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Advice on how to deal with accident without insurance in Canberra?

By Sic - 28 November 2012 52

About a week ago my fiance’s car was hit when stopped at a set of traffic lights. The woman only provided her licence number, plate, and mobile number. While she claimed to have insurance, she refused to hand the details over.

We have been trying to contact this woman for nearly two weeks now, and she does not answer her phone. It is turned off a lot of the time and when going to voicemail the message says she does not check it and to try her again. My partner at least confirmed it was her voice.

My fiance only has third party insurance which obviously isn’t going to cover anything unless the car is stolen or set on fire, and in all seriousness the car shouldn’t be legally driven at the moment. A police report has been submitted, but I doubt that will achieve anything.

Is there anything we can do in this case? Or would it come down to getting quotes and taking it through small claims court?

What’s Your opinion?


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52 Responses to
Advice on how to deal with accident without insurance in Canberra?
1
thatsnotme 11:50 am
28 Nov 12
#

Excuse my ignorance if this is incorrect, but wouldn’t you just submit a claim to your insurer, including all of the details that you have of the other party, and let them sort it all out? At this stage, you’re beyond needing to deal directly with her, and it should be a matter for the two insurance companies to sort out (if there are actually two of them).

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2
DUB 12:00 pm
28 Nov 12
#

thatsnotme said :

Excuse my ignorance if this is incorrect, but wouldn’t you just submit a claim to your insurer, including all of the details that you have of the other party, and let them sort it all out? At this stage, you’re beyond needing to deal directly with her, and it should be a matter for the two insurance companies to sort out (if there are actually two of them).

Third party insurance means that it will only cover damage done to another vehicle, or if lost/stolen.

I know some one who had similar story- long process, they had to submit request to RTA to get insurance details of the owner of other car, then lodge a claim with small claims court . Something like that.
Police can’t really do anything about it.

Happy to be corrected.

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3
phil m 12:06 pm
28 Nov 12
#

Third party won’t even cover you if your car is set on fire or stolen (unless you have some policy extras that specifically cover it) as it only covers damage to another person’s property when where is an accident that you are at fault of.
What do you estimate the value of the damage?

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4
Solidarity 12:07 pm
28 Nov 12
#

First of all, has it been reported to the police? They have a handy web form.

After this is done, submit the details of the report, and the womans details to your insurance company. Yes I know you only have 3rd party, but doesn’t matter.

This all should have deen done within 48 hours of the accident.

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5
watto23 12:11 pm
28 Nov 12
#

Yeah normally thats what I do, submit the claim to my insurance company and let them sort it all out including chasing up for costs etc. The police report is purely just to record your view of the accident.

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6
G-Fresh 12:12 pm
28 Nov 12
#

Not up to you to contact her insurer.

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7
NoImRight 12:17 pm
28 Nov 12
#

thatsnotme said :

Excuse my ignorance if this is incorrect, but wouldn’t you just submit a claim to your insurer, including all of the details that you have of the other party, and let them sort it all out? At this stage, you’re beyond needing to deal directly with her, and it should be a matter for the two insurance companies to sort out (if there are actually two of them).

OP says they only have Third Party so the insurance wont help. OP is also correct in saying police wont get involved.

Im no expert but Id say you are not going to see any money without some legal shenanigans. Even then its iffy. Good luck and hopefully someone else can provide something helpful

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8
Dante 12:25 pm
28 Nov 12
#

thatsnotme said :

Excuse my ignorance if this is incorrect, but wouldn’t you just submit a claim to your insurer, including all of the details that you have of the other party, and let them sort it all out? At this stage, you’re beyond needing to deal directly with her, and it should be a matter for the two insurance companies to sort out (if there are actually two of them).

…except this post is called “Advice on how to deal with accident without insurance in Canberra?”

The OP doesn’t have insurance.

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9
DrKoresh 12:31 pm
28 Nov 12
#

I’m sorry to hear that and I hope the wifey is okay. I think the best course of action would have been to call the police immediately following the crash, which I think is standard procedure for all but the most minor of traffic collisions (and if your car is no longer road-worthy as a result of the accident, I wouldn’t class that as minor). The other woman sounds to be acting very cagey and may have been DUI or something which would have been useful to find out at the time.

In the position you’re in now I would still consider phoning the police, you can contact them in a non-emergency capacity on 131-444 where someone should be able to assist you in figuring what to do next and what, if any, actions can be taken against the driver at fault.

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10
zorro29 12:38 pm
28 Nov 12
#

yes…you don’t need the other person’s insurance company. if you weren’t at fault for the accident, you just submit the details you have of the other driver and they chase it up with THEIR insurance company.

hence they will avoid you as their premiums will go up

#4 said it all

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11
MonarchRepublic 12:55 pm
28 Nov 12
#

As others have said here, still contact your insurance company, even though you only have 3rd party. They may be prepared to chase up for you.

And for example, “AAMI Third Party Property Damage Car Insurance covers you in the event your car is damaged by an uninsured motorist (up to $3,000 damage).” (from the AAMI website)

No harm in trying!

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12
darkmilk 1:24 pm
28 Nov 12
#

It’s really about time that third party property insurance was compulsory. The people who are least likely to pay for it are most likely to need it: and then when they do tens of thousands of dollars damage to others, are likely get away with paying very little. We supposedly already have the infrastructure to choose commercial CTP providers, we should extend that slightly to include third party property as a requirement for registration.

Good luck with the small claims court (ACAT), they are pretty powerless. Even if you get the details of the person causing damage, once *you* have gone through the whole process the result could end up something stupid like $10 a week for 10 years, no interest – effectively giving interest free loans to the worst losers and idiots. And even those payments are effectively voluntary as the enforcement is left up to the recipient with almost so support from ACAT.

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13
PantsMan 1:26 pm
28 Nov 12
#

Give these guys a call: http://rebelsmc.net/

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14
Alderney 1:27 pm
28 Nov 12
#

Sounds like you’re in the s*** with chasing the money up. I’m guessing that you, or more specifically your girlfriend are young and have never had to deal with this type of situation before.

It’s not going to help here, but a couple of words of advice for anyone caught in a similar position.

Exchange deatails, i.e. get the other party to give you their licence and copy all the details from it. Name, address, everything. And then also ask for supplimentary contact details such as phone numbers etc.

If the person is uncooperative or there seems something amiss, threaten to call the police. If they don’t cough up what you want call the police and tell them you can smell alcohol on the drivers breath; they will be there in a flash. Otherwise, it could be an hour before they show up.

These are the days of the phone camera. Take photos, heaps, ASAP. If you can, move the car from the road and allow normal traffic flows to resume.

Hope you have some luck tracking the woman down, and then getting her to pay up. Think of this as a lesson learned.

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15
watto23 1:35 pm
28 Nov 12
#

MonarchRepublic said :

As others have said here, still contact your insurance company, even though you only have 3rd party. They may be prepared to chase up for you.

And for example, “AAMI Third Party Property Damage Car Insurance covers you in the event your car is damaged by an uninsured motorist (up to $3,000 damage).” (from the AAMI website)

No harm in trying!

I agree, I know people with third party insurance who were in this situation, they fixed their car while chasing up the other person who was at fault. I’ve also had my insurance company deal with a minor incident where a person drove into my open door. In the end apparently it was my fault, but the insurance company said the repair bill is less than the excess so no claim by me, I paid the repair bill and on my way, despite the other owner trying to get me to give them less money which i could only surmise was to not fix the tiny little dent in the bumper.

Inurance may cost and can be a pain, but it has worked for me in many ways with regards to cars.

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