Yet Another Insurance/Accident Question

brodfloyd · 04-10-2007, 10:39 AM

hi everyone,
thankyou in advance for your (hopecfully) replies.
I just have a question about insurance an i'm sure someone will have had a similar experience.

below in brackets and italics is my very long version of the story, its inconsequencial so you dont have to read it, but i do want to explain why i reversed into someone so you dont think im tyrone from the movie snatch. "when you reverse, things come from behind you - It was a funny angle." so just scroll through if it gets boring there is a short version at the bottom.

(About 2 months ago, i reversed into someones car.

i pulled into a red rooster, wanted to get some drive through, went up to where i thought there was the drivethrough only to find out it didnt have one and that it was the loading dock.

so i reversed back down the thin driveway to where the carparks were. The red rooster was on a corner with traffic lights and the girl i hit didnt want to wait for the red light to change so took the short cut through the carpark cos she was gonna turn left anyway.

It was dark, it was a steep up hill slope so i couldnt see her headlights. Also, driving a long falcon stationwagon didnt help with visability. she also had driven straight past all of the parking spots in the empty carpark, to the bit where the driveway gets all thin again near the exit, so i didnt expect anyone to be behind me because if anyone was to come into the carpark they would park, not head straight through to the exit/loading dock{if that makes sense.

that is my excuse anyway and im sticking to it.

i reversed into the car very slowly causing no damage to the mighty falcon but some minor damage to the other vehicle (taking off some paint on her cars bumper and putting a ding/bend in her bonnet.) Very minimal damage, but, it was technically my fault, and im liable, she was pretty stroppy, but i just apologised, gave the lady my details told her i had insurance and told her to ring me so we could get her car fixed on me, asap.

anyway, she doesnt ring back (the accident happened on a friday, i hear nothing til the next wednesday) when the RACV call me and tell me they are handling her claim, i say fair enough give them my personal details and they ask me for the insurance.

The car is registered to my family company and I didnt know the details, but i said that because it was so minor and the excess and increase in premiums and effect to my rating would probably cost me alot more than just paying for it to get fixed, they said that i could pay cash if i wanted to, but they'd ring back in a few days for the details anyway.

So i rang up the boss straight away and i asked the person who does our insurance what my options were and they said that i didnt have to immediatly give my details until i got some quotes on how much it was going to cost to fix. So when the RACV called back i said, i dont want to alert my insurance company unless there was more serious and expensive damage than i had expected, and that until i get some quotes i want them to deal with me because i'll just pay directly for the repairs if the price is reasonable. I told them i had notified my company and they told me that this should be the best way to go, but if i needed to make a claim because of the cost that was no problems, the racv said yeah sure no problems got the details of the company that owns the car and said we'll mail you the quotes asap.

Well that was 6 weeks ago, no quotes, no calls, nothing. )

Short story version,

I had minor accident, my fault, no damage to my car, small damage to other car. Gave personal details, other cars insurance company rang me, told them I didnt want to make an insurance claim with my company til I got quotes because it may be cheaper/simpler for me to pay cash to get the other car fixed. they said ok thats not a problem, they'd mail me quotes. That was 6 weeks ago and i've heard nothing since.

What i want to know is, when does my liability end? what do i do? Im not looking to get out of paying for damage i caused. I'm not like that, I want do the right thing by the other person because after all it is still technically my fault and i dont want a bad name/reputation/record.

If i got quotes in the mail now, saying it was assessed soon after the accident happened i would just pay/inform insurance, depending on the cost.

But if i they were dated this week for example, where do i stand? what should i do? Anything could have happened since the accident, (another accident/damage got worse/more expensive to fix because it was continued to be used instead of fixed immediatley etc). What are my rights/responsibilities?

Im worried i'm going to get a suprise bill when i can at least expect/afford it with an exorbitant cost, however because its been so long since the accident that my insurance company wont pay. Or that something has been lost in translation between me, the racv and the other car and that the racv/lady i hit think that i said "get stuffed it wasnt my fault/i dont have insurance and im not gonnna pay" and that i'll end up on some bad person list and never get insurance again.

Surely if the quotes have been lost in the mail, the insurance company would ring me to ask why i hadnt replied.

I wish that the lady had dealt with me directly, because then if she had got it fixed and it didnt cost much and she cancelled her insurance claim, instead of her being out of pocket i would have just paid for it.

I dont like not knowing what is going on, and unfortunately i dont have the claim number and i only gave the lady my details instead of getting hers too. I dont think ringing the racv and saying "i had an accident with some one you insure, but i dont know who they are or the claim number, can you give me some details?" is gonna get me very far.

Any help/opinions muchly appreciated.

fairBA · 04-10-2007, 11:09 AM

chase them up before they try to claim any extra damage that maybe unrelated. Make a few attempts over a course of a month or so and deal with response accordingly. If you dont get a response, send a final letter to them saying that you've tried to fix the problem and if they don’t contact you within a week or so, you wont be contacting them anymore.
I think you'll be better off pay for the damage now rather then having them come back to you later on. As for when your liability ends, ask your insurance co, don’t have to make a claim, just ask them for advice. Maybe phone anonymously. Keep records of all your contact attempts - may be needed later. If your paying for it - you have a say as to where is gets repaired. If you have photos, take them to a work shop for rough estimate.
Don't wait - sort it now. hope this helps

fairBA · 04-10-2007, 11:16 AM

Quote:

Originally Posted by brodfloyd

Im worried i'm going to get a suprise bill

This will happen.
They will have the car repaired (maybe already) without your knowledge. as its your fault, you just get the bill.

If your paying - you choose (within reason) based on quotes provided by other party where it gets done.
Insurance quotes always cost more than you think.
what ever you think the repair cost is worth - add half of that and the figure will be closer to the final amount

brodfloyd · 04-10-2007, 11:23 AM

yeah thanks fairBA, thats what i was worried about, i'll just have to ring. the problem is that i dont know very many details from the accident, or her contact details so tracking it down with the racv is gonna be hard i think. it was just so minor that i thought we'd just work it out over the phone directly so i didnt pay enough attention.

fairBA · 04-10-2007, 11:30 AM

If the co called you then sorely they can search there database by your name and give you a claim number. wont even need the details of the lady. Then, as above, phone/write/email the co every second or thrid day or so with the claim number asking an update or progess report....... Using paper/email is better than phone as you will have a better record as to what was said.
seen this stuff happen a lot before.

brodfloyd · 04-10-2007, 11:40 AM

yeah, i just rang them now, because i dont have the claim number or her name or rego number i cant get any information about the claim, they cant search for my name on the database either, they transfered me through to the legal dept, and they said, that basically im screwed until they contact me, and that they have no way of logging my calls.

im just hoping the contact me soonish.

Poorboy_racer · 04-10-2007, 11:41 AM

Phone the AA if your not a memember get someone who is, and ask for advice. Thats what they do, and its free.

I once had an acident in France in a borrowed car, my passenger said "go" and forgot we were driving on the Right hand side (he was looking the wrong way, 'ídiot'). I hit a German Car. We cant speak German they couildnt speak English and nether of us could speak french very well. Ended up a nightmare. We put a really small dent in the back of their Comby (what else would they drive) nothing really. Got a call from their father wanting a bloody fortune to fix it. Said it needed a new engine, which it did, but not because of anything we had done, was a heap! I said no! I will give you this much (my passenger was a mechanic so had a fair idea of the damage). Ended up me getting a summonse to appear in Court in France, and provide English to German, German to French, French to German and French to English translators at my expence. My dad wanted to pay up the full amount to get it sorted. I said No way !! a matter of principal here, I offer way more than the actual cost of repair and they are being gready. And trying it on. Went to a soliciter and got him to draft a letter. Sent it to them, never heard back. They realised I was serious and actually got no money at all from me. The soilicers fees where bugger all. I would have paid something as it was my fault but as they were being gready they got nothing. I would hardly be on Interpols no 1 list if I never turned up at the french court anyway.

fairBA · 04-10-2007, 11:44 AM

Maybe time to phone your co in the advent the cost is high - thats whats it's there for. You'll find that you co will be able to get the claim number from the other co. Just tell your co that you want to pay. If it less than your excess, you will pay anyway. Your paying for your insurance, see what they can do. at least to sheild you against that nasty bill.

brodfloyd · 04-10-2007, 11:48 AM

ah dear, there is no way that this is going to end well.

basically, racv can charge me whatever i want because i reversed into someone and was too stupid to get her details and only give her mine.

if they choose not to contact me thats my problem not theirs.

fairBA · 04-10-2007, 11:49 AM

Quote:

Originally Posted by Poorboy_racer

Got a call from their father wanting a bloody fortune to fix it. Said it needed a new engine, which it did, but not because of anything we had done, was a heap! I said no! I will give you this much (my passenger was a mechanic so had a fair idea of the damage). .

It makes me soo sick to read this. hope it works out

fairBA · 04-10-2007, 11:50 AM

Quote:

Originally Posted by brodfloyd

ah dear, there is no way that this is going to end well.

basically, racv can charge me whatever i want because i reversed into someone and was too stupid to get her details and only give her mine.

if they choose not to contact me thats my problem not theirs.

What do you est the cost to be - how much are we dealing with??
less than $500?
less than $1500?
More$

brodfloyd · 04-10-2007, 11:57 AM

there really isnt any repair that im not going to get charged less that 500, thats not how panel beaters stay in business, they need cash too. even if it is just a scratch. i anticipate between 500-1000 dollars max. but who knows, thats why i was waiting for the quotes to make my decision whether or not to lodge a claim with my insurer.
My excess is likely to be around 500, then im 22, so add another 500 and then the increase in premium as well, i figured i may as well bypass that and just pay for it.
However if it was much mroe than that i would have made a claim, after all thats what insurance is for.

also in my experience, when a panel beater knows you are paying cash and not using your insurance they tend to do you a much better deal.

fairBA · 04-10-2007, 12:13 PM

Quote:

Originally Posted by brodfloyd

also in my experience, when a panel beater knows you are paying cash and not using your insurance they tend to do you a much better deal.

That’s because beaters know what co's will pay. Beaters know the value of the damage and (in high cost repairs) the value of the car. they know what they can change to the co before the car is written off. If they stay a tad under this then they get big $$$ instead of $0 if the cars written off. In this case, they will know every possible thing they can do, paint, remove bumper/panels - anything whether is needed or not and charge for it. That’s why the quotes will be much higher than you think. You may find that "as a result of impact, the radiator needed repairing or replacing" without considering it's condition before you ran into the car. same with scratches/paint marks, you may have only made one tiny mark, but there may have been lots of others and a dint or 2 but guess what - you can't paint half and panel and they wont paint a panel with dints. So, you'll be paying for your mark + all other marks + plus the dint + removal and fitting of panels (if needed), not to mention that once painted it will have to sit to dry for a day or, if other party gets a hire car, you pay for this to.
This is how it all adds up. Sorry that it's not going to make you fell better, but you'll be better for the experience regardless of the outcome.
good luck

brodfloyd · 04-10-2007, 12:17 PM

yeah, thats true, but in all seriousness none of these things will need to be done, it is really just panel damage, and its only an early nineties lancer. I wont let myself get screwed when it comes to picking a quote, however, if they already picked one and want me to pick up the tab, then there will be hell to pay.

fairBA · 04-10-2007, 12:21 PM

Quote:

Originally Posted by brodfloyd

yeah, thats true, but in all seriousness none of these things will need to be done, it is really just panel damage, and its only an early nineties lancer. I wont let myself get screwed when it comes to picking a quote, however, if they already picked one and want me to pick up the tab, then there will be hell to pay.

When they come to you with a quote, ask to see all 3. If the insurance picks it, they pay.

brodfloyd · 04-10-2007, 12:29 PM

Quote:

Originally Posted by fairBA

When they come to you with a quote, ask to see all 3. If the insurance picks it, they pay.

really???

if they picked a repairer without my consent do they pay the whole cost?

Pinch · 04-10-2007, 12:32 PM

"however, if they already picked one and want me to pick up the tab, then there will be hell to pay."

You will need to be prepared for this then. Make written notes (even now) of what damage there was (what you can remember after the months gone by). If you get hit with an exhorbitant bill, get a few quotes from smash repairers for likely repairs (ie bonnet ding and bumper touch up).

A word of warning though, early 90's jap cars can be expensive to repair. Smash repairers will likely say the bonnet, bar and grille need replacing along, especially if its an insurance claim, with associated costs of remove, supply, paint and fit along with new badges etc etc. Could cost upwards of $1500 - worst case though with a smashy really trying it on.

Best advice though is that from fairBA, document EVERYTHING and try and keep an paper/email trail.

brodfloyd · 04-10-2007, 12:37 PM

Quote:

Originally Posted by Pinch

"however, if they already picked one and want me to pick up the tab, then there will be hell to pay."

You will need to be prepared for this then. Make written notes (even now) of what damage there was (what you can remember after the months gone by). If you get hit with an exhorbitant bill, get a few quotes from smash repairers for likely repairs (ie bonnet ding and bumper touch up).

A word of warning though, early 90's jap cars can be expensive to repair. Smash repairers will likely say the bonnet, bar and grille need replacing along, especially if its an insurance claim, with associated costs of remove, supply, paint and fit along with new badges etc etc. Could cost upwards of $1500 - worst case though with a smashy really trying it on.

Best advice though is that from fairBA, document EVERYTHING and try and keep an paper/email trail.

thanks pinchy, thats what i've done. thats why i wanted to see what the quotes were before deciding whether to go down the insurance route, its not that i flat out didnt want to, i just wanted to see what the best option was. i used to own an early nineties jap car and you are right, but one of my mates from school's dad is a panel beater and i was going to get him to check the quotes anyway. you are right, it depends on how much the repairer wants to charge, i can see them replacing the bonnet and thats all. because the falcon is so much higher than the lancer, my bumper just kinda leaned up against her bonnet. who knows really? thats what quotes are for!! and why im annoyed i havent got any.

fairBA · 04-10-2007, 12:48 PM

Quote:

Originally Posted by Pinch

A word of warning though, early 90's jap cars can be expensive to repair. Smash repairers will likely say the bonnet, bar and grille need replacing along, especially if its an insurance claim, with associated costs of remove, supply, paint and fit along with new badges etc etc. Could cost upwards of $1500 - worst case though with a smashy really trying it on.

Best advice though is that from fairBA, document EVERYTHING and try and keep an paper/email trail.

ya - for me it was Madza Fu*king Madza - tin can built. 1 peice body lenth panels.

Second hand parts are hard find for all these jap models as well. In particular, headlights, front bumpers, grill, bonents front ends in general. people that drive them keep running into things. making personal repair costs high

fairBA · 04-10-2007, 01:00 PM

Quote:

Originally Posted by brodfloyd

really???

if they picked a repairer without my consent do they pay the whole cost?

I cant give you a legal stance other that what I have delt with in my on dealings in similar - Its your money, you decide how to spend it, not them. They can't spend your money. It maybe there car, and they have the right to inspect it once the work is done and they can and send back if not up to standand. it works both ways

I just have a personal interest in this as these insurance things p*&s me of soo soo much. you just cant win when trying to do the right thing, and you cant drive around without insurnace

brodfloyd · 04-10-2007, 01:24 PM

well thanks for the advice mate, you can tell that you are knowledgeable in this area. And you are right, you wanna do the right thing, but at the same time keep yourself from being exploited and if i had no insurance i'd be totally . im just worried the young lady i ran into is driving round with a car with a bent bonnet thinking im a mongrel, or that she got the whole front end rebuilt and is sending me the bill,.

fairBA · 04-10-2007, 01:34 PM

good luck - keep this updated.

Kashmir Mafia · 05-10-2007, 10:11 AM

Quote:

Originally Posted by fairBA

I cant give you a legal stance other that what I have delt with in my on dealings in similar - Its your money, you decide how to spend it, not them. They can't spend your money. It maybe there car, and they have the right to inspect it once the work is done and they can and send back if not up to standand. it works both ways

I just have a personal interest in this as these insurance things p*&s me of soo soo much. you just cant win when trying to do the right thing, and you cant drive around without insurnace

A couple of points here for you.

1. There is no requirement for the insurance company to provide more than 1 quote as long as the quote has been assessed for accuracy by a suitably qualified assessor

2. They are not spending your money, they are spending their own to undertake repairs in accordance with the damage and quotation obtained. They then have a legal right to recover this money from you

3. You will probably find the delay in RACV contacting you is that the owner of the vehicle has not booked the vehicle in for repairs or the repairer has not yet billed RACV

4. A quotation for repairs would already have been obtained which would have been the trigger for RACV to contact you.

5. If their are delays caused by the owner of the vehicle which have increased the cost of repairs you will not be liable for these costs. When repairs are complete, make sure you also receive a copy of the original quotation as well as the final repair invoice so you can compare the work undertaken to the work completed.

6. RACV penalise their repairers for inaccurate quoting which may provide you with some sense of security about the cost of repairs "blowing out"

Yaw · 05-10-2007, 05:14 PM

To answer your question when liability ends: they have 7 years to make a claim.

As for them going through thier insurance , they are entitled to do this.

By law they only need to give you 1 quote.

If they have had it fixed already which they probably will they will recover off you the amount they spent on the claim Fair and reasonably.

Keep in mind RACV will not authorise work without thier assessor looking at the quote from the repairer to make sure it is consistent with the damage caused in the accident and that the repairer is using the best and effective method of repair and he will check on parts costs also. So whatever they are recovering is usually a fair amount for damage that has happened.

As for some that have said panel beaters jack the price up for insurance, what is actually the case is they put the price up to offer a proper repair not a cheap dodgy one. For instance if the car previously had paint protection it may not get that if the repairer is doing it on the cheap.

You do have the right to ask the insurer for thier Proof of loss prior to paying so you can get a professional to look over the bill to ensure consitency with the accident. If you are going to dispute costs you will need a professional Assessor or panel beater to give a written report of what is unfair in the cost of repairs.

As for how long to get repaired, well a lot can depend on the convience of the person being without a car. In my experience a lot of school teachers will actually ask to wait until school holidays to get thier repairs done so they are not without a car. Just using that as an example of why it may take time to get quotes or repairs done. Sometimes the insurance company will not waive an excess until they are sure they can recover from the other party, which then means some people will jot get thier car fixed until the excess has been waived....lots of reasons for why it takes so long for someone to get cost of repairs to you.

AWD Chaser · 05-10-2007, 07:17 PM

If you don't carry a camera, or have one in your mobile phone, get a disposible one and keep it in the glove box...

So WHEN you do hit someone, take pictures of the damage, and a picture of their speedo/odo, so you can tell if they have been driving the car which could have made damage worse...

A bit late for you now buddy, but a warning to all...

**Jastel** · 05-10-2007, 08:41 PM

Agree with chaser, nowdays most phones have cameras, I take shots of all damage to both cars, numberplates (hard to read peoples writing when they are in shock after an accident), street signs, drivers license, locations anything that seems relevant. Also lots of intersections have CCTV cameras which can be used in court cases, but Police must be involved for this.

I have taxis and there are always accidents, small and major, it is amazing how drivers hand me a piece of paper with a first name and a mobile phone number and say I hit this persons car!!! You need as many details as possible.

Due to our high excess costs I often settle without insurance companies involvement when it is my fault. I have 3 outstanding cases at the moment, I am not worrying about it, if they don't call they don't get paid. If they bypass you and contact your insurance company your company will want your side of the story anyway, they will not just pay up without contacting you. Conversely I often fix my own damage caused by others to get the taxi back on the road ASAP and thereby minimise the expense to the OTHER insurance company and it is amazing how unhelpful they can be even when your quote is 1/3 of what a panel beater would charge. They request invoices, quotes, GST statements, the last 6 months income figures for downtime etc etc, anything to stall you. If after 2 months I get no joy I go straight to the small claims court. $45 and they are in mediation at least and now YOU are stuffing THEM around. They normally pay up then.

I know what a pain it is, document every call with date time and persons name, (you will never get the same person twice) or alternatively keep the details but just let it go and hope for the best. Her car might have been written off the next day so you will never get a claim.

brodfloyd · 11-10-2007, 10:27 AM

Just an update;
thanks for the advice everyone.
However, after reading some of them I really began to stress out after reading some of the posts on here.

To recap for those not familiar, I reversed into a car, no damage to my car, very little to theirs, get a couple of calls from their insurer a week later, I say that because it was so minor I’d wait until I get a figure before deciding whether to lodge a claim with my insurer or pay cash. Was told they’d mail me quotes, 6 weeks later I haven’t heard anything still and start to worry, but I’d lost claim details, so when I rang they couldn’t help me, started a thread here to get some advice.

I managed to find the claim number on monday (I’d filed it away a little too well it turns out). I rang the RACV and was told at first that the claim number didn’t exist, I was thinking AWESOME, however the person I was talking to was a little bit incompetent so I asked her to check again and this time she found it.

I was then told that the car was repaired in the week after the accident as to not inconvience the client. I said that I thought that they were going inform me of the quotes for my approval/getting it examined by my insurance company so that if there was a dispute I could get this resolved. She said that they can get it repaired when and by whoever they want and that as I am at fault I have to pay whatever they decide.
I was then told that a 3rd party collection agent has been forwarded my case on the 27/9 and I have to deal with them to resolve it.

I said "hang on, I have insurance, I just didn’t give the lady my insurance details when she rang me because I was told that some quotes would be mailed out to me and then I could decide whether to make a claim because it was such a minor accident and that this was 6 weeks ago and I haven t heard anything since. I said I was told that the quotes were going to be mailed out to me and that depending on their cost I would decide whether or not to make a claim with my insurer and then the car would be repaired."

To which i was told "don’t lie, we never would have said that, there is no way that we would have sent you out any quotes, we don’t send out quotes, you are making this up because you don’t have insurance etc"

At this point instead of getting madder and starting to yell I asked for the supervisor.

I was told by the supervisor that they don’t get quotes and that she didn’t know why I would have been told that, but didn’t say I was lying nor did she admit fault, I asked her why I would have provided her with 2 addresses if I wasn’t expecting her to mail me the quotes?

What they do is get 1 quote if they use their approved repairer, or 2 quotes if not. My repairs were completed by their repairer so only one quote, which entailed the car being inspected by their assessor, quoted by their repairer and checked by another RACV employee to see if its fair. The usual procedure is then to inform me of the approximate cost so that I could inform my insurer/protest/take whatever action necessary, however this didn’t happen. I find this infuriating because every person involved with the assessment, repair and double checking was either a RACV employee or was aligned/paid by the RACV with no one acting on my behalf to look after my interests, but I am told that because I was at fault in the initial accident and they are handling the claim that I don’t have any rights in regard to this. Can they really do that??? I didn’t think they could.

I don’t mind that they got the car repaired the next week, in fact if the show was on the other foot I’d prefer it that way, but I was told something completely different, then heard nothing for 6 weeks so that is why I queried it. I also find it rubbish that they don’t have to let me know how much it is going to cost before they repair it and I just have to pay whatever they determine.

The lady then rather off handedly told me that the damage bill was just under 2500 dollars. I nearly flipped out, how could I have done that when there is no damage to my car at all??? I was using the slope of the hill to propel me as I slowly rolled back down the incline into a carpark and she was a couple of metres behind me and I rolled into her coming to rest against her car. So given the circumstances of the accident I find this cost excessive, not that I can do anything about it apparently

The redbook value of their car is less/about equal to the repair bill, a Mitsubishi Lancer about 1994 is between $1000-2400. I thought that they would write a car off if it was so severely damaged, 90% of redbook value. Or is this just a myth?

I was then told that they could provide me with a copy of the quote/receipt so that I could get it inspected and we could negotiate on costs of completed work. However I could not get a copy of the assessors report or photos of the damage before it was repaired. This makes me mad because the quote could say that the whole front end of the car needed replacing and the repairer has charged an acceptable proper amount to repair and replace it. However, if there is no proof that it needed replacing in the first place and I cannot get access to any evidence that may exist and was not given an opportunity to make a counter claim at the time because they did not contact me. My repairer might only say it cost 2200 to replace but that still doesn’t mean that it required it. It’s a bit like failing over and hurting my arm, getting told its going to cost 3000 to fix it, however no one will show me the x-ray.

I think that someone has decided that because I didn’t just hand over my insurance details that I must not have any and therefore played me for all that they could get. I’m just going to put this through my insurance now, because I don’t have any recourse and they know that, so that’s why I presume they do what they do. But I thought I’d post it because I find this to be a bit of a rort and if I didn’t have insurance I would be completely screwed. I just have to wait until I get the angry letters from the relievable collector. I’m going to make a call to the insurance ombudsman this morning just to check what my rights are, but I am sure that I wont have any luck.

Now, before someone on here gets all defensive about the RACV or insurance companies, please stop. I’m not having a go at them, and I am a member too and these are just my observations of my experience. If their employees have told me rubbish its just the employee not the company at fault and if they are acting within the law then I cannot do anything about it. Despite me finding it unethical, they are a business and they have to make money by acting within and to the full extent of the law. If anything, I would want the law/regulations looked at because I find it all a bit odd.

Any further help or advice would be much appreciated just as the advice already recieved has been.

fairBA · 11-10-2007, 12:55 PM

Things dont work this way in QLD. Similar dealings I've been involed with we got sent the quotes with list of parts repair/replaced and labour time. Problem now is that as the car has already been repaired, someone has to be paid regardless of redbook value. Using your Insurance would be a smart move now.

Kryton · 11-10-2007, 01:57 PM

what you need to do, and what you should have done in the very first place was get in contact with your insurer.
if you had have, you wouldnt find yourself in the position you are now.
you pay them for a reason, to cover your ar$e when you need it most.
i suggest you get on the phone to them and start sorting it out immediately.
dont worry about ratings and excesses and all that, just get it sorted and worry about the other stuff later.

brodfloyd · 11-10-2007, 02:37 PM

do not call the insurance ombudsman service in victoria!!!

i have never been so insulted in my life. the operators are rude, patronising and confrontational. They do not help at all and are far more interested in being rude and abrupt than giving helpful advice. I was told that because i was in the wrong in the accident, i just have to do whatever the other parties insurance company say, because I was in the wrong and i quote "cop it sweet". No if's, no buts. So much for impartial advice, help and explanation.

I dont mind if they are going to give me news that isnt what i wanted to hear but at least be pleasant about it and helpful. I was expecting the lady from the workplace ombudsman ad and got that annoying guy from work who has to be right about everything all the time.

In all seriousness, the supervisor lady from the racv was friendlier and more helpful.

They are not obligated to to let me know how much the repairs are going to be at any stage unless i request them, which i did, but it doesnt matter that they didnt send them to me because its just them being nice. They just fix it whenever, for whatever amount they deem appropriate, then seek me out for damages. I dont have any rights at all. They should send me a copy of the quote afterwards when i request it, but that doesnt mean that it proves it was so severely damaged.

the only thing i might have on my side is that the redbook value of the car is less than the repair bill. Surely this counts for something???

Now i know i was at fault technically, but surely I have at least some rights? I'm not talking about me being able to approve them fixing her car, but at least being informed of the costs so that I could have my insurance also inspect it before it was repaired?

obviously this is not the case.

I've rang my employer and they are going to lodge a claim with my insurer now as its pretty clear that I have no leg to stand on.

I wonder what would have happened if I said no i dont accept i was at fault??? the racv rang me ans just said, yeah, you are at fault, I should have said no I wasnt, she was dodging a red light by diverting through the carpark and let my insurance know then and there, its all rigged so that you dont ask questions and just let insurance handle it im sure.