to claim or not to claim

Submitted: Wednesday, Nov 01, 2006 at 20:47
ThreadID: 39047 Views:2221 Replies:9 FollowUps:7
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Barely been in the city 6months and already the 80 has taken a bingle. Missus was driving me out for tea and while pulling a right hand turn the d head travelling the opposite direction pulled a lefty at speed against the lghts (fully controlled intersection)and our front left ploughed into there front door gaurd area. Everyone was fine but the bottom side area of my roobar is dinged in and the roobar was knocked far enough accross so the scrub bar left paint on the side fender before springing back to about 1-2cm of is original possie. This has moved the gaurd a few mm soi t looks a tough out of alighnment with the bonnet .
really no more than the couple of other minor dings it has .
They tried saying it was our fault but after I said I couldt care whose fault it was my insurance company would sort it out they tried giving me a dodgy address and took of real quick.
So would you let those dodgy panel beaters try and do some minor re alighning or right it off as war damage??
BTW reeely goes to show the effectiveness of steel bars against lasers!!
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Reply By: Exploder - Wednesday, Nov 01, 2006 at 20:57

Wednesday, Nov 01, 2006 at 20:57
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
AnswerID: 202363

Follow Up By: Member - Davoe (Nullagine) - Wednesday, Nov 01, 2006 at 21:12

Wednesday, Nov 01, 2006 at 21:12
I got a street name and that was it - when i mentioned it i got a name and a different steet name and a suburb - So I made sure I got there rego. I showed them my lscense to prove my details were correct but they couldnt do the same back
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FollowupID: 461874

Reply By: nowimnumberone - Wednesday, Nov 01, 2006 at 20:58

Wednesday, Nov 01, 2006 at 20:58
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
AnswerID: 202365

Follow Up By: Member - Davoe (Nullagine) - Wednesday, Nov 01, 2006 at 21:23

Wednesday, Nov 01, 2006 at 21:23
I would be fairly srprised if they
- had a lscense
- had money
- admitted libillity
Much less hassesl to go through insurance, If Ido
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FollowupID: 461882

Follow Up By: The Landy - Thursday, Nov 02, 2006 at 06:36

Thursday, Nov 02, 2006 at 06:36
Get the insurance company to sort it out, that is what you pay for. If you had that much trouble getting their details, imagine what it will be like trying to get their money.
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Reply By: Dave198 - Wednesday, Nov 01, 2006 at 21:26

Wednesday, Nov 01, 2006 at 21:26
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
AnswerID: 202377

Follow Up By: Member - Davoe (Nullagine) - Wednesday, Nov 01, 2006 at 21:31

Wednesday, Nov 01, 2006 at 21:31
put the report in today ended up with (presumably) there name and addy. If it is wrong I have there rego and that is all my ins comp needs - not real interested in talking to them again, the rac call centre girls sound much nicer:)
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Follow Up By: tomjones83 - Thursday, Nov 02, 2006 at 09:32

Thursday, Nov 02, 2006 at 09:32
If you have the registration or even better licence number you are in the clear. Let RAC handle it. I used to work for RACQ in Qld. No dramas with excess, it should be waived straight away seeing as though you have the rego. Your no claim bonus generally isnt affected if you are not at fault. Like previously mentioned... get it fixed, thats why you pay insurance. All you will have to do is 1 or 2 quotes and an assessment. They worry about the rest..
Cheers!
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FollowupID: 461998

Reply By: Luke SA - Wednesday, Nov 01, 2006 at 21:31

Wednesday, Nov 01, 2006 at 21:31
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
AnswerID: 202381

Reply By: Stu050 - Wednesday, Nov 01, 2006 at 21:37

Wednesday, Nov 01, 2006 at 21:37
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
AnswerID: 202382

Reply By: Motherhen - Wednesday, Nov 01, 2006 at 22:37

Wednesday, Nov 01, 2006 at 22:37
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.
Motherhen

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AnswerID: 202398

Follow Up By: Member - Davoe (Nullagine) - Wednesday, Nov 01, 2006 at 23:09

Wednesday, Nov 01, 2006 at 23:09
right I thoght if you identified the other driver - no worries. I will decide what I want to dowhen back in perth in 2 weeks and will question tem on ins and outs. Still a small chance they may try and claim off of us
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FollowupID: 461917

Reply By: pedro the swift - Wednesday, Nov 01, 2006 at 23:41

Wednesday, Nov 01, 2006 at 23:41
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.
AnswerID: 202414

Follow Up By: Member - Davoe (Nullagine) - Thursday, Nov 02, 2006 at 15:30

Thursday, Nov 02, 2006 at 15:30
good point it is pretty much he says she says as to who ran the light although we had been stopped prior to etering the intersection (you must always enterintersections with caution) and they werent. if it were not for the arrows then yea they would have right of way.
I have a bit to think about. i am going to assume if they have not contacted me by the time I get back (2 weeks) they know they are screwed due to not having a liscense (good chance) or knowing they were in the wrong.
If they do cantact me then it is still no biggie as the worst case scenario is paying an excess to get both cars fixed with the possibillity of a fine for failing to give way (doubtfull)- end of the day that is why you pay insurance.
BTW those slip roads are considered a road not part of the intersection and you have to give way to the right which would mean giving way to people turning right - most of the slip roads i have seen actually have give way sighns
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FollowupID: 462095

Reply By: Kumunara (NT) - Thursday, Nov 02, 2006 at 08:36

Thursday, Nov 02, 2006 at 08:36
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.
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AnswerID: 202456

Reply By: Member - Tonester (VIC) - Thursday, Nov 02, 2006 at 13:16

Thursday, Nov 02, 2006 at 13:16
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.
AnswerID: 202532

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