NSW Paying excess when it was not your fault but didn't get the other drivers address

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

S.Grant

Member
24 June 2018
3
0
1
I was in an accident while driving a friends Mum's car. I am under 25, but on my full license, so the excess for the accident is upwards of $2500.

He was reversing onto the road from a drive way (with hazard lights on), but it was a thin road with cars parked on both sides, so I only saw him just as I got to him. I did an emergency stop, but I was directly behind him by the time the car stopped. He was still moving so to try avoid a collision I tried to get out of the way going forward. However, he hit the back of the car.

He took a photo of my license and I got his number. It was a company vehicle so when I phoned him back he put me directly in touch with his manager. Since then the company has refused to give up his address, he has stopped replying to me and without his address the claim cannot be processed and I think I am payable for the excesses.

What should I do? Does it amount to a hit and run if he is refusing to give up his details? Will I have to pay the excess despite it being him that was reversing onto the road? Please help I'm a student living out of home and really can't afford this!
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
I was in an accident while driving a friends Mum's car. I am under 25, but on my full license, so the excess for the accident is upwards of $2500.

He was reversing onto the road from a drive way (with hazard lights on), but it was a thin road with cars parked on both sides, so I only saw him just as I got to him. I did an emergency stop, but I was directly behind him by the time the car stopped. He was still moving so to try avoid a collision I tried to get out of the way going forward. However, he hit the back of the car.

He took a photo of my license and I got his number. It was a company vehicle so when I phoned him back he put me directly in touch with his manager. Since then the company has refused to give up his address, he has stopped replying to me and without his address the claim cannot be processed and I think I am payable for the excesses.

What should I do? Does it amount to a hit and run if he is refusing to give up his details? Will I have to pay the excess despite it being him that was reversing onto the road? Please help I'm a student living out of home and really can't afford this!

If the other person is at fault, then you can pursue him legally. All you need at minimum is the rego number, if it is his company car, it will be under the company insurance and they will pay. If you are not at fault, don'the worry. You may need to pay the excess but will get it back later, not sure how long it may take depending on the insurance company (your friend's mom insurance). Talk to them if you can't pay, they may help you out, other option it pay it by credit card and try to get the excess before your credit card due date.
 

Zerojay

Well-Known Member
12 March 2017
95
12
319
Suggest you contact the company manager again and ask for their insurer’s details so that your insurer may contact them in respect to this matter. If you obtain these details and provide them to your friend’s mum’s insurer they will generally waive payment of the excess if they can confirm with the other insurer that they accept fault.
If this does not work out, advise the company manager, you will report the accident to the police and in terms of Road Rules regulation 287 it is a punishable offence not to provide your address to the other driver when it is requested.
This is not legal advice, rather an opinion based on working for an insurance company for over 20 years.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
If this does not work out, advise the company manager, you will report the accident to the police and in terms of Road Rules regulation 287 it is a punishable offence not to provide your address to the other driver when it is requested.

Hi, thanks for that, Good to know!
cheers,
 

S.Grant

Member
24 June 2018
3
0
1
Thank you to both of you! Very reassuring to hear, didn't really know who to ask, I'll do what you've suggested. S