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24-01-2023, 06:13 PM | #1 | ||
DJT 45 and 47 POTUS
Join Date: Sep 2013
Posts: 7,278
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Minding my own business going home from work. Crawled to a stop then get slammed from behind. Guy in an Audi ran into the back of a Holden in front of him when then pushed the Holden into the back of my car. Damage isn't major but damn nuisance.
So who pays for my car repairs? The Audi driver or the Holden driver?
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Falcon: 1960 - 2016 My cars Current ride 2016 FG X XR6 - 6 speed manual Previous rides 2009 FG XR6 - 6 speed auto 2006 BF MkII XT ESP - 6 speed auto 2003 BA XT V8 - 5 speed manual 1999 AU Forte - 5 speed manual 1997 EL Fairmont - 4 speed auto 1990 EAII Fairmont Ghia - 4 speed auto |
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24-01-2023, 06:19 PM | #2 | |||
Thailand Specials
Join Date: Aug 2009
Location: Centrefold Lounge
Posts: 49,549
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Quote:
Unless you're uninsured, then RIP. |
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24-01-2023, 06:33 PM | #3 | ||
DJT 45 and 47 POTUS
Join Date: Sep 2013
Posts: 7,278
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Wrong answer Franco. I expected better from you.
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Falcon: 1960 - 2016 My cars Current ride 2016 FG X XR6 - 6 speed manual Previous rides 2009 FG XR6 - 6 speed auto 2006 BF MkII XT ESP - 6 speed auto 2003 BA XT V8 - 5 speed manual 1999 AU Forte - 5 speed manual 1997 EL Fairmont - 4 speed auto 1990 EAII Fairmont Ghia - 4 speed auto |
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24-01-2023, 06:44 PM | #4 | ||
FF.Com.Au Hardcore
Join Date: Dec 2009
Posts: 3,630
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I feel your pain. I have been tail ended twice in the last ten months second time car was written off.
Yes you would have to get and I am sure you did get details of the other two cars regos insurers and drivers licenses. Photos of damage. photos of other two cars. In my case the towie gave out cards for us to fill in and contact insurer. I also felt bloody angry. And its afffected my driving / I'm expecting the worse at any time. I would say my driving confidence is down. The last car in the three some who causes the double shunt is at fault. My view. |
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24-01-2023, 07:27 PM | #5 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,284
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I think the insurance company, if there is one, covering the Holden will pay for your repairs and they will recover the money from the Audi driver.
Ultimately the Audi driver pays for everything, but the claims from your perspective have to go through the chain of who hit who. As Franco said. Get details, police report if need be and hand to your insurance company and let them sort it out. |
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24-01-2023, 07:33 PM | #6 | |||
Rob
Join Date: Sep 2006
Location: Woodcroft S.A.
Posts: 21,699
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Quote:
Not sure why Franco's response was dismissed. It's the correct response. You pay thousands in premiums over the years, let them earn some of it.
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UA2 TREND 4WD BI TURBO |
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25-01-2023, 10:06 AM | #7 | |||
Guest
Join Date: Aug 2018
Posts: 1,892
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Quote:
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24-01-2023, 07:26 PM | #8 | ||
Thailand Specials
Join Date: Aug 2009
Location: Centrefold Lounge
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24-01-2023, 06:41 PM | #9 | ||
Bolt Nerd
Join Date: Jan 2005
Location: Ojochal, Costa Rica (Pura Vida!)
Posts: 14,902
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Last car pays
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Current vehicles.. Yamaha Rhino UTV, SWB 4L TJ Jeep, and boring Lhd RAV4 Bionic BF F6... UPDATE: Replaced by Shiro White 370z 7A Roadster. SOLD Workhack: FG Silhouette XR50 Turbo ute (11.63@127.44mph) SOLD 2 wheels.. 2015 103ci HD Wideglide.. SOLD SOLD THE LOT, Voted with our feet and relocated to COSTA RICA for some Pura Vida! (Ex Blood Orange #023 FPV Pursuit owner : ) |
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24-01-2023, 07:32 PM | #10 | ||
Regular Member
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Location: Bathurst NSW
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24-01-2023, 07:36 PM | #11 | ||
Rob
Join Date: Sep 2006
Location: Woodcroft S.A.
Posts: 21,699
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Only if the last car was responsible for pushing the car in front into the car in front of them.
Syndrome will know whether he felt 1 bump or 2 etc.
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24-01-2023, 08:08 PM | #12 | ||
DJT 45 and 47 POTUS
Join Date: Sep 2013
Posts: 7,278
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Bugger. 21 year old driving his brother's car. Does not know if he has insurance.
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Falcon: 1960 - 2016 My cars Current ride 2016 FG X XR6 - 6 speed manual Previous rides 2009 FG XR6 - 6 speed auto 2006 BF MkII XT ESP - 6 speed auto 2003 BA XT V8 - 5 speed manual 1999 AU Forte - 5 speed manual 1997 EL Fairmont - 4 speed auto 1990 EAII Fairmont Ghia - 4 speed auto Last edited by Syndrome; 24-01-2023 at 08:15 PM. |
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24-01-2023, 08:22 PM | #13 | ||
FF.Com.Au Hardcore
Join Date: Mar 2011
Location: VIC
Posts: 1,130
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24-01-2023, 08:48 PM | #14 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,284
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If you have fully comp insurances it matters absutively **** all whether the other drivers are insured or not. Give your insurance company both their names and your insurance company will repair your car for you, and possibly provide you a rental while its being repaired, at absolutely zero cost to you.
If the other drivers are not insured then your insurance company will sue them in small claims for their costs in repairing your car. If you dont have full comp insurance and the other does then you can make a claim through the other persons insurance, try either one, and they will repair your car. If its only small you might want to repair it yourself and sue them yourself in small claims. Or again if you don't have fully comp, speak to Kenyon and Ahmet layers in Melbourne. All they do is motor vehicle property claims and recovery on behalf of an injured party, that being you. I have used them before and they are excellent to deal with. They are NOT personal injury lawyers but property lawyers specialising in motor vehicle accidents. They represent you as the not at fault party and organise to get your car fixed at no cost in almost all cases. The primarily work within Victoria but I know they are still able to help in other states too, but not all. And its possible they might point you in the direction of another lawyer who can offer the same in your state. |
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24-01-2023, 09:00 PM | #15 | ||
FF.Com.Au Hardcore
Join Date: Jul 2005
Location: Melbourne
Posts: 6,931
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I believe its the car that hits you pays. Then if they want to chase someone else who may have caused them to hit you, that's on them and their insurance company to chase.
The rule is, they should have left enough space between their car and yours to not hit you.
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~~~~~~~~~~~~~~ Rides (past and present) Current: 2004 Ford Falcon 5.4L 3v Barra 220, Manual Past: Mitsubishi Sigma (m), Toyota Seca (m), Toyota Seca SX (m), Toyota Vienta V6 (m), Toyota Soarer 4L v8 (a), BA XR8 ute (m), T3 TE50 (m), BMW Z4 (m) AFF motto - If contrary views trigger, please use ignore button. |
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25-01-2023, 09:59 AM | #16 | |||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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Quote:
exchange details like Franco suggested, and pass the details to your insurance company, they will deal with his insurance, problem solved Chasing the person ultimately responsible is of no benefit. If the 21 year old hasn't got insurance its his brothers problem but again not your problem.
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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24-01-2023, 08:46 PM | #17 | ||
FF.Com.Au Hardcore
Join Date: Jul 2012
Posts: 3,878
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If it is only minor shouldn’t be any problems.Can be different if you aren’t insured in the case of a write off.Uninsured drivers tend to get bullied into accepting lower payouts if they don’t have an Ins Co fighting for them
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25-01-2023, 06:53 AM | #18 | ||
FF.Com.Au Hardcore
Join Date: Aug 2005
Location: Melb.
Posts: 4,466
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The initial cause of the accident is the driver ultimately at fault, but I guess you're asking does your insurer claim against the car that made contact with you and does that insurer claim against the car that hit it etc...
However having been there before, even if your damage is minor just collect all the details from all involved and let your insurance company handle it. You may even have a loan vehicle clause in your policy or in the case of one of our accidents be able to submit the expenses of hiring a replacement van which went on to the driver at fault's insurer... |
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25-01-2023, 10:55 AM | #19 | ||
Donating Member
Join Date: Mar 2007
Location: Heading thru Hell (Corner)
Posts: 8,336
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Just before we go too far down the rabbit hole of what is legally obligated to be provided after involvement in an accident, the following applies in Victoria (from Vicroads website):
Crash responsibilities A summary of what you need to do if you are in a crash. If you are involved in a crash you must: stop immediately give help to any injured person provide your name, address, registration number, and vehicle owner’s name to others involved in the crash, or their representative, and to the police (if they are there) if anyone is injured and the police are not at the crash, you must report the crash to the nearest open police station if there is any property damage and the owner (or Police) is not there, you must report the crash to the nearest open police station. E:NSW is the same (from NSW gov site): Exchanging details If you’re involved in a crash you must give the other person or people involved: your name and address your vehicle registration number the name and address of the owner of the vehicle, if you’re not the owner.
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Labels are for jars, not for people. Life is a journey, not a destination. ~~~~~~~~~~~~~~ Daily: 2013 FGII EcoLPi in Winter White Play: 2015 FG X XR8 in Emperor Show' N Shine thread Gone, but not forgotten: 2015 SZII petrol Titanium Territory in Emperor |
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25-01-2023, 03:41 PM | #20 | ||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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*hit anyone
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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26-01-2023, 08:36 AM | #21 | |||
VFII SS UTE
Join Date: Apr 2007
Location: Central Coast
Posts: 6,353
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Quote:
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26-01-2023, 10:52 AM | #22 | ||
praek tih kl jo kr
Join Date: Mar 2011
Location: Atwell W.A.
Posts: 1,690
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Used to go to these crashes on a daily basis when towing, your claim is with the guy who hit you, whatever happened to him is not your problem, your insurer will still need all details of parties involved though .
You can deal with his insurance or just use yours, it does not matter as its a not at fault claim, your no claim bonuses are not affected. You are entitled to a hire car while yours is out of action, If your insurer does not offer 1, there are companies that specialise in this all you need is the other insured parties claim number and details, they bill the other insurance company direct, "Right to Drive" is 1 company |
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26-01-2023, 11:49 AM | #23 | ||
Shenanigans..............
Join Date: Mar 2007
Location: Footscrazy
Posts: 12,502
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If you're only covered by 3rd party, would your insurer handle your claim against the other driver, or are you completely on your own?
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26-01-2023, 12:03 PM | #24 | |||
praek tih kl jo kr
Join Date: Mar 2011
Location: Atwell W.A.
Posts: 1,690
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Quote:
But sometimes its in your best interest to claim against the other insurance company to get a fair settlement in the event of a write off, you don't have to accept the offer that's on the table if you cant replace what you have for the amount offered. if the other person is not insured and you only have 3rd party, you are on your own . |
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26-01-2023, 11:56 AM | #25 | ||
FF.Com.Au Hardcore
Join Date: May 2011
Location: Trinity Beach FNQ
Posts: 807
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About a fortnight ago I was sitting behind a couple of vehicles at a red traffic light in Cairns and got rear-ended by a woman in a Land Cruiser. The poor little i30 copped a pretty decent whack and will require a replacement hatch and bumper, as well as repairs to the cargo area floor.
We were both comprehensively insured, but the i30 has only ever been insured for market value. I was a bit shocked to read the policy and find that figure was now supposedly $4.5k, so my biggest concern was that they'd write the car off. The panel beater thought that would be the most likely outcome. Thankfully the insurance company has approved the repair. I use this little car it every day, and it's worth way more to me than the $4.5k payout figure. We bought it new and have looked after it and despite the 227k on the clock it's been thoroughly reliable and has never let us down. I think I might need to look at an agreed value once it's repaired. Which brings me to another all too familiar story in these times of supply chain and skills shortages. The repair was approved two weeks ago and the earliest available date to commence the repair is April 20th! |
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26-01-2023, 12:46 PM | #26 | ||
Experienced Member
Join Date: Sep 2006
Location: Australasia
Posts: 7,683
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You go through your own and the car insurance that hit you, the insurance companies that are involved will work out the mess who pays who.
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26-01-2023, 04:56 PM | #27 | ||
FF.Com.Au Hardcore
Join Date: Apr 2013
Posts: 899
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But sometimes its in your best interest to claim against the other insurance company to get a fair settlement in the event of a write off, you don't have to accept the offer that's on the table if you cant replace what you have for the amount offered. .
I have had quite a bit of practice in regards to this, and have come to the conclusion that the easiest way is to claim via your insurance. You pay the premium for them to act on your behalf. You go through your own and the car insurance that hit you, the insurance companies that are involved will work out the mess who pays who. As I wrote above. |
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27-01-2023, 10:12 AM | #28 | ||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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Im with RACV and do not have to pay an Excess if its not my Fault, I've also used AAMI without an Excess.
I think it depends on your Policy, but read the below on AAMI https://www.aami.com.au/aami-informe...fault%20driver. An accident that's not your Fault should not affect your no claims bonus, but I can't speak for Budget Direct
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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27-01-2023, 10:22 AM | #29 | ||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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Just on the above we often rotate between insurance companies, Just like electricity supply they seem to look after new customers above existing.
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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27-01-2023, 10:26 AM | #30 | |||
Former BTIKD
Join Date: Mar 2005
Location: Sunny Downtown Wagga Wagga. NSW.
Posts: 53,197
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Quote:
They get 13% commission on new insurance clients but only 8% on renewals, a bit of an incentive to look after new clients perhaps?
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