Insurance Company Hungry for money

[tazza255]

Originally Posted by nfury8

SUCK IT UP PRINCESS. I have no sympathy for uninsured drivers. Your lucky its only 2k and not 22k.

dude i aint asking for sympathy im just asking for ideas,
and i wouldn't call someone a princess before you have met them

[tazza255]

this post is now going to be ignored as im over it already and its paid up

[AWD Chaser]

Perhaps you could request the quotes either from the insurance company or the other driver, and just pay for the quotes outright yourself. You may find they may be cheaper then $2000.

[GasoLane]

Originally Posted by nfury8

SUCK IT UP PRINCESS. I have no sympathy for uninsured drivers. Your lucky its only 2k and not 22k.

Originally Posted by nfury8

Paid up already, after business hours and within 5 hours of listing the problem for help.
Well done tinkerbell. Thank god for the honest uninsured driver.

Well, with two uncalled for posts like this I can see where you got you name from! :

tazza255 has already said he stuffed up and is paying for it. Smartarse comments like yours do nothing for the thread!

[pauljh74]

Originally Posted by deesun

Nothing wrong with filling shelves at the local Coles/Woolies. Pays about 18 an hour at your age. Apply at all of them. In person and or over the net. Usually after hours/night work. Think of all the places that employ people after hours, cleaners, servos, clubs, bread vendors often need weekend staff but you better be prepared to get up real early, milkos too. All of these jobs I have done as well as my day job. You wanna get ahead you gotta work for it.

My first job was as a dockhand at a transport company. My interview consisted of a brief tour and the question "so are you still interested?" Now they usually get staff via labour hire companies. A guy I worked with was working as an apprentice panel beater and working 4 hours (4-8pm) most days. Pay when I left 16 months ago was $25/hour casual because it is afternoon/evening.

[3vXT]

Originally Posted by Craiginmackay

This is from post one, your first post.

I somehow got the impression you weren't working but can't for the life of me figure out how. :

You suck at quoting.

Originally Posted by tazza255

now the insurance company calls me demading $2000 when myself and her had a personal agreement i would pay half her premium ($300) now at that point in time i have no job or no centrelink i explain this too them and they still demand $2000 and now the story has all of a sudden got a dog running across the road wich no one mentioned at th accident also no police report was filed,

[dave289]

Originally Posted by tazza255

ANYWAYS im over it ill just pay for her mistake and put myself in debt even more

you are not paying for her mistake you are paying for your mistakes.

1 driving too close to somebody,dont you people get it
2 not paying attention and smashing up somebodies car(glad is was'nt mine)
3 not having insurance
4 blaming somebody else for your mistakes

you ran up somebodies **** ,its your fault ,you were not paying attention and driving to close to somebody. the only advice I will give you and one very good piece of advise is "learn from your mistakes to avoid them happening again".dont worry this is all part of the learning process to make you a better person, a better driver and to make your life easier later on by knowing what to do and what not to do.yes this is painfull for you now you will get over it and everything will be fine.

PS .it is a bit insulting to some other drivers on here when you are young, ran up somebodies **** and then make out it was the other drivers fault.sorry but most of us look down upon this.

[b0son]

Originally Posted by tazza255

we exchanged details and her and myself made a personal agreement that i would pay half her premium

what would this achieve? her insurance company would still pursue you for the cost of her repair in its entirety. i take it you have NFI how insurance works? well, you do now.

even though i felt the accident was caused by her not slowing sooner and indicating around the stopped car (in a clearway)

What you felt is irrelevant. You hit her, you werent maintaining an adequate gap (if it was adequate, you wouldnt have hit her).

i explain this too them and they still demand $2000

no doubt after laughing their heads off.

i dont just have $2000 laying around. :togo:

cars are for grownups, you clearly havent yet. get off the road until you do.

[The G6ET Spot]

Originally Posted by tazza255

what would a good second job for me be ??
only yr 10 education

Unfortunately with a reply like that I hold out very little hope for you in the future. Unless you suddenly wake up to yourself and realise that there are plenty of jobs out there that you do not need to be a rhodes scholar to do them.

You will probably get a real surprise that they pay more than mechanics wages as well.

You can work in a pub or club at nights and/or weekends, as someone else said, afternoon shift for 4-6 hours at a transport company. There is a large array of jobs out there that can be done with a year 10 education.

But I do get the feeling that you just make excuses not to do them.

All we can do now is wish you good luck and hope that everything works out for you and keep us posted on how you go.

I can fairly well assure you that nearly all self made people have worked second jobs to get where they are.

A lot of people have given you some very good advice in this thread, now it is entirely up to you as to what you do with it.

THE BALL IS IN YOUR COURT NOW!!!!

[seduced_xr]

Originally Posted by Russell

Here's some advice, never play the victim. Nothing will ever happen for you, you have to make it happen.

I only have a year 10 education and look where I am, mid 20's with a house in a decent area, great car and a decent amount of play money.

Work hard, don't ever take things for granted and you will do well.

i can agree with this. i dropped out 1st week of year 11 and spent 2 months at home. i felt like a bum just isnt the life for me. im now a pc tech 3 days a week and are saving a nice amount of money and am deffinately in the clear to buy a low km bseries futura or up. im not saying the works easy but when you look at a hard days work and then the bank statement comes in well thats a good feeling. buying your own things and not relying on every1 else to pay your way

[SM1DY]

It's not hard to find a 2nd job, it might be hard getting it though. I know what it's like to work 2 jobs and it sucks A*#@!!! It's no fun getting up at 6 in the morning, working til 4 going to coles for a 6 - 9 shift, then getting up the next day and doing it all over again.

If your smart with you finances you wont have to do it for to long, and I was lucky only to have to work 55hr work weeks for a year.

[Loverboy]

a big company hungry for money? and this is news?

australians who think insurance companies, banks, etc...are there to help them usually don't know very much of what is really going on around them. always trying to acheive higher status and chasing after useless trinkets not caring about their real problems

yet these australians continue to pay for insurance. i notice a lot of people in australia see the flaws in their society and just accept them because they say "thats the way it is". if i came to your house and took your dog you would stop me, right? but if the police came to take your dog you would hide him or submit. what happened to this countrys fighting spirit? you fight in foreign wars but you do not fight your own most basic problems

i like this country but a lot of your men need to man up like the natives of this country. MAN UP

can i get an AMEN?

[xurbanx]

Unless you've got a witness to witness the personal agreement, or you've gotten her to sign the agreement written in paper, it won't go through. As far as the insurance goes, they could've viewed it was tailgating the lady and/or following too close.

It's hard no doubt, but take it as a lesson. Plus the government grants are coming soon, so hopefully that'll lessen up the blow a bit.

[platinumXR]

Originally Posted by Loverboy

a big company hungry for money? and this is news?

australians who think insurance companies, banks, etc...are there to help them usually don't know very much of what is really going on around them. always trying to acheive higher status and chasing after useless trinkets not caring about their real problems

yet these australians continue to pay for insurance. i notice a lot of people in australia see the flaws in their society and just accept them because they say "thats the way it is". if i came to your house and took your dog you would stop me, right? but if the police came to take your dog you would hide him or submit. what happened to this countrys fighting spirit? you fight in foreign wars but you do not fight your own most basic problems

i like this country but a lot of your men need to man up like the natives of this country. MAN UP

can i get an AMEN?

...wow...you're ingerish is MUCH better now. Been having lessons?

[gtfpv]

i think TAZZA 255. is doing the right thing by not replying anymore in this thread . he has come here for advice and received advice . hasn't bagged anyone , and taken on board peoples views . he has made decisions accordingly. this guy is by no means a bludger , but seeking advice and showing true responsibility.
no need for flaming .

[BHDOGS]

I was lead to believe bankrupted people cant get insurance so if he went bankrupt to pay of this debt he wouldnt be able to get insurance anyway?

[AlbertM]

You should not have agreed to pay half, it like an admission of guilt.

[snappy]

Tazza if you read this its up to you . But forgetting what you should have or should have done.
Your options are
1. fight it but considering you hit her from the rear ,so theres basically not a shot of getting off with it.
2. Get in contact with the lady and have it quoted and fixed by a professional with out mentioning insurance this will drop the price buy a huge sum . Get a few quotes if you wish or even offer the panel beater cash.
3. also contact the lady and try to renegonate your deal but this benefits you by no means her
4. get the insurance company to get more than one quote this is well within your rights

Personally if i was you i would go with number 2 ,Good luck mate your young and just remember this why we have insurance most of us learn the hard way .

[3vXT]

^^^ She could have had it fixed already and even if she hasn't why would she not go through her insurance after she's paid for it and made the claim?

[snappy]

Why. to help the fella out . She has made the claim but unless its not repaired i dont think its to late if it is to late . There is nothing you can do pay the cash one way or another

[wingTS]

Originally Posted by BHDOGS

I was lead to believe bankrupted people cant get insurance so if he went bankrupt to pay of this debt he wouldnt be able to get insurance anyway?

Some one lead you the wrong way....

This is simple, lady has insurance, she claims against her insurance and supplies details of the at fault driver and does not have to pay her excess and probably does not effect her no claim bonus. Also gets car repaired by authorised repairer and has said repairs gauranteed for the life of car.

At fault driver gets bill for $2K being excess payment and probably cost of new bumper. The price of not driving at a safe enough distance behind the vehicle in front regardless of what hapened.

Put yourself in the shoes of the lady what would you do...


If you can afford a car you should be able to afford some sort if insurance...

[ltd_on20s]

i work for SGIC in SA and ill do my best here buds.

"Alright the story goes like this i was driving in December 08 in a 70kph zone leaving what i thought was to be an appropriate gap, now the lady in front slams on her brakes, and i jump on my brakes i was driving an old nissan now my car impacted hers leaving glass from my headlights in her rear bumper but apart from that there was no real damage"

sorry dude but your at fault for her rear damage
.
"she got out of the car and started blaming the whole accident on me and apparently i pushed her into the car infront which she has no witness for,
and i also heard a bang before i hit her,"

you need to be in contact with her insurance company, ask for a written version from the person in fron of her. they have to get you one as its a legal requirement when you ask for all the information so you can make an nformed judgement on wether you are liable for her front damage.

ie did the person in front of her feel one bump or two? if two she hit first then you hit her, in which case you are only liable for her rear damages

"i went to inspect the front damage on her car and there was a very minor ding in the front plastic bumper which could have been pushed back out by hand,"

unfortunatly as your not a qualified assessor or repairer, your idea off the damages wouldnbt get taken into account


"we exchanged details and her and myself made a personal agreement that i would pay half her premium even though i felt the accident was caused by her not slowing sooner and indicating around the stopped car (in a clearway)"

your 100% at fault for at least her rear damages when you hit someone from behind. her 300xs would have nothing to do with you. thats between her and her insurance, you are liable for her damages.


you should ask the insurance company whats the dog got to do with you in relation to the accident? how could you push her into a dog??

any ideas on what i can do to prove the accident was not my fault or even just pay the money we agreed upon (half her insurance)
as i dont just have $2000 laying around. :togo:[/QUOTE]

sorry dude, what is agreed between you and the other person has no bearing once she has lodged a cliam with her insurance
plus the fact that she goes thru insurance, belive me is cheaper for you. plus even if you said to her you have a mate that could do it, insurance offers her a lifetime gauruntee on the work, something mates and private doesnt do.

summary
1. ask for a written version from her and the person in front from her insurance company if they are trying too get any of the cost of her front damages from you. they have to oblige, they are not allowed to say no

2. if they have no details of the person in front they have no right to ask you for the money for her front damages as it cannot be substantiated that you were the cause of it

3. they cant ask any cash from you until they send you a "proof of loss". that is an itemised qoute and final invoice

4. call and make a payment plan with them. advise them of you financial situation and advise, ie that you cann only pay 20$ bucks a week. if thats all you can afford they have no choice bnut to accept. if they play hardball just tell them thats ok you wont pay anything and you'll take it up with either their customer disputes resoloution group(every insurer has one) or with the insurance ombudsman. believe me they wont want something like this to go there

good luck

[hawke]

Before you agree with the request for the insuer, ask them how Section 65(3) of the Insurance Contracts Act applies:

" (3) Where the third party is not insured in respect of the third party's liability to the insured, the insurer does not have the right to be subrogated to the rights of the insured against the third party in respect of the loss.

I think you will find this to your advantage.

Insurers do not have the right to recover their costs from uninsured third parties. However in my experince, most insurers are somewhat ignorant of thier rights and responsibilities under the Act. Somewhat surprising as the Act was assented in about 1986.

Anyway, get some competent legal advice, either from a solicitor, or a community justice center.

[ck11]

i work for SGIC in SA and ill do my best here buds.

"Alright the story goes like this i was driving in December 08 in a 70kph zone leaving what i thought was to be an appropriate gap, now the lady in front slams on her brakes, and i jump on my brakes i was driving an old nissan now my car impacted hers leaving glass from my headlights in her rear bumper but apart from that there was no real damage"

sorry dude but your at fault for her rear damage
.
"she got out of the car and started blaming the whole accident on me and apparently i pushed her into the car infront which she has no witness for,
and i also heard a bang before i hit her,"

you need to be in contact with her insurance company, ask for a written version from the person in fron of her. they have to get you one as its a legal requirement when you ask for all the information so you can make an nformed judgement on wether you are liable for her front damage.

ie did the person in front of her feel one bump or two? if two she hit first then you hit her, in which case you are only liable for her rear damages

"i went to inspect the front damage on her car and there was a very minor ding in the front plastic bumper which could have been pushed back out by hand,"

unfortunatly as your not a qualified assessor or repairer, your idea off the damages wouldnbt get taken into account


"we exchanged details and her and myself made a personal agreement that i would pay half her premium even though i felt the accident was caused by her not slowing sooner and indicating around the stopped car (in a clearway)"

your 100% at fault for at least her rear damages when you hit someone from behind. her 300xs would have nothing to do with you. thats between her and her insurance, you are liable for her damages.


you should ask the insurance company whats the dog got to do with you in relation to the accident? how could you push her into a dog??

any ideas on what i can do to prove the accident was not my fault or even just pay the money we agreed upon (half her insurance)
as i dont just have $2000 laying around.

It is post's like this, that make being part of a forum so invaluable. Well done Ltd. Half the people were harping on about taking responsibility and attacking the bloke, how did that help resolving the problem. It is easy to criticize, but constructive help and advice takes more brainpower/logic.

He agreed that he has made mistakes, he wanted to be educated and given ideas on resolving the situation, not b.s such as "you hit her, its your fault, pay up, or dont drive".

Besides, the issue wasnt whether he hit her in the back, he admitted liability for that! It was the fact that the lady claimed that his minor bump, pushed her into the car in front. If the lady had her brakes on, the OP would have had to hit her at pretty decent speed to push her into the other car.

[b0son]

Originally Posted by snappy84

Why. to help the fella out .

i would go through my insurance to save myself the hassle of having to deal with someone giving me quotes from their fathers cousins former roommate etc.

[Yaw]

Originally Posted by hawke

Before you agree with the request for the insuer, ask them how Section 65(3) of the Insurance Contracts Act applies:

" (3) Where the third party is not insured in respect of the third party's liability to the insured, the insurer does not have the right to be subrogated to the rights of the insured against the third party in respect of the loss.

I think you will find this to your advantage.

Insurers do not have the right to recover their costs from uninsured third parties. However in my experince, most insurers are somewhat ignorant of thier rights and responsibilities under the Act. Somewhat surprising as the Act was assented in about 1986.

Anyway, get some competent legal advice, either from a solicitor, or a community justice center.

Section 65 of the act is reffering to family and those that have a relationship with the insured.
For instance a husband reverses into his wifes car in the driveway. He would need to claim to repair his damages, and she would have to claim with her insurer to repair her damages. As the wifes insurer could not seek recovery from the husband, (or his insurance comapny)

And this section of the act has nothing to do with the situation in this thread as clearly he has not relationship with the person he hit.

Here is the full section of the act to read through:
INSURANCE CONTRACTS ACT 1984 - SECT 65
Subrogation to rights against family etc.
(1) Subject to subsection (2), this section applies where:

(a) an insurer is liable under a contract of general insurance in respect of a loss;

(b) but for this section, the insurer would be entitled to be subrogated to the rights of the insured against some other person (in this section called the third party ); and

(c) the insured has not exercised those rights and might reasonably be expected not to exercise those rights by reason of:

(i) a family or other personal relationship between the insured and the third party; or

(ii) the insured having expressly or impliedly consented to the use, by the third party, of a road motor vehicle that is the subject‑matter of the contract.

(2) This section does not apply where the conduct of the third party that gave rise to the loss:

(a) occurred in the course of or arose out of the third party's employment by the insured; or

(b) was serious or wilful misconduct.

(3) Where the third party is not insured in respect of the third party's liability to the insured, the insurer does not have the right to be subrogated to the rights of the insured against the third party in respect of the loss.

(4) Where the third party is so insured, the insurer may not, in the exercise of the insurer's rights of subrogation, recover from the third party an amount that exceeds the amount that the third party may recover under the third party's contract of insurance in respect of the loss.

(5) An insured need not comply with a condition requiring the insured to assign those rights to the insurer in order to be entitled to payment in respect of the loss and an insurer shall not purport to impose such a condition on the making of such a payment or, before making such a payment, invite the insured so to assign those rights, or suggest that the insured so assign them.

Penalty: 300 penalty units.

(6) An assignment made in compliance with such a condition or in pursuance of such an invitation or suggestion is void.

(7) In subsection (1), road motor vehicle means a motor vehicle that is so constructed as to be capable of carrying by road at least one person other than the driver.





.

[ltd_on20s]

Originally Posted by ck11

It is post's like this, that make being part of a forum so invaluable. Well done Ltd. Half the people were harping on about taking responsibility and attacking the bloke, how did that help resolving the problem. It is easy to criticize, but constructive help and advice takes more brainpower/logic.

He agreed that he has made mistakes, he wanted to be educated and given ideas on resolving the situation, not b.s such as "you hit her, its your fault, pay up, or dont drive".

Besides, the issue wasnt whether he hit her in the back, he admitted liability for that! It was the fact that the lady claimed that his minor bump, pushed her into the car in front. If the lady had her brakes on, the OP would have had to hit her at pretty decent speed to push her into the other car.

cheers dude.


If the lady had her brakes on, the OP would have had to hit her at pretty decent speed to push her into the other car

and thats right. they cant ask you for money for her front damages unless there is evidence you DID push her into car in front. and theparty infront would have to say "i only felt one bump" whichs means you did push her or" i felt two" which means she hit first.