Involved in car accident - what are my rights?

AshMan · 26-09-2006, 07:58 PM

Hey guys,

Basically I approached a roundabout (to do a U turn, ie go back in the same direction I came from) waited a bit for a spot to enter, had right indicator on, and as I past the 12 oclock (ie 3/4 of the way around the round about) this silly woman went through the roundabout and hit me.

Now it was a very small impact and has not caused much damage, the front left guard is dinted in and the passengers door pinches.

The lady contacted her insurance company, admitted full liability and the car is going to be repaired.

However, not only do I have to take time off work to take the car into be assessed etc, I'm without a car for a week or more and will have ALOT of trouble getting to work.

I contacted the insurance company tonight and they advised there is no way they can help me with a hire car (at their expense) or a courtesy car etc.

What are my rights as far as demanding some sort of transport etc?

After all, it was the other person who hit me, why should I have to be inconvenienced to the point where I get up 3 hours earlier than I normally do and catch the train to work, then walk 5 km to work, then turn around and do it all again in the afternoon.

Hire cars are expensive, especially being under 25.

Do I pursue the insurance company for the incidental costs (time off work, hire car etc.) or do I write a letter of demand to the person or what?

All of the incidental costs may add up to close to the cost of the repairs...

Any advice appreciated greatly!!!

Ash

Smoked · 26-09-2006, 08:04 PM

Unless is was an agreed part of the policy, none.

But, you may be able to get one and sue the other driver for the trouble, but....

monk3y · 26-09-2006, 08:04 PM

Quote:

Originally Posted by AshMan

Hey guys,

Basically I approached a roundabout (to do a U turn, ie go back in the same direction I came from) waited a bit for a spot to enter, had right indicator on, and as I past the 12 oclock (ie 3/4 of the way around the round about) this silly woman went through the roundabout and hit me.

Now it was a very small impact and has not caused much damage, the front left guard is dinted in and the passengers door pinches.

The lady contacted her insurance company, admitted full liability and the car is going to be repaired.

However, not only do I have to take time off work to take the car into be assessed etc, I'm without a car for a week or more and will have ALOT of trouble getting to work.

I contacted the insurance company tonight and they advised there is no way they can help me with a hire car (at their expense) or a courtesy car etc.

What are my rights as far as demanding some sort of transport etc?

After all, it was the other person who hit me, why should I have to be inconvenienced to the point where I get up 3 hours earlier than I normally do and catch the train to work, then walk 5 km to work, then turn around and do it all again in the afternoon.

Hire cars are expensive, especially being under 25.

Do I pursue the insurance company for the incidental costs (time off work, hire car etc.) or do I write a letter of demand to the person or what?

All of the incidental costs may add up to close to the cost of the repairs...

Any advice appreciated greatly!!!

Ash

Ashman,

A similar thing happend to my dad about 10 year ago.
My advice would be to contact the other persons insurance company and tell them that you require a hire car for the period that your car is off the road - If she had a fully comprehensive policy then they are obliged to cover all of the costs associated with the accident. They won't ok it at first, but if you start threatening legal action then they will see the light and come to the party. Dad ended up with a hire car for about 12-14 days while his car was off the road.
Don't let them bully you into accepting no for an answer.

Hope this helps and good luck with it.

Monk3y

b2tf · 26-09-2006, 08:05 PM

This is why they ask if you want to have a hire car when you renew your policy.

I'd say your only chance would be if the smash repairer has a courtesy car.

AshMan · 26-09-2006, 08:18 PM

Should've mentioned that I don't have comprehensive insurance, just TP fire and theft...

I'm worried that if I winge too much that I won't get anything!

**Polyal** · 26-09-2006, 08:26 PM

Yeah like the others said, unless its agreed to before hand you wont get anything. And no 3rd party I know of does that anyway.

monk3y · 26-09-2006, 08:27 PM

Quote:

Originally Posted by AshMan

Should've mentioned that I don't have comprehensive insurance, just TP fire and theft...

I'm worried that if I winge too much that I won't get anything!

It doesn't matter what insurance you have, but what insurance the other party has. You have already said that her insurance company is going to repair your car so she must have comprehensive insurance. I'd get on the phone to her insurance company and tell them that you need your car to get to and from work and that their client has caused your car to be off the road and that as part of her "comprehensive" insurance that you require transport to and from work. Ask to speak with a manager (not just a desk monkey that answers the phones) and tell them that if they are not prepared to provide you with transport that you will be taking legal action to recover the cost of using taxi's. Like I said in my earlier post, this is exactly what my dad did a number of years ago and it worked.

It's worth a shot - if it doesn't work, what have you lost??

Yaw · 26-09-2006, 08:28 PM

As someone that works in the insurance industry I can say Unless you have a comprehensive policy with a rental car benifit you are not entiled to a hire car. The other insurer is obliged to repair your car .....if you claim through them, you are however better claiming through your own company if you have comprehensive insurance, if the accient is exactly what you say it is you should not need to pay an excess. (word of advice for those with a hire car option....Usually if you need the hire car you need to pay your excess before it will be provided and maybe a deposit on the hire car, your excess if your not at fault will be refunded after the claim is settled). IT IS NOT THE JOB OF ANY CAR INSURANCE to provide for inconvience they insure against damage.

MoreHPformyXR6 · 26-09-2006, 08:29 PM

Quote:

Originally Posted by AshMan

Should've mentioned that I don't have comprehensive insurance, just TP fire and theft...

I'm worried that if I winge too much that I won't get anything!

With alot of insurance policy's offering a hire car option on your insurance policy in case of an accident eg RAA do for $50 per year on top of premium. Iknow with TP & fire & theft that doesnt help you know, but may be worth looking into. I wouldnt have thought no matter what you said to her insurance company they will pay for hire car see how you go though. So you have a car to use make sure repar is done be a repairer who has courtesy cars. Some of em might be a bit ordinary but if it gets you from A to B for a week then its done its job.

AU-MUSTD · 26-09-2006, 08:36 PM

Crap happens and i'd be more happy about the fact the other party has insurance and hasnt tried to rip you off. If the inconvenience of travelling to work is too much then take a weeks holiday off. Your car will be fixed and you were not hurt so look at the positives.

AshMan · 26-09-2006, 09:06 PM

Just got off the phone again...

They will provide a hire car if I can prove that I need it for a trade.

I can prove this, as I carry bulky tools and often have to go and fetch parts and drop off and pick up customers... I asked about this and they agreed to provide a hire car if I get a letter from the trady I work with...

hope this is sufficient.

AshMan · 26-09-2006, 09:08 PM

Quote:

Originally Posted by AU-MUSTD

Crap happens and i'd be more happy about the fact the other party has insurance and hasnt tried to rip you off. If the inconvenience of travelling to work is too much then take a weeks holiday off. Your car will be fixed and you were not hurt so look at the positives.

It's not an inconvenience travelling to work...

It's bloody easy when I have my car... which this woman has effectivly taken off me for a week...

Try and see my side of it... this stupid doddery old woman did the wrong thing, and her and her insurance company deserves to be taken for all they're worth.

Longreach · 26-09-2006, 09:16 PM

Quote:

Originally Posted by AshMan

It's not an inconvenience travelling to work...

It's bloody easy when I have my car... which this woman has effectivly taken off me for a week...

Try and see my side of it... this stupid doddery old woman did the wrong thing, and her and her insurance company deserves to be taken for all they're worth.

You said she openly admited and called her insurance company telling them it was her fault. The woman is in the wrong yes, but we all make mistakes atleast she was big enough to say that it was her fault.

I can understand your anoiance at the fact that it is going to distrupt your days to a certain degree, but at the end of the day things could always be worse.

So no need to get all huffy at her in my opinion.

uranium_death · 26-09-2006, 09:44 PM

Insurance companies try to do as little as they can, and will openly refuse to help in the grey areas, regardless of whether it was your fault or not.

So as said, pressure them.

The fact that she admitted guilt is GOLD.

Smoked · 26-09-2006, 09:50 PM

Quote:

Originally Posted by AshMan

Just got off the phone again...

They will provide a hire car if I can prove that I need it for a trade.

I can prove this, as I carry bulky tools and often have to go and fetch parts and drop off and pick up customers... I asked about this and they agreed to provide a hire car if I get a letter from the trady I work with...

hope this is sufficient.

Good stuff mate.

AshMan · 26-09-2006, 10:16 PM

Ahh might be a good excuse for a few days off...

and atleast I'll be getting 2 shiny new panels and new badges on the guard etc...

:

s'all good.

LTDHO · 27-09-2006, 07:29 AM

Quote:

Originally Posted by uranium_death

Insurance companies try to do as little as they can, and will openly refuse to help in the grey areas, regardless of whether it was your fault or not.

So as said, pressure them.

The fact that she admitted guilt is GOLD.

Ummm, no.

If you have suffered a loss and you can mitigate the the loss. The the other insurer will refund you, after all you are claiming on other persons insurance, not your own, so it is irrelevant what cover you have.

AshMan · 27-09-2006, 06:07 PM

Quote:

Originally Posted by LTDHO

Ummm, no.

If you have suffered a loss and you can mitigate the the loss. The the other insurer will refund you, after all you are claiming on other persons insurance, not your own, so it is irrelevant what cover you have.

Thats what I would have thought, but its sorted now so its all good.

Will update as to the finished product and etc etc.

05MkIIFutura · 27-09-2006, 06:26 PM

Quote:

Originally Posted by AshMan

What are my rights as far as demanding some sort of transport etc?

Your rights are the same as any other man (or woman). Its your own responsibility to get ur backside to work. If u paid your insurer extra they would give you a hire-car. But for minor damage where your car is still driveable there is definately no need for compensation. Even if your car was beyond driving, it is still a case of "too bad, deal with it".

Quote:

Originally Posted by AshMan

After all, it was the other person who hit me, why should I have to be inconvenienced to the point where I get up 3 hours earlier than I normally do and catch the train to work, then walk 5 km to work, then turn around and do it all again in the afternoon.

Do I pursue the insurance company for the incidental costs (time off work, hire car etc.) or do I write a letter of demand to the person or what?

There comes a point where you need to stop trying to slap others wjust because they made a mistake. Yes, the driver didnt see you and luckily you are covered for the damage to your car, but think about it if you were in their shoe's and they started chasing you for a day off work!!

GT-E · 27-09-2006, 08:46 PM

I was rear ended by a chick on Saturday. We are both insured by NRMA and after I put in my claim, I asked about a hire car. They said that my policy did not have provision for a hire car, but to ask the panel beater if they had one. I informed them that my car is used for business and they can claim from themselves the money for a hire car as it was not my fault. I found the person on the phone was deliberatly deceptive about my rights, as I have every right to claim a hirecar.
Might go and rent an Audi @$200 per day just to pi$$ them off.

Yaw · 27-09-2006, 10:00 PM

Quote:

Originally Posted by ZapXR6T

I was rear ended by a chick on Saturday. We are both insured by NRMA and after I put in my claim, I asked about a hire car. They said that my policy did not have provision for a hire car, but to ask the panel beater if they had one. I informed them that my car is used for business and they can claim from themselves the money for a hire car as it was not my fault. I found the person on the phone was deliberatly deceptive about my rights, as I have every right to claim a hirecar.
Might go and rent an Audi @$200 per day just to pi$$ them off.

Demurrage is claimable if you can prove it was needed, ie mowing contractor transporting his equipment. and there is also another thing that comes into the equation......fair and reasonable payment. For instance if you have a falcon gli sedan and then hire a vehicle like an audi you would get back the amount of money that the insurance company could hire a falocn for per day only if it was nessecsary to have a vehicle that big. If not the fair and reasonable amount would be the amount you could hire a small 4 cyl to get you to and from. So please by all means hire your Audi but don't cry too loud with the bill you rack up for yourself.

P.S. You say you informed them you use your car for business useage, i wonder if you told them that it was for private use when you paid your premium. (remember this when your renewal comes out as business usage is more expensive than private usage) May turn out to be you are the decptive one if you did tell them its private use when you took out the policy.

I am in not saying you have done this but it illistrates what insurance companies have to put up with every day.

Walkinshaw · 27-09-2006, 10:10 PM

What is it with people saying "she admitied fault dont slug her for your costs for getting to work. Or "tough luck."

Fact is she hit your car. She is responsible for repearing any damage to your vehicle, and to cover the cost of any inconvenience the loss/damage of your vehicle costs you. Wether she has insurance has not one thing to do with this topic.

GT-E · 27-09-2006, 10:51 PM

Quote:

Originally Posted by Yaw

Demurrage is claimable if you can prove it was needed, ie mowing contractor transporting his equipment. and there is also another thing that comes into the equation......fair and reasonable payment. For instance if you have a falcon gli sedan and then hire a vehicle like an audi you would get back the amount of money that the insurance company could hire a falocn for per day only if it was nessecsary to have a vehicle that big. If not the fair and reasonable amount would be the amount you could hire a small 4 cyl to get you to and from. So please by all means hire your Audi but don't cry too loud with the bill you rack up for yourself.

P.S. You say you informed them you use your car for business useage, i wonder if you told them that it was for private use when you paid your premium. (remember this when your renewal comes out as business usage is more expensive than private usage) May turn out to be you are the decptive one if you did tell them its private use when you took out the policy.

I am in not saying you have done this but it illistrates what insurance companies have to put up with every day.

My car is a company car, owned and registered by my company. One of the few perks left being a company owner.
I also have NRMA Fleet insurance, so it is for a business registered car.
I know it pays to be honest with insurance companies or it can end in tears.

AshMan · 28-09-2006, 07:31 AM

Quote:

Originally Posted by Walkinshaw

What is it with people saying "she admitied fault dont slug her for your costs for getting to work. Or "tough luck."

Fact is she hit your car. She is responsible for repearing any damage to your vehicle, and to cover the cost of any inconvenience the loss/damage of your vehicle costs you. Wether she has insurance has not one thing to do with this topic.

Bloody oath!

Glad a few people can see my point of view...

and the thing about the hire car being of an equal standard...

They will only shell out for a Hyundai getz (3 door).

I said this is not good enough, as I am 6"3' tall, so they said they're going to give me a ute.

I got work to sign the letter yesterday and I faxed it off, so I should be getting the car repaired next week.

Laminge · 28-09-2006, 09:24 AM

What happens next time, god forbid, if the accident is your fault and the car is off the road for an extended period of time?

Sounds like you have a bugger of a trip into work without a car.

pauljh74 · 28-09-2006, 10:42 AM

Quote:

Originally Posted by Laminge

What happens next time, god forbid, if the accident is your fault and the car is off the road for an extended period of time?

Sounds like you have a bugger of a trip into work without a car.

Go somewhere like rent-a-bomb and hire a car cheap.

AshMan · 28-09-2006, 08:33 PM

Quote:

Originally Posted by Laminge

What happens next time, god forbid, if the accident is your fault and the car is off the road for an extended period of time?

Sounds like you have a bugger of a trip into work without a car.

I know where this is leading and yes, it would be a pain, stress on my wife and stuff that, but arrangments could be made if need be.

It would mean about 3 hours on public transport (which would force me to start work an hour or so later) or it would mean that my wife would drive me to work then double back to go to her work, we work similar hours however I work about 4 times the distance away than she does...

I think you are suggesting that I should've had comprehensive insurance etc etc and that they would sort it all out...

There are people that have the opinion that if you can't afford comprehensive then you shouldn't be driving etc etc...

However I cannot justify spending $2000 a year insurance on a car that is worth $5000 at most, with nearly $2000 worth of excess...

I have other reasons also that I would prefer to keep to myself.

It should all be sorted now which is good, I'll be ringing them tomorrow to confirm that they have received my fax and to get it up and running ASAP.

Will keep updated.