Dropped object in the windscreen!!!!

Submitted: Thursday, Apr 21, 2005 at 11:04

ThreadID: 22253 Views:3305 Replies:10 FollowUps:12

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slyonnet

Well I am back after almost 5 weeks holidays, 2 of which we spent visiting Shark Bay, Coral Bay and Exmouth. All went well except for one thing on the way back 2 weeks ago. We were about 20 km from the Wooramel roadhouse (approx 100kms south of Carnarvon) catching up with a car and its trailer. It was a long stretch of road and I was about to overtake when a stick between 1.5 and 2m long lifted of the trailer and flew as high as 20m in the air. Since there was another vehicle behind me who had been following me for about 20min I couldn't just hit the brakes so I just slowed down and gently touch the brakes while putting my nose against the wheel to see where this bloody stick was. It was so high I had to put my face against the wheel to see it. I though for a second that it was so high we will simply go underneath without any problem, but as soon as I thought that it started to come straight down towards us like a spear. I tried to avoid it but unfortunately it hit the top left corner of the windscreen and made me fishtail a bit causing a bit of fright to the wife and my parents. I then had to chase the guy to stop him and he tried to argue it was not off his trailer. Lucky the car behind us had stopped as well and saw it too cause without a witness I would have had difficulties claiming that to my insurance. After a few attempts to argue it was not off his trailer he finally backed down and say it was probably but later on said that in fact someone else packed the trailer for him so he couldn't know what was in it!
We were very lucky that stick bounced back after pushing in the windsreen and leaving a hole a cracks in it. If it had penetrated fully my mother would have been empaled to her seat.
We then did the 20ks to the roadhouse where the owner kindly gave us some cardbord and tape so we could cover the hole and smashed area and tape the cracks. We did a good job since we managed to do the 900ks left back to Perth like this. Lucky it hit us in tha corner cause it was not obstructing too much my vision. Any other place would have made it hard to drive anywhere.
I have had the windscreen replaced and am now waiting for the insurance to sort out the claim, but I had to pay $250 excess. They told me I would lose it as well as my no claim bonus (resulting in a 20% increase of my premium) if they can't make this guy liable for the damage. I guess it should be easy since we have witnesses, but am worried this guy might not be insured. Does anyone know if the insurance will be successful if that's the case and if not what else could I do to make the w#*nker pay? I already went to fill a accident report to the cops.
Sly.

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Reply By: NathanK - Thursday, Apr 21, 2005 at 11:19

Thursday, Apr 21, 2005 at 11:19

generally, even if the other guy isn't insured, if you can prove he was at fault then you dont have to pay excess or lose no claim bonus. they recoup the costs off him the hard way. at least, that's how HBF, RAC, SGIO and others work. you just need to prove he was at fault and identify him to your insurers.

AnswerID: 107656

Reply By: Member - Brad (NSW) - Thursday, Apr 21, 2005 at 11:22

Thursday, Apr 21, 2005 at 11:22

Unfortuntely you will probably have to rely on his 'honesty' and 'conscience'. Sounds like it will be a long drawn battle for you unfortunately.

good to see everyone is ok.

AnswerID: 107657

Follow Up By: slyonnet - Thursday, Apr 21, 2005 at 11:49

Thursday, Apr 21, 2005 at 11:49

It could have been worse. Like I said lucky the stick did not penetrate into the cabin, but also it's lucky I did not lose control of the car when it started fishtailing. We were fully loaded with 4 adults and the baby and the boot packed up to the roof so I could easily have rolled over.
You're right, I am afraid it could be a long battle but am rather confident since we have witnesses more than eager to help cause they avoided that stick only because it bounced on the side off the road after I tried to avoid it. If not they would have been hit too.
I guess I will just have to be patient and regularly contact the RAC for updates. Meanwhile I am $250 short until they finalise the claim.

FollowupID: 364560

Reply By: Member - Davoe (WA) - Thursday, Apr 21, 2005 at 11:31

Thursday, Apr 21, 2005 at 11:31

bit of a bummer for the trip but look on the bright side you now know you are with the wrong insurance agency and need to change insurers quick smart in case something more serios happens and you get left high and dry. first of all any decent insurance agency covers windscreens (1 per year or so) foc and 2nd of all any decent insurance agency has a no blame polocy such as if you have an accident which isnt your fault and you can identify the 3rd party problem fixed at no charge or penelty BTW which IC was it as we should know which ones to avoid

AnswerID: 107659

Follow Up By: slyonnet - Thursday, Apr 21, 2005 at 11:57

Thursday, Apr 21, 2005 at 11:57

I'm with RAC but maybe I was not clear in what I wrote. You are right they give you one free windscreen per year, but this is only when you have a 55% no claim bonus. Because of an accident without witnesses a few years ago where the other party was also with RAC and denied he was at fault they just declared both of us responsible to get 2 lots of excess and reduce both our no claim bonus, so I am only back to 50% and don't qualify for the free windscreen.
When the claim is finalised and in case the other guy is found liable I will get my excess back and my no claim bonus won't be affected. Meanwhile I have to pay the excess upfront, which I think is ridiculous since the other guy will only pay for the repairs at the time the claim is finalised so I should only pay the excess at that time too in case they can't recover the money.

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Follow Up By: Member - Davoe (WA) - Thursday, Apr 21, 2005 at 13:10

Thursday, Apr 21, 2005 at 13:10

ok I am getting the picture now I 2 am with RAC (no vehicle claims , house is good) might be a case of big print is fine pluss what you get told by the chick at the counter but pays to read the fine print and listen to those with personell experience (yourself)

FollowupID: 364564

Follow Up By: slyonnet - Thursday, Apr 21, 2005 at 13:28

Thursday, Apr 21, 2005 at 13:28

I also thought I could claim the free windscreen per year but found out the fine prints before making the claim and was very disappointed. Very unlucky indeed.
What's funny is that I actually asked the cost of the windscreen replacement to the repairer and it is around $230-240, which is 10 to 20 bucks less than my excess.

FollowupID: 364567

Reply By: motherhen - Thursday, Apr 21, 2005 at 11:40

Thursday, Apr 21, 2005 at 11:40

Bad luck and good luck - it could have been much worse; a close shave.

My insurance cover has "free" windscreen cover per year per vehicle; that is without affecting no claim bonus, but the insuracne companies are now putting an excess on this (it used to be excess free - now $100 excess i think). 1 windscreen claim per vehicle year is normal for us in the country, so the cover is worthwhile.

Tell your insurer to fight it out with the other guy - that is also what you pay them for. If you use a Broker, it would be up to them, otherwise you are at the mercy of your insurance company, but unless both were with the same company (when they tend to apportion blame so they get both excesses and no claim bonuses), i have had success. Good luck.

Hope the rest of the holiday was enjoyable.

Motherhen

AnswerID: 107661

Reply By: Member - iMusty (VIC) - Thursday, Apr 21, 2005 at 12:22

Thursday, Apr 21, 2005 at 12:22

I think you need to fill in the blanks with your own insurance company first.

They will not tell you EXACTLY where you stand but they will give you an fair idea.

Find out from them what happens next...

Then when you find out how they are gonna deal with you, then post something?

I don't think it was a good move on your part to pay the excess and I think a win on this small matter would have set a course direction of blame on the stick guy.

I assume you exchanged details and the like. You have a good witness. I don't think you have anything to worry about. Your excess I am guessing will be refunded to you at settlement of your claim and is a cost you incured to establish the original condition of you vehicle after Someone else damaged it.

I am not a lawer. But common sense suggests that if "I" "me" damage something then I pay ALL the expenses to repair that thing. Or at least my insurance does.

Good Luck. Keep us informed.

AnswerID: 107665

Follow Up By: slyonnet - Thursday, Apr 21, 2005 at 13:33

Thursday, Apr 21, 2005 at 13:33

Unfortunately they don't start the repairs or do anything about a claim until you pay the excess, whether or not you are at fault. For them you're guilty until proven innocent. I think that you should only be ask to pay the excess once the claim is settled in the case you are found liable but they make the rules.

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Follow Up By: Member - iMusty (VIC) - Thursday, Apr 21, 2005 at 13:41

Thursday, Apr 21, 2005 at 13:41

Yeah. I suppose if the situation were reversed and I was the insurance company, I'd handle it the way they did too. Don't get me wrong, It's not personal.

I guess worst case is you get a new screen for $250.

That's not too bad for a 5 week trip eh?

And you get to keep the screen !! Some costs you just kiss goodbye...

iMusty

FollowupID: 364569

Follow Up By: slyonnet - Thursday, Apr 21, 2005 at 13:51

Thursday, Apr 21, 2005 at 13:51

Worst case is I get a new screen for $250. Not really that attractive since I could have got it done for less ($230 to 240 is the cost for a new one fitted) and mine was in perfect condition anyway (only 1 year old and no chips or marks).

FollowupID: 364570

Follow Up By: Bonz (Vic) - Thursday, Apr 21, 2005 at 15:09

Thursday, Apr 21, 2005 at 15:09

I have to ask, why then, if you could get it fixed for less than the excess would you lodge a claim, unless I havent read something correct, I would have just gotten the work done and sent a solicitors letter to the other person, claiming costs etc.

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Follow Up By: slyonnet - Thursday, Apr 21, 2005 at 15:21

Thursday, Apr 21, 2005 at 15:21

At the time I thought getting a new windscreen would cost more than $250. Regardless of the cost of the windscreen, the insurance should be able to make the other person pay it since I have witness so there was no reason to pay for it myself and then pay a sollicitor to make the other guy pay for it. That's one of the reason I get an insurance. So why would I create more trouble for myself by contacting a sollicitor? And we are only talking about 10 or 20 bucks here. The sollicitor fee would have been more than that and there is no guarantee he would be successfull either, just like the insurance.

FollowupID: 364581

Follow Up By: Member - iMusty (VIC) - Thursday, Apr 21, 2005 at 16:54

Thursday, Apr 21, 2005 at 16:54

>Regardless of the cost of the windscreen, the insurance should be able to make the other person pay it since I have witness

That is true. But the reason we are talking about it that you are unsure that it will happen.
Given “that” fact, if it was me I would have made a financial calculation at the point of installing the windscreen and realized that it was cheaper LONG term (and short term in fact) to wear the cost personally and maybe chase the costs through another avenue.

What you seem to have done is cost yourself money in the firstplace being the actual difference between the screen cost and the excess cost. And in the secondplace the higher future premium. (And … you've now made a claim !! )

You will find that if your insurance cannot get a favorable response (and why would they want to? they're not out of pocket) from stick man you may as well not have bothered with them at all.

>So why would I create more trouble for myself by contacting a solicitor?
It seems that you have already inadvertently caused more trouble for yourself anyway.

>There was no reason to pay for it myself and then pay a sollicitor to make the other guy pay for it.
Yes there was! If you had have done that you would have saved $30.00 and got a free letter of demand from a solicitor. If the free letter of demand did not work you would of then run it by your insurance company.

>The sollicitor fee would have been more than that and there is no guarantee he would be successfull either, just like the insurance…
You’re right. There is NO guarantee, but you’d have an extra $30.00 to spend.

FollowupID: 364592

Follow Up By: Member - John (Vic) - Thursday, Apr 21, 2005 at 18:45

Thursday, Apr 21, 2005 at 18:45

Sorry to say you should have read your contract of Insurance, then you would have understood the excess issue.

They will only refund if they can collect of the other guy.
No guarantee they will collect.

Thats the price of motoring today. $250 as said it could have been worse.

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Reply By: Member - Oskar (Bris) - Thursday, Apr 21, 2005 at 13:48

Thursday, Apr 21, 2005 at 13:48

Thought this might be interesting.
A friend of mine was crossing the Gold Coast bridge several years ago and a full length of 1.5" angle lron speared out from the tray of an oncoming truck. It went through the windscreen and right through his chest punching his tie right through to his back.
The length (still attached to the truck at the back) then whipped out again around the windscreen pillar as the truck passed him. The ambo's had to cut his tie at the front and the back leaving a bit sticking out on both sides. He heard them comment through his agony that they reckoned he was a gonner.
He survived and recovered.
Cheers
Oskar

AnswerID: 107673

Reply By: Member - Alan- Thursday, Apr 21, 2005 at 17:25

Thursday, Apr 21, 2005 at 17:25

Your passenger was lucky there Sly.
The cook (wife) was turning right just recently outside the grandsons school and a 17 year old "P" plated loony gave her car a mighty crunch up the rear end. He was uninsured and been on the road only 2 days!
She had a witness and luckily the car was still drivable and she wasn't hurt.

I contacted the SGIO in WA and they took the rough details and sent out a claim form which we filled in and returned.
They told us to contact their smashed vehicle centre where their assessor checked it over. He sent photos to our preferred panel beater and he quoted nearly $5000 to fix it.
Now her car is a "91 Camry in excellent unmarked condition and they agreed to it being repaired which I was really suprised at.
At no time did they suggest that the excess would have to be paid by her at all before repairs would be carried out!
If you've got the other blokes name I don't see why your company should be any different as they're going to get it off him anyway.
SGIO are pursuing the loony through a debt collector.
Someone else made mention of the RAC and I had a car pinched one night years ago, and they made a full payout in 3 weeks!
I had to pay an excess but that was it.
According to their claims officer if a vehicle hasn't been found within a week they just declare it gone and payout.
Good service from both companies.

AnswerID: 107698

Reply By: chris_legend_25 - Thursday, Apr 21, 2005 at 21:59

Thursday, Apr 21, 2005 at 21:59

My wife had someone run up the back of her parked car who was uninsured, and there was an "Uninsured Drivers Clause" in her policy. Basically, if the damages were less than $3000, her insurance company have to pay it, and then go and chase the other guy. At the time, this was a legal requirement of insurance companies (or so we thought).

From memory, the car was written off, but as it was only worth about that, we decided to go for that option. Otherwise, an excess would have been paid, and the guy could have ended up paying it off over 10 years, or something silly.

AnswerID: 107729

Reply By: Michael ( Moss Vale NSW) - Friday, Apr 22, 2005 at 16:20

Friday, Apr 22, 2005 at 16:20

I dont know what the big deal is about.... front windscreens are really a disposable item and normally relatively cheap. If a rock is thrown up by a guy in front of me on the freeway, i can hardy pull the guy over and ask him to pay for it,, its just one of those things.. Just pay up... all over,, and a new clear wind screen,, mmmm

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Follow Up By: slyonnet - Friday, Apr 22, 2005 at 16:35

Friday, Apr 22, 2005 at 16:35

Well Michael if you like to pay up for the stupidity of others that's your problem.
The big deal is that it was not just a rock the guy drove over. It was a fu#%ing long stick that was not properly secure in its trailer and could had cause far more damaged and possibly injuries than just the windscreen. If you had your windscreen smashed by some object that an idiot did not attached safely in its trailer I am sure that you would try to make him pay for the repairs.

FollowupID: 364712

Reply By: Michael ( Moss Vale NSW) - Wednesday, Apr 27, 2005 at 14:27

Wednesday, Apr 27, 2005 at 14:27

OPPPS, i take your point, i hav to say i just skimmed over your post and i didnt get the full gist of what happened.. Yes, i would have done the same thing, expect him to pay!!! I guess it pays to read the whole post.. cheers Michael.
... say Michael slinking away with cap in hand!!!!!

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AnswerID: 108423