Not At Fault Drive

[aldebaran]

I've joined this forum as I've read a few threads on insurance here and where better to post a cry for help about car insurance that here right? Sorry, I don't have a skyline but my brother does.

Today I was hit from behind whilst turning left into my driveway. The 4wd behind did not slow and hit the rear right side tail lights and bumper on my commodore with her bumper bar. My car is drivable and not really that much damage, but you know with the cost of repairs, parts, panel beating etc it's going to add up. My guess is that it will cut it close to the market value of the car which is a 2000 model. All very amicable, no-one hurt, kids/babies ok. Both have comprehensive insurance. The other car was completely undamaged.

Here's my problem. We are both insured with suncorp (Qld).

According to the redbook, the market value of the car is around $3 and I'd say repairs would get close to 75% of that. So the problem is, my insurer should pay for repairs and collect from the other insurer....which is suncorp. But if it gets to 75% of market value, they'll write it off. Now if they do write it off, do I have to hand over the car?

I thought as a third party you are not obligated to have your vehicle written off and the they cannot take the vehicle off you.

Can anyone clarify if possible please?

It seems very unfair that my well maintained and serviced vehicle may be taken away and I would be $$$ out of pocket and having to buy a new car due to no fault of my own because the other driver did not slow down.

Thanks in advance for any replies.

Cheers,

Mel

[Soft]

According to the redbook, the market value of the car is around $3 and I'd say repairs would get close to 75% of that.

Dear Mel,

Sorry to hear about your accident, I am happy to shout the $2.25 for repairs to your car

[MattyFlynn]

Soft u smart ass lol

Mel, if the repairs r the same as the market value of the car they will write it off but I'm pretty sure h can buy the car back. Only prob you'll have to get it repaired but itll be good if u know sumone and get it done cheap

[xALmoN]

well, it doesn't matter if you're insured with the same company or not.

they are still liable to pay. or write off your car, either way.

[aldebaran]

lol, $3K. $2.75 might be what we have left in the end.

[aldebaran]

Does anyone know, if they write it off, do we have to re-register the car and take out another insurance policy? We're only 2 months into both.

[MBS206]

I they do right it off, remember you get the full value of the car, not the damage.

There has been some changes to being able to re-register stat write offs.

But yes, you would need to restate your insurance.

[oweban]

I believe it's immensely harder now to get statutory write-offs re-registered, if not impossible.

http://www.rta.nsw.gov.au/registration/written_off_vehicles/vehicle_owners/index.html

The exemptions are at:

http://www.rta.nsw.gov.au/registration/written_off_vehicles/vehicle_owners/exemptions_wov.html

So based off it having been in an accident, I don't think you'll be able to get it registered again in NSW. Might be best to try and get salvage, and part it out?

[johnny443]

I had my supra written of about a year ago was not my fault and was insured comprehensivly with just cars

They payed me out agreed value but becouse i.was only 2 months into my renewed insurance agreement they made me pay out the whole year of my insurance

they offered it back.to me at auction price but.i declined

dont know if this helps you

oh my friend had a 91 falcon becouse it was not worth much they gave it back to him for free and payed him out market value but he argued that the car had cost him in modifications and maintanance which got him a few hundred more ontop

[MattyFlynn]

Well it's changed alot since my experience :s

Wish shit was made easier these days :|

[aldebaran]

ok, this is what Suncorp said. 1. If I make the claim via my insurer, the claim is against my policy. They will assess and repair if the cost of repair is less than the market value etc. If the car is a repairable write off, they pay me out, keep the car and teminate insurance keeping the premium. In this way I would be considerably out of pocket as the not at fault driver if the car is written off. I am not entitled to a hire car via my policy but I can claim a hire car against the at fault driver via my insurer which is still suncorp.

2. If the car is a repairable write off, I could take the payout then buy it back for salvage value but still lose the rego and insurance. This seems like the most expensive options as the payout might meet the cost of buyback then I'd have to pay for repairs too. Won't take this option if it is offered.

3. If the car is a repairable write off, I could ask for repairs to be done to make it road worthy if it comes in less than the market value in which case I keep the policy and the rego going but then I still have a busted up car through no fault of my own and have to pay for the rest from my own pocket.

4. Wait to see what the assessor says. If they repair it - fantastic. If they want to write it off I can cancel the claim, and submit the claim to the other insurer as a 3rd party claim....or pay for repairs and car hire myself then send the documentation/bills to the at fault drivers insurance (same company). If it looks like a repairable write off, get I can get my own quotes (and say it's not insurance so it's not stacked). If those quotes come in under the insurance quotes, submit that and tell them I want it repaired. If they still want to write it off, withdraw the claim and submit it via 3rd party's policy. That will add 2 weeks to the claim. However, you still get to keep your premium if it's written off because the claim is not against my own policy, therefore they have not fulfilled their legal obligations and have to pro-rata payout or transfer to a new title.

The offer price for a write off is negotiable. Salvage is possible via either my own policy or 3rd party. Either way they keep the car if it's written off unless I buy it back under salvage.

I have to look at the insurance certificate but apparently I looked at the wrong market value on redbook. Should be looking at caryard and private sales not wholesale which puts the value up considerably which is great. My brother (who owns a skyline ;-) says there's not enough damage to write off which is a big phew! Let's hope that it gets repaired. Guess we'll see on Monday.

Cheers for all your help. Helped to ask the right questions of the insurer and since it's all recorded these days, they can't lie. In fact the people that I spoke with were very helpful indeed going through all the options that might give me the best outcome and even to my surprise said that their offers are all negotiable. I thought that was pretty good after all the bs that my brother went through went some A**hole ran up his trucks bum when it was parked.

Cheers,

Mel

PS I'm still embarassed about the $3 car typo. I sound soooo cheap.

[niZmO_Man]

Hahhaha $3, you should be driving an R31

[Yts]

as long as the car is standard then you dont have an issue, i had someone reverse into me and there assessor came out and only claimed damadge was 600 when i got qoute from the guys to fix for 1000 dollars and that was the cheapest one. also i had a genuine jap brand bodykit which was worth twice the cost or repairs but they will only repair to 'standard' replacement or repair value. insurance companies are a joke. at least yours is with the same company, make sure the at fault driver has already lodged the claim and you get the claim number, otherwise no work will get done to getting your car back on the road

good luck

[r32-25t]

If your not at fault, you should not be claiming anything and all claims should be made thru their policy

[R34 Sedan]

As far as I understand that's standard practice if you have comprehensive insurance, uless clearly stated otherwise in the policy.

Even though the accident wasn't your fault, you lodge a claim with your insurance company, they sort out your repair or in the case of a write off pay you out, and then recoupe the money from the other drivers insurance company.

Since you were not at fault it won't go against your insurance record, you won't have to pay an eccess, and it won't affect your no claim bonus.

It's just that having comprehensive means any accident goes through your policy.

Paul