VIC Car Accident - Unreasonable Quote by Other Party

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Rooneyyy

Member
12 June 2015
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Hi, I've been involved in a car accident last week. What happened was even though I've stepped on my break, my car still rolled to the front a bit slowly which I didn't realise until I hit the other person's car (base model 2001-2003 Honda Jazz). There were no big damage besides 2 small scratches on the car's bumper, which were caused by the screws on my front number plate. Her car has already a few scratches beforehand, which she admitted to.

I didn't wish for her to be too generous and let me go, since 1 or 2 more small scratch on a bumper, which already has scratches all over it would effect it in anyway. So anyway she said she will talk to one of her friend who works at a shop to see how much it will cost. The next day I got a call from her friend saying that it will coat $600 to fix the bumper.

This is where it got messy. I have been involved in a car accident previously, in which the damage was way worse than this, we took the car to the shop the other person demanded and it only cost me $300, so from my point of view that $600 repair cost is unreasonable (her bumper has no dent or anything just scratches).

I want to ask do I have the right to request a new quote from her? Or get a quote myself and ask her to fix it there? I'm not saying she's trying to rip me off, could be her friend seeing this as a way to make extra money as he's friends with her and can persuade her to get it fix at his shop, and he just put out a higher price because I have to pay for it.

Thank you for taking your time. Any advice is appreciated.

Also if I go to my car insurance, would her car get fix by the insurance company and not her friend shop?
 

Sarah J

Well-Known Member
16 July 2014
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251
2,389
Melbourne, Victoria
Hi Rooneyyy,

Do you have insurance?

If you don't, what will happen if you don't pay up, is that she can claim this through VCAT or court. If she does, she will need to produce evidence (e.g. quotes and invoice) to show that you owe her $600 for the bumper. Did you take photographs at the scene of the accident? Was there a witness you could call? it is reasonable for you to request a quote (or a few) or an invoice from a mechanic.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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1,056
2,894
www.hutchinsonlegal.com.au
Pre-existing damage may be taken into consideration but you won't get off scott-free.

Photos of the damage you did and the other damage would help you. Without photos, the other party is in a stronger position.

Say what you'll agree to, if they don't like it they will have to take you to court or VCAT. If the court/tribunal only awards them what you already agreed to pay, they may be liable for all legal costs. Doesn't hurt to tell the other party this bit of news.
 
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