?


We did...

They rang the insurance company and got told that I had to lodge the claim first...

If there is no damage to my car and I can't afford to pay any excess AND lose my no claims bonus, then why would I lodge a claim?  for what???

There is no LEGAL obligation here for me at all...  I understand the morals but really why would I volunteer to pay money that I just don't have???



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  # 813044 7-May-2013 16:59
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Bee:There is no LEGAL obligation here for me at all...  I understand the morals but really why would I volunteer to pay money that I just don't have???


You're quite right, you don't have any legal obligation.

Now I'm no lawyer here, but I have a funny feeling your wife might though as she's damaged someone else property.





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  # 813047 7-May-2013 17:02
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Bee:
trig42: The affected party should just be claiming from your insurance company.

I'm pretty sure you don't need to do it (just read State's policy - It says if the other party is insured, the affected must claim form their insurance company or from the insured personally).

So if Bee backs into A, A makes a claim from either Bee personally or Bee's insurance company.

Bee, did you give them your insurance details?


We did...

They rang the insurance company and got told that I had to lodge the claim first...

If there is no damage to my car and I can't afford to pay any excess AND lose my no claims bonus, then why would I lodge a claim?  for what???

There is no LEGAL obligation here for me at all...  I understand the morals but really why would I volunteer to pay money that I just don't have???




how do you figure you have no obligation? You might want to check that.




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 


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  # 813051 7-May-2013 17:03
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Bee:
There is no LEGAL obligation here for me at all...  I understand the morals but really why would I volunteer to pay money that I just don't have???


I think you will find you do have a legal obligation here. You caused damage to someone else's vehicle therefore you are legally liable for the associated costs.

Although the only way to prove or disprove a legal obligation is to go to court. I'm pretty sure if you did that it will end up costing you a LOT more.

If you think the damage was pre-existing you will have to arrange insurance assessors etc to determine that, also adding to your costs. 

My 2c: Pay your excess now to avoid large costs down the road. Or, come to a mutually agreeable settlement with the other party. 






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  # 813052 7-May-2013 17:03
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KiwiNZ: how do you figure you have no obligation? You might want to check that.


Based on what he said, he doesn't.  It might be his car but he wasn't driving it, someone else was.






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  # 813053 7-May-2013 17:03
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Bee:
trig42: The affected party should just be claiming from your insurance company.

I'm pretty sure you don't need to do it (just read State's policy - It says if the other party is insured, the affected must claim form their insurance company or from the insured personally).

So if Bee backs into A, A makes a claim from either Bee personally or Bee's insurance company.

Bee, did you give them your insurance details?


We did...

They rang the insurance company and got told that I had to lodge the claim first...

If there is no damage to my car and I can't afford to pay any excess AND lose my no claims bonus, then why would I lodge a claim?  for what???

There is no LEGAL obligation here for me at all...  I understand the morals but really why would I volunteer to pay money that I just don't have???




God i hope you always have full insurance (but by the sounds of it you won't if prices go up again).  Because 1 day you will be on the other end of this (maybe not a car claim) and then you have to go to all the trouble in suing the other person.

You will end up paying 1 way or another, whether it's to the insurance company or in court.
I know i would rather pay 300 than get a judgement from 1000+ that insurance will no longer cover as you did not report it and let it get to court.

Make the call to your insurance now, tell them what happen and ask what options you have.


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  # 813056 7-May-2013 17:06
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DonGould:
KiwiNZ: how do you figure you have no obligation? You might want to check that.


Based on what he said, he doesn't.  It might be his car but he wasn't driving it, someone else was.




point, his wife has an obligation and pay up.




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 


Bee



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  # 813067 7-May-2013 17:14
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But of course my wife is employed as a stay at home mum and they make AWESOME money. NOT!

Why did I post this? I came here thinking someone here would know a thing or two and give me good legal advice/experiences and just got abuse based on the morals of it all...

I wont make that mistake again...
I am a good person but when the world just wants to screw me even further - if there is a way out I will take it...

Do you ALL do the morally right thing ALL THE TIME??? I think not!


If I ever manage to contact the other party I shall update you as to what happens in the end...

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  # 813071 7-May-2013 17:18
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Bee: But of course my wife is employed as a stay at home mum and they make AWESOME money. NOT!

Why did I post this? I came here thinking someone here would know a thing or two and give me good legal advice/experiences and just got abuse based on the morals of it all...

I wont make that mistake again...
I am a good person but when the world just wants to screw me even further - if there is a way out I will take it...

Do you ALL do the morally right thing ALL THE TIME??? I think not!


If I ever manage to contact the other party I shall update you as to what happens in the end...


I think all you wanted to hear was that you/wife have no responsibility in this matter, no need to pay and it was the fault of the person your wife hit as they were silly enough to be in the same area as your wife.




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 


Bee



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  # 813074 7-May-2013 17:27
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I saw a hole in the system/law and I'm thinking about taking it - I was wanting someone to confirm or deny that this hole exists... I don't have a definitive answer but 90% sure this hole does exist...

KiwiNZ, I don't think I'm a bad person - If I had $5M I would gladly be generous and give you some if you asked but as I don't always have enough money to put food on the table for my family at the moment, I'm not going to pay for something unless I HAVE to... I think that's pretty reasonable???






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  # 813078 7-May-2013 17:31
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Bee: [
Im fully insured so one call to my insurance company would sort it all out...  3rd party insurance is a complete waste of money.


No it's not. Are you aware that Fintel  insure your car for up to $5000 damage   even if you only have third party cover on it. I found this out recently when my third party cover only car got pranged by an uninsured driver.   As has been already said, if you can't afford insurance cover then don't drive and I can assure you that my financial position is just as precarious as yours so I totally understand your predictament but I don't agree with your stance.  Contact your insurance company and I am sure they will make some arrangement for you.




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  # 813081 7-May-2013 17:32
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Bee: I saw a hole in the system/law and I'm thinking about taking it - I was wanting someone to confirm or deny that this hole exists... I don't have a definitive answer but 90% sure this hole does exist...

KiwiNZ, I don't think I'm a bad person - If I had $5M I would gladly be generous and give you some if you asked but as I don't always have enough money to put food on the table for my family at the moment, I'm not going to pay for something unless I HAVE to... I think that's pretty reasonable???







being unable to afford it does not abrogate your legal responsibility or moral responsibility.




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 


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  # 813114 7-May-2013 18:25
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Bee: I think that's pretty reasonable???


I think this really depends on what sort of a world you want to live in.

Personally I'd be having a tough talk with the wife...  but I do know just how futile that can be in some relationships.

In my parents day, this was on my dad.  Single income families were normal and poor people just didn't have cars.

The rules have changed.  Today our wives are expected to work in paying jobs. 

I accept that you didn't come here expecting or asking for the moral presentation, but that's what we do on GZ.

As for the legal advice, I think that was answered on page 1.  Again, I'm not a lawyer, but I don't think your wife has a leg to stand on, the debt is hers as she had the crash.






Promote New Zealand - Get yourself a .kiwi.nz domain name!!!

Check out mine - i.am.a.can.do.kiwi.nz - don@i.am.a.can.do.kiwi.nz


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