NSW Driver of another car says he won't repair my car after hit

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K_Dee Why

Member
27 April 2017
4
0
1
Hi all,
My car was hit by an ute today. The ute travelling on a left lane suddenly hit my car on the right lane when travelling in parallel. When the ute first touched my car, I saw the driver using his mobile phone. He actually crossed his lane to hit my car. I honked and then he stopped in a first street on the left. I also stopped close to his. He started inspecting my car, and then after seeing all the fresh scratches on the left side of my car, he started saying that he did not make those scratches. When I told him that he made them, he used foul languages. I called police on '000', but police told me to exchange license and registration details. But he did not give me his details, insisted on me to go to police station. After a while, I also agreed to go to police, where he denied again. But after the police told to exchange details, he agreed to provide his license. After that, he wanted to picture my car. While picturing, he again used abusive words and denied that he made the scratches. He told me that he would do nothing for the scratches. I don't know what I should do now. I just have third party insurance. Pls suggest me.
Kran
 

Vince22

Active Member
20 April 2017
9
3
34
Put your claim in to your insurance company, let them sort things out. If he tries to contact you in any way, keep and record what he says. If he does contacts you, you should only tell him to deal with your insurance company, that it's now in their hands. Do not say anything else to him. Do you know if he had insurance?
 

K_Dee Why

Member
27 April 2017
4
0
1
Put your claim in to your insurance company, let them sort things out. If he tries to contact you in any way, keep and record what he says. If he does contacts you, you should only tell him to deal with your insurance company, that it's now in their hands. Do not say anything else to him. Do you know if he had insurance?
Thanks Vince! He told to the police that he has insurance, but I'm not sure exactly. Once again, does my (third party) insurance help me in this issue?
 

Vince22

Active Member
20 April 2017
9
3
34
Yes, you need to put in your insurance claim as soon as possible. If you have 3rd party insurance, you will be covered whether he has insurance or not, as long as insurance company agrees other driver at fault. Basically, your insurance company will chase him, you don't need to do anything after you have put in your insurance claim.
 

K_Dee Why

Member
27 April 2017
4
0
1
Yes, you need to put in your insurance claim as soon as possible. If you have 3rd party insurance, you will be covered whether he has insurance or not, as long as insurance company agrees other driver at fault. Basically, your insurance company will chase him, you don't need to do anything after you have put in your insurance claim.
Thanks Vince! I'll do it early tomorrow morning.
 

Vince22

Active Member
20 April 2017
9
3
34
No probs! Also.....Most 3rd party policies only cover UP TO $5000 if other driver at fault AND they don't have insurance. Some policies like Coles insurance, it's only $3000. Check your policy on what it covers.
 

Jermy

Well-Known Member
30 March 2015
74
5
224
Yes, you need to put in your insurance claim as soon as possible. If you have 3rd party insurance, you will be covered whether he has insurance or not, as long as insurance company agrees other driver at fault. Basically, your insurance company will chase him, you don't need to do anything after you have put in your insurance claim.

I think you are wrong in this one, 3rd party insurance only covers the other people vehicles when the person insured is at fault. Comprehensive Insurance will cover the insured person either at fault or not.
But to be safe and confirm that you insurance will do that. As the person has 3rd party insurance, the option is to put a claim statement in court which will be costly and time consuming, he may win but he would have paid more than the cost of fixing the car. It is better to confirm with the insurance company as to whether they will accept your claim.
As the matter of not exchanging the details, the option is to take a picture of the vehicle showing the rego and submit that.

I was involved in an accident which I was not at fault. I have comprehensive insurance. The other person was rude and used the F word a lot. I did not talk to him more than i needed and I did not even ask for his details as I saw the situation going to worse, all I did was take a picture of his vehicle (and he was in the picture standing next to his vehicle). I submitted my claim which is approved and getting my vehicle fixed.

I know I gave you bad news above, but that is the benefit of having comprehensive insurance.
 

Vince22

Active Member
20 April 2017
9
3
34
If you have 3rd party insurance, you are covered for damage to your car up to $5000 ( some policies it's $3000), if the other person is at fault AND if they are uninsured. If you are at fault, then damage to your car is not covered,only the other driver's car. Take a look at your policy, it will explain what is covered or not.
 

Jermy

Well-Known Member
30 March 2015
74
5
224
If you have 3rd party insurance, you are covered for damage to your car up to $5000 ( some policies it's $3000), if the other person is at fault AND if they are uninsured. If you are at fault, then damage to your car is not covered,only the other driver's car. Take a look at your policy, it will explain what is covered or not.

I always had comprehensive insurance. My knowledge is that the person insured under 3rd party will not have their vehicle covered at fault, but you may be right that if not at fault the insured can claim on their policy, My comment was based on 3rd party insured at fault. I was not sure and that is why I advised for the poster to confirm with his insurance company, and as you mentioned each insurance company has its own policies. Next time I take up vehicle insurance, I will ask about what 3rd party insurance covers.
 

K_Dee Why

Member
27 April 2017
4
0
1
I contacted my insurance company. They told me that it does not cover when I am not at fault. Thanks for your suggestion guys!