Exploder replied:

I would get if fixed buy the sounds of it, but that’s just me as I don’t like having dent’s in my car’s.

They gave you the name of a dodgy panel beater to get it fixed at or they tried giving you “dodgy” details about them self?

What’s the name of the Panel Beater they told you to go too?

If you claim it on insurance get all the other bit’s done at the same time LOL

nowimnumberone replied:

well if your not real concerned about it get a few quotes and offer the people who hit you the choice of paying you cash and not worrying about insurance hastles and go out for dinner again.
for free.
if you are worried about it go get the buggers.
cheers

Dave198 replied:

Davoe, just make sure you report it to the police, and also state that they drove off without giving you their details.
That way youve covered you rear bumper.
Not sure if the police would give you the other parties Nmae and addrexx due to all the privacy laws nowadays.
Dave

Luke SA replied:

If you got there rego number and you think you were in the right, i would go to the police and make a claim with your insurance company.

I did the same when when someone hit my patrol in the car park at work.
I had two wittnesses tho and video survailence and took photos of damage on both cars so that prolly would make a difference but i would still look into it with my insurance company

Hope this helps

Cheers Luke

Stu050 replied:

Get it assessed by your insurance Coy, they will tell you where and when it is to be fixed, then your insurance Coy will chase the other party for the money.

My .02

Motherhen replied:

Davoe, if you claim you will have to pay the excess. They rarely recover that from another party. You will also lose your no claim bonus if they can't recover it (finding the people isn't enough - they have to get the money out of them). They will apportion the blame anyway - unless someone (readily and correctly unidentified) rear-ends you, or the car was parked unattended, some blame is always attributed to both parties, even if you couldn't possibility get out of the way.

If it doesn't affect the driving, leave it as war damage.

When my younger daughter first got her licence, someone ran into the rear when driving on a wet road. He first tried blaming this (so he thought) new driver uninformed little girl. The he said he would get her car fixed, but he sounded real dodgy when he asked her not to report it to the police. At that point she decided no use giving him a deal - she informed him she would claim it on insurance, they would pursue him, and she would put in a police report. He didn't know the witness, her passenger, was also the local policeman's daughter. Back then, insurance company's were kinder than they are now. They paid us in full then pursued the other party. I doubt you'll get an insurer to do that these days.

Don't sign on the bottom line for an insurance claim unless you are sure it won't be too costly for you. You can't reverse an insurance claim.

pedro the swift replied:

Hi,
If you were doing a right turn and they were turning left, I would have thought they had right of way regardless of lights. Its VERY hard to prove that lights were in your favour.
In QLD I believe the give way to the right rule still applies regardless of signs etc. and I am sure that cars turning right have to give way to oncoming traffic even if they are turning left.
I know its a often rule forgotten specially where there is a "slip" road fo rthe left turner.
Also I thought that drivers had to produce their licenses in such cases anyway when taking details. The fact he had no license to show is rather suss. I would claim anyway and let the insurer chase him (depending on your excess and final cost) cos i doubt you will get any cash from the other party.

Kumunara (NT) replied:

1. Report the matter to police.
2. Have your insurance company sort it out.

This depends on the cost of repair. You will end up having to pay excess and may lose your no claim bonus. If the costs of repair is less than the excess I would get the damage fixed at my expense.

Legally the civil court will attribute responsibility for the collision on a percentage basis and about the only time they will attribute 100% is if someone collides with a vehicle which is legally parked. If you are driving on the road the court will always attribute some of the blame for a collision to you.

If any Traffic Offences are committed in the accident and they are prosecuted that matter goes to a Court of Summary Jurisdiction. To ascertain what offences were committed read the Australian Road Rules.

Member - Tonester (VIC) replied:

Don't like to say it, but from the way I read your description you'll have trouble proving you're missus was in the right unless you got a witness or other evidence. Right hand turned gives way to left, and if he denies running a red light and you don't have a witness...

A truck hit my right rear quarter once at a place, and it was most definitely not my fault. Unfortunately it happened near a left lane merge spot (hence used in truckies story). And the truck driver also left the scene within a few seconds.

1. Reported to cops with rego and lodged claim
2. Truckie apparently said to cops he left the scene cause he was in fear of his personal safety from me (like, huh...?) and cops let him go. Total fabrication to cops & insurance.
3. Insurance said cause damage was on the side and not on rear, with no witnesses, there is nothing they can do to prove it was not my fault. So no payout on claim. (I did spit it totally with them, and a compromise was reached in the end)

I take my learnings from this to your spot... You'll need a witness if you want to prove your story, unless the other guy is honest (by the sounds he is not), and you will be liable if you can't.

Personally, I'd set the cops on him and lodge a claim and let them sort it out. BUT don't get the damage fixed yet (esp if you are not very concerned with it). Without the cost of damage repair already incurred, you can drop your claim. The pressure of cops & insurance may make the guy see the light.