VIC Car Accident with Hire Car - Car Insurance Payable?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Alison Graham

Member
5 March 2015
1
0
1
Hi, hoping someone can help me out figure out the best course of action regarding the following scenario:
I was stopped at a set of lights (about 3 cars back) when I was rear ended by a silver Outlander. As it was a first major car accident for me. I wasn't sure exactly what to do so I got on the phone to the police. Whilst on the phone to the police, the driver of the other vehicle wrote some details on a piece of paper threw them on my lap and left the scene.

It was discovered that the details provided were quite suspect. The blonde female's writing was quite messy leading to numbers and letters being misinterpreted. After further contact with the police, I managed to get the correct contact details for the driver of the vehicle, and also found out the vehicle itself was a hire car.

After contacting the driver of the vehicle, who refused to provide her car insurance details until I provided mine and she hung up on us, we decided to pursue the hire car company for repairs to my car.

I logged the claim with the hire car company and have just been informed that unless the client who hired the car admits fault and pays the damage liability fee then there will be no repairs made to my car under their insurance.

I again contacted the driver who advised she was waiting on my details for my insurer, and our insurance companies could talk. After advising her of the current situation she told me I was rude and hung up on me again without providing any details.

The driver is now telling Europcar that she didn't have the accident and I have the wrong person.

I'm not sure what I can do from here. Can anyone advise on who (aside from Legal Aid Victoria) could possibly help me resolve this without huge expense to myself?
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
Hi Alison,

If you spoke with the police during the incident, the police should have a record of the call. This supports the fact you had an accident and details of that accident. Did the police arrive at the scene? If so, they would have provided a report. Ask for both details of the call and the report.

Your insurance company might have also provided a report. Request a copy of this to be sent to the car hire company.

Did you get down the number plate of the car? If not, did you get down any details of the car?

There are ways to tracking whether the car was hired from the company (e.g. handwriting matching, details no the note).

You will likely need to hire a lawyer to put all this evidence together. Best to call around and obtain a quote as to estimated costs.