Insurance (legal) Question

[BigDatto]

Hello guys,

Haven't posted for a loong time, and google was not my friend with this question. I know there's some Law talking gurus here, I would really appreciate some help on this one. Here's the background first.

I have a cheap <$3000 car which was purchased for the sole purpose of tow rig. Said vehicle was parked legally in a council provided space with trailer attached at a public Sydney boat ramp, for most of yesterday. Upon returning from seafaring adventures it became clearly evident that said unattended parked vehicle had suffered some major damage

Turns out a full size Volvo bus was responsible for the damage, driver of this bus approached me & admitted liability (how could one NOT when it's parked), and was really very civil about the whole thing, to the point of staying at the scene well after the incident to await my arrival & subsequently explain the situation. I think he was surprised at how well I took it. A little courtesy & forethought goes a long way.

All details were exchanged etc, my vehicle tho crunched was perfectly driveable so I cleaned up the glass & plastic and went home.

I am only covered for third party property damage, could not justify full comp on a sub $3k vehicle that travels <1000km per year.

Is the bus companies' insurance co. obliged to pay up under such irrefutable circumstances or am I screwed????

I just spent $1200 on the car, goddamnit!

I'd be truly grateful for any educated responses, PM if it's more appropriate.

Thankyou

Datto

Edited September 3, 2008 by BigDatto

[JAS-25T]

Ok, If I understood this right, damage was done to your property by someone else and was admited by that other party.

In which case they are liable to pay for repairs.

normal situation would be for you to get your insurance company to chase theirs up for the claim and then proceed with repairs. But if they choose to later say that they were not at fault, it can all go balls up.

Generally I would suggest you call the police accident hotline and get a statment lodged with them to back you up.

[BigDatto]

Generally I would suggest you call the police accident hotline and get a statment lodged with them to back you up.

Good tip Jase, will do

Thanks

[JAS-25T]

I've seen way too many incidents when the person who admitted liability at the scene backs up when they are up for a bill.

Even better would be to get a stat dec from the accused and then use that when chasing up your insurance.

[Beer Baron]

make a police report by calling the police assistance line. make sure you stress the fact that he admitted fault. then sadly since you don't have an insurance company to go to bat you will need to either engage a lawyer or DIY. so I would suggest DIY. first go and get one or two quote for the damage. you'll then need to write a letter of demand and send it to the driver (I really hope you took down all his details, licence number, name, address, phone). basically telling him that you have got 2 quotes for the damage caused to your vehicle and you believe he is liable to pay for the repairs. he will then most likely forward that letter on to his insurance company. now, they may do the right thing and pay, or they may see you as an easy target and refuse to pay. if they do that you will have one hell of a fight to get money out of them. at that point you'll need to decide is it worth spending lots of time and lots of stress to try and recover at most a couple of thousand dollars?

[BigDatto]

My concern is that I am only covered for third party property damage. So I can't claim for this damage. If I was circumstancially classified as 'uninsured' what to do??

BTW if need be I could probably come up with 100's of witnesses, the buses were ferrying schoolkids & staff to and from a school sports carnival.

Sorry to be a pain, I've never made an insurance claim in 20+ yrs of driving!

EDIT: thx Beer Baron, your reply was quicker than mine. that is what I feared, wouldn't be the first time I've represented myself.

Surely I would go after the company rather than the individual (their vehicle, their employee, their policy)?

Also the bus was illegally parked in a clearly marked "cars with trailers only" area. Would this help my case?

Edited September 3, 2008 by BigDatto

[BigDatto]

See edit above, thx guys.

[evil_weevil]

Id contact the drivers Insurer first. Surely he has damage and would need it fixed which means he would have lodged a claim also.

[BigDatto]

Id contact the drivers Insurer first. Surely he has damage and would need it fixed which means he would have lodged a claim also.

Yes the coach/bus company that owns the vehicle & employs the driver contacted me 1st thing this morning to advise they have lodged a claim. I have all the details. It's a large private bus/coach Co. with a substantial fleet & good public profile & perhaps I'm overly optimistic but I believe they will do the right thing.

I will cover my arse to the furthest extent I can anyway!!

[evil_weevil]

Yeah dont see why not they wouldnt cash settle you.

[BigDatto]

Yeah dont see why not they wouldnt cash settle you.

I would think it foolish of them not to. Given the number of witnesses, the Co's high profile and the fact my car was parked & locked. There is clearly a reason for the "cars with trailers only" sign, a long fixed chassis vehicle simply cannot safely maneouvre if the adjacent spaces are occupied. No such problem with an articulated vehicle.

My concern was with their insurance company, but evidently I won't have any involvement with them. Thank God!!