Car accident, at fault and no insurance

Mosyzlak

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Guys 'n Gals,

The wife had a bit of a ding for which she was at fault, no harm to either person but some damage to our car ($2300) and to the other guys Nissan Sylvia.

We only have the basic third party insurance to cover injuries to other people and so we are dealing with their 3rd insurer directly. The damage to the Nissan Sylvia is only to one side and is not extensive to my knowledge, it involves the drivers door and the front and rear quarter panels.

However the repairer quotes seem to contain half the car being replaced! They've had it assessed and have decided to write the car off for $17k which seems excessive to us (naturally we'd like them to come back and say it buffed out :takdir:). One quote was for $11k and one was for $17k so both obviously over the cost point of the insurers write off.

I'm not an automotive minded person and have never had an accident so wanted to ask you guys some things:

1. We can obviously get comparative quotes from other repairers, are we able to have the car taken there for a proper assessment?
2. If we paid the whole $17k I am assuming we don't get squat for it? As in could we at least get the car to sell for parts and recoup some of the cost?

Any other helpful advice (besides stop being a numpty and get comprehensive car insurance) would be welcome.

Mo
 

Morkel

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Sounds to me like you're getting gouged. It's always going to cost more than you think it would, but to write a car off, especially one that's not a $5k shitbox, for a bit of side damage is a bit rich.

You're probably going to want to see a solicitor, it might cost a bit of money but it'll surely save you overall.
 

Nashy

International Captain
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They take into consideration far more than the side damage, and panel repairs on these sorts of cars do cost a lot of money. The parts are damned near impossible to source locally in a good condition, and the ones that are available, fetch very good prices for the seller.

If the owner has insurance, what's the issue?
 

Mosyzlak

QCup Player
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Sydney
[MENTION=8215]Morkel[/MENTION] The list of shit they're repairing is all the way into the rear sill and speakers...wtf? Mother in law is a law professor so might have to hit her up for some contacts.
[MENTION=1976]Nashy[/MENTION] My wife's at fault so the insurer is hitting us with the bill for the lot.
 

Nashy

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I'd be talking to an ombudsman, I'm sure his insurance is meant to pay it. What's the difference between him going to them not knowing who caused it?

Something doesn't sound right. What insurance is he with?
 

Mosyzlak

QCup Player
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Sydney
Just Car Insurance. My understanding is that insurance is there to cover you and make the problem of dealing with the costs the problem of the insurer. If they can prove it to be someone else at fault then that person is liable.

I'll check it out though, anything is worth it in the current situation
 

Morkel

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I'd be talking to an ombudsman, I'm sure his insurance is meant to pay it. What's the difference between him going to them not knowing who caused it?

Something doesn't sound right. What insurance is he with?

Not right at all. Who caused it has to pay. If that party is not insured, they have to pay the whole lot. Even if they were, the not-at-fault's insurance would get the at-fault's insurance to pay.
 

Porthoz

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Not right at all. Who caused it has to pay. If that party is not insured, they have to pay the whole lot. Even if they were, the not-at-fault's insurance would get the at-fault's insurance to pay.
Isn't that what Moz is saying?

If the other car is a write off, shouldn't Moz's wife (insurer) be responsible for the car market value?
 

Porthoz

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They don't have insurance Port, keep up mate.

This is an excellent endorsement for insurance. I don't understand those who don't have it.
Yeah, I wasn't sure, which is why I put insurer in brackets... and I totally agree on insurance.
It has actually always astounded me that it's legal to drive in Australia and not be insured for third party damage (other than personal injury).

Regardless, shouldn't Moz's wife be responsible for the car's market value at most?
 

Morkel

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At worst I had third party, fire & theft. Can't afford $1200 a year when you're 20, live away from home, doing uni full time and have $170 as your total weekly income. $150-odd was worth it per year in case one bad move meant you wrote off a Merc whose air filters cost $400.
 

Morkel

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Yeah, I wasn't sure, which is why I put insurer in brackets... and I totally agree on insurance.
It has actually always astounded me that it's legal to drive in Australia and not be insured for third party damage (other than personal injury).

Regardless, shouldn't Moz's wife be responsible for the car's market value at most?

That part is what makes me think they're being played by the insurance company. Parts prices are irrelevant when a Silvia is at best 20 years old and $8k.
 

Socnorb

NRL Captain
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Just Car Insurance. My understanding is that insurance is there to cover you and make the problem of dealing with the costs the problem of the insurer. If they can prove it to be someone else at fault then that person is liable.

I'll check it out though, anything is worth it in the current situation
Engage a solicitor and make them an offer, 50%.
 

Nashy

International Captain
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I'd certainly be having the car independently valued. This whole situation seems fucked up.
[MENTION=8215]Morkel[/MENTION], to use your example above. What then happens if in that situation you do hit someone, and you can't afford it?
 

Mosyzlak

QCup Player
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Sydney
Thanks for your comments guys! Shit sitch to be in but hindsight is like a sniper scope zoomed in the worst issues you had to face and I'd love to ring March me and strongly suggest some car insurance. Insurance will be sought for the future as the concept of her hitting a Merc has been brought up by friends and holy crap that would have not been a fun call to receive.

This is a 1999 Silvia owned by a young guy insured for $17k but from the photo's I've seen, unless there's something going on under the bonnet he's done the right thing and insured it for a couple grand more than what it's really worth. Just hope he's got a run-around car from his insurer while this all get's sorted out.

Still curious if we pay out the full value, or an agreed reduced value, whether we get the car? Because I'll be fucked if I'm paying for a brand new car for him and letting the insurer take the busted one and we sit there with dick all (except a team leading the NRL!)

The worst thing is I have that stupid meerkat saying the word insurance over and over in my head
 

Mosyzlak

QCup Player
293
163
Sydney
I'd certainly be having the car independently valued. This whole situation seems fucked up.
@Morkel, to use your example above. What then happens if in that situation you do hit someone, and you can't afford it?
I think that when you tell the insurer/owner that you can't afford that amount of money you either come to an agreement or go to a small claims court where they determine what you can afford/pay over time.

That's a guess and I hopefully won't be able to give you a 1st hand experience in the next few months...
 

Mr Fourex

State of Origin Rep
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I'm pretty sure Mo that you don't get the car if they write it off.

You can go to the auction yard.....if the insurance company are allowed to auction it. (depends on the type of damage).
 

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