Motor Insurance Claims
Car accidents can be scary. But your insurance claim needn't be
Many people don't understand how insurance works, so when it comes time to lodge a claim, they're not only upset at the necessity (after all, who claims because something good has happened to them?) but also confused about what happens from that point onwards. I didn't understand how it worked myself, until I started working in that industry, and since there's been quite a few events recently that have necessitated a lot of insurance claims, I thought I'd help create a bit more understanding about how it works.
Image by Users Lupin, Arpingstone on en.wikipedia [Public domain], via Wikimedia Commons
Types of Car Insurance
What's the difference? Well actually, quite a bit.
Generally speaking, these are the three (3) policy types you will be most familiar with being bandied about when talking about motor insurance. A lot of people aren't aware of just what the differences are between them, so here they are in basic terms.
Image: FreeDigitalPhotos.net
Compulsory Third Party (CTP)
This is the policy you pay for along with your registration every year, and you MUST have it. CTP helps to cover the cost of personal injuries caused in a motor accident, generally those we have caused to other people. Some CTP policies also cover the people who were in the car with us at the time of the accident, and also any injury we as the driver sustain.
Not all CTP policies are the same!!
I strongly suggest you look up exactly what yours covers.
Third Party Property (TPP)
This policy is often confused for CTP, but in reality they are quite different.
TPP covers the damage you cause to another car if you are at fault in an accident, but not to your own. If the other person is at fault, then the idea is for you to claim under their insurance policy.
Some TPP policies have a special extension if the at fault party who has damaged your car doesn't have any insurance. Generally speaking you will have to provide some sort of evidence that the TP isn't insured, and then you will likely only be covered up to a certain monetary value which is specified in your PDS. I have not noted any amounts here as each company has different terms and conditions; please read your PDS for the specifics of your particular policy.
There is also what's called Third Party Property with Fire and Theft (TPP F&T). This works just the same as the standard TPP but your car is also covered in the events of fire and theft as well.
Full Comprehensive (FC)
This is the policy I would personally recommend you invest in having. A FC policy will cover your car and the TP's car if you are at fault, and will cover the damage caused to your car by a TP when they are at fault. It also covers you for instances where that telephone pole leaps out into the middle of the road.. :-)
Usually you will find it also comes with some standard and optional benefits, e.g. hire car, free windscreen, etc. Again, each company has different benefits and stipulations in their policies, so you will have to read your PDS for the specifics.
Useful Devices
A GPS of some description can be quite the useful device, especially if travelling in unfamiliar territory.
I like to have mine showing me a map of where I am, even if I'm not actually using it to help navigate, as I don't always know the names of the roads I use regularly, then have to give directions to people.
The other nifty thing about some GPS devices is that you can program it to sound an alarm when you go over a predetermined speed limit, thus reminding you that perhaps your foot has a little too much lead in it today!
Insurance Jargon
A few insurance terms that you may possibly come across
It has been my experience that majority of people confuse some basic insurance terms, so the following are a few I found myself needing to explain.
This list is by no means exhaustive, and if you happen to have come across one that you would like mentioned here, please feel free to drop me a line, and I will add it as I can.
Covernote
This is the agreement of what your Policy will become once you have paid your Premium.
Policy
This is what you have paid your Premium to be covered for. When we talk about Product Disclosure Statements (PDS) this is the information about what your policy covers. Your individual Policy Statement or Insurance Schedule is generally sent to you at renewal time, and will have the details for what kind of cover you have, how much you are paying, the make and model of your car, the modifications and accessories you have notified the Insurance Company of, and any additional benefits you have purchased.
When you take out a Policy you will be given a Policy Number. Always a good bit of information to keep handy.
Premium
This is what you pay annually or monthly (depending on the option you chose) to have an Insurance Policy. The amount you are required to pay can, and frequently does, change from year to year, depending on circumstances.
Claim
This is what you make when you have an accident; an Insurance Claim. When you have lodged the Claim you will be given a Claim or Reference Number - a Very Important piece of information! This is what you will need to have when you call the insurance company for updates on the progress of the repairs to your and/or the TP (Third Party)'s car.
Excess
This is what you pay at Claim time if you are at fault, or cannot provide the details of the person who is at fault e.g. struck while parked, Third Party unknown.
If when you are lodging the Claim the operator is unsure of whom exactly is at fault, they will often 'hold' the Excess until more information becomes available; that means it will be flagged on your Claim, but they will not ask you to pay it just yet.
There are actually different types of Excess' applicable for different people in different situations.There is usually a Standard Excess, but you can also have an Age Excess which is applied based on the age of the DRIVER not the owner during the accident, an Inexperienced Excess, and an Optional or Flexi Excess which is generally tied into your Premium. For more information on Optional or Flexi Excess', I strongly suggest you speak to your Insurance Company as the specifics vary.
When an accident occurs, there's always the question of who's at fault for causing it.
Look for these boxes throughout the hub for some basic at-fault scenarios. They aren't hard-and-fast, but should give you a slight rule of thumb (especially in Queensland, Australia!) as to the where-of's of accident liability.
Useful devices
I used to own a ute, who I sadly had to retire a few years ago. One of these came built-in my new car, and I very much wish I'd had one on the ute, which was much longer and harder to gauge distance in.
A reversing camera is useful for when you're reversing into a parking space, especially one with a pole or wall behind it. I've also found it useful when reversing out of a carpark into the road, as it can see further down the road than I can.
It DOES NOT negate the need to turn your head and use your eyes - that's very lazy and unsafe driving. BUT, it can make life just that little bit easier sometimes.
The Accident
What you should do on the scene
Firstly, always make sure you get the particulars of the other person involved, specifically:
- Name
- Contact phone number
- Registration number
- Contact address
- Insurance company
This person is generally referred to as the Third Party.
It is worth asking the person driving if they are also the owner of the car, because if they aren't, you'll need to ask for the owner's details too.
Another good move is to take the contact details of any Independent Witnesses; that is, someone who was neither in your car or any other vehicle involved, nor is known by you or the other driver/s.
Whoever was at fault, try to keep your cool; heck, you've both just been in a motor accident! They're probably as upset that it's happened as you are.
If the incident is one where you've accidentally reversed or hit another parked car, always leave your contact details for the Third Party. After all, if the shoe was on the other foot and someone hit your car when you weren't there, wouldn't you like them to 'fess up also?
If the incident is a single vehicle only e.g. reversed into a power pole, then generally speaking there is no Third Party information to gather, unless you have run into someone's fence, in which case you need to speak to the owner as you are liable for the damage caused to their fence, and your insurance can cover that in most cases. Read your Product Disclosure Statement for more information.
If your car is safe to drive home, it's best to do so before calling your insurance company, because the last thing the operator wants is to put you in danger while lodging your claim.
Do not, I will repeat, do not lodge your claim while driving home on a mobile phone using a hands-free device - not only is talking on a mobile while driving not legal in some states, it's not a smart move because the claims operator will be asking you for detailed information and at the end of the call will be giving you your claim number, so your full and undivided attention will be required. Don't tempt fate for another - and likely worse - accident on the way home.
If your car is un-drivable, do not attempt to drive it home; call for a tow truck. If you have roadside assist, sometimes they can assist you with arranging a tow truck. If you don't have roadside assist and do not know the contact details for a tow company, by all means call your insurance company, as their claims operators will have a list of towing companies they use available and will be more than happy to advise you. Again, it's best to call to lodge the actual motor claim once you're safe and sound at home; while you can lodge from the scene of the accident while waiting for the tow truck to arrive, you should keep your mobile available for the tow driver to call you.
So, you're home, you're safe. Now it's time to make that call.
Image By Shuets Udono (http://www.flickr.com/photos/udono/408633225/) [CC-BY-SA-2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons
Quick FAQ
"If I'm at fault and someone's claiming on my policy, even though I'm not repairing my own car, will my premium go up?"
Not as straight forward a question to answer as you might think!
At the companies I worked for, any claim resulted in your premium going up somewhat at renewal time, however there are SO MANY OTHER FACTORS that go into calculating your premium, it would be ludicrous to try and say by how much that will be.
If you want to know more, call your insurer. They'd know best!
The Claim Lodgement
The basics of what to expect
Firstly, when you ring up or go into the customer service center, you will be asked to provide some information so that the customer service office can locate your policy in their system. Some of the identifying questions they may ask are:
* Policy number
* Registration number
* Full name
* Date of birth
* Telephone number
* Full address, residential or postal
Once they have confirmed with you that they have located the correct policy, the officer should usually outline what kind of policy you have, what additional benefits you have purchased, and the applicable excess'.
From here they will ask the driver to describe in their own words what exactly happened in the accident. It is important to be completely truthful and to include as much detail as possible; the officer will ask you more questions to clarify their understanding of the situation, and should then read back to you what they have written to confirm that they have understood clearly and correctly what has happened. They will also ask if there was anyone else in the car, were there any other cars involved, did the police attend, were there any witnesses whose details you obtained.
Next there will be some standard questions that everyone gets asked regarding what kind of license the driver has, how long they've been driving, how old they were when they started driving, whether they have consumed any alcohol in the 12 hours leading up to the accident, whether they have any previous claims or a criminal history.
Third Party details next, then Witness details, also Police Report details.The officer should then confirm the details for the vehicle involved such as make, model, what colour and kind of paint, and whether you have added any other modifications or accessories.
Sometimes, the insurance company procedure may dictate that the claims officer needs to ask you some extra questions, usually regarding the 12 hours leading up to the accident. The situations that call for these can differ between companies and even from claim to claim, and should be accommodated to with good grace. After all, the operator is not there to make your life harder, they are there to help you while also operating within the strictures imposed by the company. Please don't get grumpy with them about it - again, they're just doing their job.
Once all of the information has been collected by the officer, they will advise you of any excess' and/or rating effects applicable. They should also offer you any of your additional benefits, such as a hire car, and make arrangements for you.
Image: FreeDigitalPhotos.net
Repair Processes
What happens next
Each insurance company will have their own procedures that they use when it comes time to repair your vehicle.
Some companies will have the option where you can drop your vehicle off at a Customer Service Centre and then send you off in a taxi to wherever it is that you need to be next. They then organise for repairers to come in and quote on the repairs to your vehicle, and will have it assessed to make sure that the repairer that wins the job to repair your car had the most complete and cost effective quote (that is to say, they aren't ripping the insurance company or yourself off!). The car will then be collected by the winning repairer, and you will be contacted to be advised who that repairer is, and roughly how long it should take to repair your car.
** Please note: it's only ever an estimated time frame for repairs!! Unfortunately, things can and do go wrong, from staff being sick to there not being the parts available in your country. Please, please remember this when things seem to be taking 'too long'. The last thing anyone wants is a quick, shoddy job of it!
Other times you will be asked to provide some quotes for repair yourself, generally two for comparison. Once you have these you will be asked to book a time to take your car to the customer service centre for an assessor to look over the damage on your car against the quotes you have obtained. At the end of the appointment they will let you know which repairer has been successful, and you can then book your car in with that repairer at a time that is mutually convenient.
Other times, when your car isn't able to be driven, it will be taken directly to the customer service centre or repairer, and a similar process of assessment and repair will take place.
If you have already arranged and complete the repairs to your vehicle prior to claim lodgement, you may be required to provide copies of the quotes and some other supporting evidence before the claim is paid out. There is no guarantee that you will receive a full reimbursement for the cost of repairs you paid. I strongly recommend contacting your insurance company before undertaking any repair work - that way you don't run a higher risk of being even further out of pocket than necessary.
Again, each company has different processes and procedures, and those listed here are only a few. If you encounter another type of process, please feel free to contact we with the details and I am more than happy to add it on here.
Image: FreeDigitalPhotos.net
"I drove into something that wasn't moving (i.e. a pole, fence, parked car, etc)"
The driver will be held as At Fault - after all, it if wasn't moving, how could it have put itself in the way of a moving vehicle?
The one exception is when you have a door hanging open into another space in a car park, and someone hits it. Then the owner of the door MAY be held at fault as their door was encroaching on another car's space.
I've found an issue with the repairs....
That's fixable, too.
In the event something has gone wrong with the repairs to your vehicle, in most circumstances it's a relatively simple issue to address.
If you've noticed the issue when you go to collect your vehile after the initial repairs, you need to speak to the repairer or the assessor (depending on where you are collecting the car from) straight away! They may not be able to act on the issue on the spot, however the sooner it's brought to their attention, the sooner it can be scheduled.
If you've gotten the car home, and the issue presents itself further down the track, contact your insurance company and advise them of the situation. Try to include as much detail and fact as possible to avoid any miscommunications.
Generally, at this point you will be asked to take your vehicle either back to the repairer, or to the assessing centre. From there the issue will be inspected, and the best option to rectify and proceed will be discussed with you.
Voila!
Image: FreeDigitalPhotos.net
Quick FAQ
"If I'm not having my own car repaired, but the other person is claiming on my policy because it's my fault, do I still have to pay my excess?"
The short answer is yes: if you're at fault, the excess is your contribution towards the repair costs. If you have a full comprehensive policy, that would be for both your car and the TP car. If you only have a Third Party Propety policy, I'm afraid you don't get repairs if you're at fault.
A question of liability...
Was that my fault?
Almost everyone knows a story about a friend of a friend who got ripped off by an insurance company because they were held liable for the accident when in fact it was the other party.
The fact of the matter is, liability or responsibility for an accident between two or more vehicles isn't always clear cut, and what we would sometimes assume is logical isn't how the law sees it.
For instance: you're in a parking bay with your door open into a currently empty parking bay beside you. Someone turns into the parking bay and hits your car door.
They're at fault, right?
Well, maybe not. While most people assume the responsibility of this particular senario would be with the person who didn't look before driving into the parking bay, the car door is actually encroaching in their space. Go figure!
Whereas if they had hit your car without your door being open, they would have been responsible for hitting a parked car.
I know! Crazy, right?
To be clear, the above senario is what would happen under Queensland law (That's in Australia, don't you know), so the laws in your state, county or country may be very different.
The same could be said for hit in rear incidents. Generally speaking, the person with front damage will be held liable, as most of the time they have failed to travel at a safe speed and keep a safe distance from the car in front.
When there is more than one car involved in a nose-to-tail incident, try to remember how many times you felt the car be hit, as this can be telling for who is actually responsible for things.
My experience is that the person at the very back of a more than two car pile up can be held at fault if the drivers in front felt only one bump. However, more than one, and it might be someone from closer to the front, as sometimes people behind the original offender can be caught in the mess.
Each situation is individual, and will be assessed as such. The liability decision made the last time you had an accident of one type is not a guarantee of how it will pan out this time. It is the responsibility of the insurance officers charged with settlements and recoveries to ask many questions to obtain as much information as they can regarding the circumstances of the accident before making a decision. The more you cooperate with them, the more likely the process will be quick and smooth sailing for you.
That said, decisions made by insurance companies can and have been disputed by the party or parties involved before.
Sometimes this was done through the company's internal dispute resolution department, who is independent of the people involved in processing claims. Sometimes it goes to an ombudsman, and sometimes it goes to court.
I must be clear here: be very sure of your ground before pushing a claim dispute past the ombudsman level.
While it is your right to do so, it can be an expensive and protracted process, and there is no guarantee of joy at the end of it.
There are so many other situations that could happen, it is impossible for me to list them all here. Far better to drive carefully, educate yourself on the driving laws in your area, and stay aware when driving.
Image: FreeDigitalPhotos.net
"I rear ended someone"
With a few notable exceptions, the person at the back of a pile up will generally be held at fault. However, be sure to note (in the unfortunate circumstance of having been hit in the rear) whether you felt 1, 2, or more bumps. This could be very important at claim time!
Recoveries and Settlements
Who pays
The recovery and settlement aspect of the claims process is one some people may be familiar with if they have ever been involved in an accident.
Recoveries
This is the process of recovering the cost of the repairs from the at fault party - after all, if you did the damage, it's only fair you pay for it. This is when it's important to pay your excess, because with rare exceptions, it's likely to be much cheaper than any of the repairs required by the other person.
If the TP's insurance company doesn't have your insurance company's details, you'll likely receive a phone call from them to check if you have lodged a claim with your own insurer. This is one of the reasons you have insurance, so they can deal with these people the the negotiations that sometimes take place for you. Once you've paid your excess, you can leave the other party to float out of your mind, and concern you no longer: the big guns have it in hand.
Settlements
This is when the insurance company of the at fault party pays the other insurance company for the cost of repairs. It's taking the financial responsibility for the accident, and is frankly why we have insurance.
Recovery and Settlements Officers frequently negotiate between them for the cost of repairs, hire cars, and some other costs that might be associated with having a car repaired, and they're pretty darn good at it too. They primarily communicate with their counterparts at other insurance companies, but will sometimes talk to customers also, especially when trying to gather information to make a liability decision, or dispute a liability decision.
I strongly recommend contacting your own insurance company when you have an accident for advice as soon as you can after the accident - don't put it off and possibly have a debt collector chasing you.
Quick FAQ
"I think the repair cost was a rip-off; how do I make them not pay?"
Umm, well, you DON'T. The insurance company has trained assessors and experienced repairers in their employ, all of whom work together to make sure the repair cost is as competitive and cost effective as possible.
While you mightn't feel that the price is a bargin, at the end of they day, the only cost you will personally have to worry about is the excess.
Stress less, and let the big guns bat it out for you :)
P.S. If you take away just one thing
I want people to have a better understanding of how a motor insurance claim works, both for their own benefit as the person claiming, and also for the person or persons who will be dealing with the claim on the insurance company end, to create a lot less stress all-round!
The people serving you who work for the insurance company are just like you - people. They do the very best they can within the confines of the policy and procedure imposed by the Powers That Be, and the time and circumstances they find themselves in.
Speak as you would prefer to be spoken to, and remember that you get more bees with honey than with vinegar.
Now that you have some basics, are there any more questions?
Obviously the information I've provided won't be correct for each and every senario you encounter. There are so many variables, it would be quite difficult to have it all on one lens!
However, I have a few ideas of things, based on the trend of comments I've been getting, for some affiliated lens ideas.
Please let me know which options you feel would be most beneficial to you!
Keema, could you pretty please make a lens about:
Australian Insurance Companies
Here's a by no means exhaustive list of Motor Insurance Companies in Australia.
If there's a company not listed here that you would like added, please let me know and I will add as many as I can.
- AAMI
Get your Car Insurance, CTP Insurance, Green Slips, Home Insurance, Travel Insurance and Business Insurance with AAMI Homepage Get a Quote New Quote Retrieve A Quote Make a Payment Customer Service My Policy Manager Skilled Drivers Claims Dealing wit - Allianz
Get a car insurance or home insurance quote in 2 minutes. Besides car insurance and home insurance, Allianz Australia also offers business insurance and life insurance. Insure with one of Australia's largest general insurance providers. - Apia
Australian Pensioners Insurance Agency - CGU
CGU is one of Australia's largest intermediary-based general insurers. Part of Insurance Australia Group, we offer a wide range of commercial, rural and personal insurance products for individuals, families and large multi-national corporations. - Budget Direct
Australia's CHEAPEST Car Insurance. Awarded by Money magazine 'Best of the Best'. Save 25% on Comprehensive Car Insurance bought online! Quote now! - NRMA
NRMA Insurance and NRMA Motoring & Services, Australia's leading insurance, motoring and travel companies - RACQ
For insurance and road side assistance - Suncorp Insurance
The Must Have insurance. - Youi Australia | Car & Home Insurance
Paying too much for insurance? Get a tailor-made insurance quote and find out how much you could save! Call 1300 009 684 today.
Please help me to continue to help you! Any constructive suggestions for additions, alterations, improvements, etc. are ALL gratefully received!
Something to say? Be my guest! - "There's always room for improvement, you know-it's the biggest room in the house." ~ Louise Heath Leber
AUTHORThanks Andrew! I hope you found it useful :)
Such a nice and informative article on Motor vehicle insurance.
Hi Fiona. Super detailed article. Another area worth mentioning is when two cars collide whilst reversing in a parking area. All insurers in this case will find both drivers jointly liable, even if one did seem to be more at fault. Basically it's just too difficult to apportion blame when both are reversing... Also with your list of insurers, it's be great to see https://www.traderisk.com.au there. They specialise in insurance for tradies, including commercial vehicle insurance for utes and vans etc. It's worth adding that car insurance claims can be affected when tradies and other business owners don't tell their insurance company that the car is being used for business purposes. Cheers.
Hi,
I was just visiting and i see your nice and amazing post about motor insurance.I have lost my car in and accident and i am trying to get cheap car insurance.
Thanks for this post.
Hi,
My wife was involved in a car accident months ago (in VIC), the other party claimed fault and provided us an claim number to my wife. Despite having comprehensive cover, from her common practice she took this number and took it to the repairer of her choice. Without her knowledge, after they had an independent assessor check the vehicle they repaired the vehicle . Now the car is fixed, the repairer sent the bill to insurer and they have rejected the claim on the grounds of (a) higher than market value repair costs and also (b) they did not have their assessor check the car before repairs were made (they also rejected to pay for the hire car during repairs).
Negotiations failed. We are now looking at going to court against the insurance company to pay for the damages, they are counter suing my wife for their legal costs too. It's all a bit overwhelming for us both now.
Does the insurance company have legitimate grounds to not pay for damages despite the insurance company themselves accepting fault of the damages? (even if it's what they think is a fair cost)
Please share me your thoughts/advise!
great squid page, thanks
@anonymous: hey there Ridgiedidge,
you didn't say where you were mate, are you in Australia ? what state ?
There is heaps of companies to insure you surely, what about Coles ? Budget Direct ?, APIA, AAMI, Shannons, there is literally stacks of them out there, how many have you tried ?
I stupidly lied to my insurance company when making a claim. I said I was driving, when, in fact, my under 25 son was driving. He was not listed on the policy as a driver as I did not think he would be driving the car when I took out the policy three months earlier.
It was a single car incident. He ran into some temporary concrete barriers at night which had not been designated with hi vis cones or flashing lights.
The prime reason for my lie was to protect his driving record rather than to avoid a higher excess - but nevertheless I lied.
During a phone conversation with the insurer, the operator put me on hold while she checked something. While I was on hold, I mentioned to someone else in the room that I was not comfortable about claiming I was driving and a couple of other things. My background conversation was recorded!
An investigation ensued and it was only after I had again lied to the investigator that he asked me to comment on a transcript if that recorded phone conversation. Obviously i had to admit to my lie.
The claim was rejected (and I have paid for the repairs out if my pocket). The insurer has cancelled my two car policies, my wife's two car policies and our home insurance policy.
I have not been able to find replacements for any of these policies with any insurer directly or through a broker.
Is there anyone who would insure me under these circumstances?
I don't know if I or my wife can take the stress of the lack of insurance on our house and cars.
Help!
- AUTHOR
@angryaussie: Hi AngryAussie,
I feel for you, I truly do, and that sort of delaying and lack of a sense of urgency is one of the many reasons I no longer work in this industry.
Now, that said, I have never had anything to do with CTP either personally or professionally, so I have very little I can contribute. I can make a couple of observations though:
* the individuals who are looking after your claim are (generally) not the ones responsible for dictating how claims are processed; they are the plebs on the bottom doing the best they can with what they have.
* CTP claims are not quick. Ever. And that's because there is ENOURMOUS amounts of information to be processed, from mechanical reports on the vehicles involved to medical reports both pre and post accident. There have been many people who have tried to rip off insurance companies before, which is why it's such a long and protracted process now; they want to make sure they're paying out properly.
* insurance staff are generally overworked and have a portfolio that exceeds the maximum number of claims any one person should be expected to process with efficiency. I know this because it's the same across into the claims areas I worked in, and I can tell you right now, I slogged my guts out for my customers and still came up short because there just weren't enough hours in the day.
I understand your frustration - it's a real biarch - and I only hope I have given you something to think about.
Best wishes mate, I hope it comes to a satisfactory conclusion sooner rather than later.
- AUTHOR
@anonymous: Hi RebJ,
I need to ask; have you contacted your insurance company and asked them what they would do in this situation? From the sounds of things you haven't, and while I will always do my best to provide the best advice or information I can, nothing ever beats going to the horse's mouth.
Give your insurance company a call and ask questions; while the vehicle type itself isn't one that can be registered (or perhaps insured) there's obviously still a driver who is at fault, and if the police have her details, then the insurance company has something to go on.
Seriously, call them. Talk to them. The people who work there aren't all bad (I wasn't!)
- AUTHOR
@anonymous: Hi Aleisha,
I've not heard of AVEA before, so I'm completely in the dark as to how they operate.
If the case against the at fault party is clear cut, they should be able to pursue recovery action against them even if they haven't lodged a claim. If they have insurance it would be in their own best interest to call them in, or they'll wind up with the bill all themselves!
If all else is not working, contact the relevant ombudsman (in Australia that's the Financial Ombudsman Service, or FOS).
Good luck!
Hi,
We were recently involved in minor accident with our neighbours car. The TP party sustained minor damage. However at the time of the 'accident' we did not realise that their car was damaged. We didn't think to check the other car. They now claimed it was a 'hit and run'. We were only notified about it when they confronted us, claiming that they had a witness. To which we admitted fault. We had paid the excess, now the TP called up and wanted to claim for compensation (for them being without their car etc). Can they do that?
- AUTHOR
@anonymous: HI Mya,
If you've paid your excess, tell the TP to contact your insurance company and let them bat it out. That's what you pay the excess for, among other things.
Sometimes they are entitled to claim for that sort of thing, but as with anyone, insurance companies don't like to pay for more than they can get away with, so they will look at how they can knock those costs down. I don't know a great deal about that process as I was never in that area.
I strongly recommend contacting your insurance company, and if misfortune puts another incident of this type in your path, always stop and swap details, even if no damage is apparent at the time, and TAKE PHOTOS.
Good luck!
Hi everyone, there is a typo in the yellow sticky above this, proper spelling is SCENARIO lol
ok got that out the way,
This is about making a claim on someone else 3rd party CTP insurance in Qld.
I was selling a van back in September 2009 and had a buyer for it who was picking it up on the weekend.
On Friday night at 7pm I was cleaned up at an intersection by a drunk driver.
Van was a write off, I had few injuries that were non life threatening but nevertheless both my shoulders exhibited problems some 5 weeks later.
To cut a long story short I ended up taking on a lawyer to sort this out, RACQ insurance were not helpful at all.
The drivers CTP was with RACQ ....... my insurance had apparently lapsed days before. My fault tho as I thought since it was sold, there was no need to continue insurance ..... NEVER do that again !
So the claim is against the 3rd Party CTP insurance of the other vehicle, RACQ have admitted their driver was 100% at fault which solved that issue.
My bitch with all of this is here we are, almost 3 and half years later it is still not settled nor have RACQ made any genuine effort to do so.
So my advice to anyone out there is to NEVER insure your vehicle or take 3rd party insurance with a company who does not handle claims in a forthright and honest manner.
Would I ever consider RACQ for ANY sort of insurance, be it home or car or anything else ... definitely not
Would I recommend RACQ to anyone else ..... definitely not, except for vehicle breakdown maybe
It is quite apparent that after this length of time RACQ is employing more tactics to slow down the process, frustrate me and my lawyer, and hopefully convince me to settle for something less that what the situation deserves.
MASSIVE MISTAKE ..... that's never going to happen, I wil make all documentation relating to this claim available via a website very soon and request people to send me details or other such shameful examples.
The intention is to begin a very public ,,,,, awareness campaign which will be shotgunned out my social media around the country not just the state of Qld.
It is time insurance companies were held accountable and honoured their policies.
So I ask anyone who has had similar experiences, albeit with other insurance companies, to send me an email with their experiences and outcomes.
This corporate greed has to stop IMO, these companies are making massive profits and doing so because they deliberately set out to marginalize claims by employing various tactics which are tantamount to legal robbery of you the insured customer.
Am too angry to continue right now lol
My parked car (I was sitting inside) was hit by a mini motorbike. It was obviously not a registered vehicle, but there is damage to the back of my car (broken light and dents). The driver was not cooperative and did not supply any details when I asked for them, so the police were contacted. Turns out she was drunk, and she kept changing her story, initially saying I was parked in the wrong place (which i was not), then saying that I was driving and suddenly slammed on the brakes, and then saying I backed into her! The police were present when she was saying all of this. I gave an account of what I knew happened to the officer. My concern now is, if she doesn't have insurance (since her 'vehicle' is not registered), then where does that leave me? Would it just have to be covered by my insurance company? I am on my provisional licence so my excess is really high. What is the best thing for me to do?
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Hi, I was involved in a 3 car nose to tail in april, where myself and the car behind me were stationary and the douchebag at fault sped through a set of lights and rammed the car behind me into my car. I have finally (and very painfully!) managed to get the claim completed through our insurance agency (AVEA are absolutely hopeless and unprofessional, WILL NEVER DEAL WITH THEM AGAIN!) and did not realise we had been charged excess although not at fault, and had to pay it to collect the car once repaired.
I only now find out that the douchebag at fault will not claim liability, although there are 2 police reports saying otherwise. Our ever helpful insurance company AVEA has said we will get the excess reimbursed once they get paid, but that probably won't happen because he won't make a claim through his insurance and 'we can't make him make a claim so there's not really much we can do'
I was foolishly under the impression that was what we were paying them to do?
So how do I either:
- get said douchebag to make a claim?
Or
- make AVEA do their job and chase the claim up so we can be reimbursed?
Any help would be very much appreciated!!
- AUTHOR
@anonymous: Hi Owen,
Sounds like you're in a little bit of a pickle there! Do you have any factual details about the other driver at all? Such as a license number, rego number, phone number, etc? Provide all detail that you can to your insurer, that should help them get hold of him.
As for the engine and wheel bearing problems, if your insurer hasn't had someone inspect them since the body repairs were done, push for them to get it independently assessed; that is, not by the repairer who did the body works. If they are refusing to assess it, get an independent report of your own; if CGU are anything like the companies I've worked for, they probably have a list of preferred repairers they use, so maybe find another of them who does engine and wheel bearing work. This has the added clout of the pre-existing relationship between CGU and their repairer as far as truthfullness in the matter goes.
I wish you every success, mate. It's a biatch when people try to pull a fast one on you in these sorts of situations. Come back and let me know how you went, if you can. Good luck1
Hi Keema,
We had an accident a while back, a combi van ran into the back of our car. The gentleman supplied his details, and said his insurance was with Shannons. Turns out that his insurance was with AAMI and they have not been notified of any accident. We're now having nothing but pain with our insurer (CGU) who claim that apart from the body damage, the now troubling engine problems and wheel bearing problems we're experiencing were previous issues. This is bullcrap and we have a road worthy pass from NRMA for about 3 weeks before the accident. 2 questions I have if you can answer. 1) What can we do about the other driver and his false information? 2) What steps can we take to have our insurer pay for the other damage? Your help is much appreciated
- AUTHOR
@anonymous: Hi Paulq1,
That's an interesting senario, and I've no real answer to give you. Is it your insurance company that's paid out, or the TPs? If it's the former, suggest calling them directly and asking what's the go. If it's the latter, the TP's insurance company will move in their own time, and you should expect to hear from them at some point.
If you do find out what's happening, I'd love to hear from you! Different insurance companies operate in different ways, so it would help me to improve this lens :)
i bumped into someone, the damage was very slight but as their car was virtually worthless the insurers wrote it off rather than fix it. they have paid out to the third party (over a week ago) but still have not contacted me to pay my excess. there was no damage to my car. what's going on?
- AUTHOR
@anonymous: Carrie is absolutely right, call in the big guns and let them bat it out for you! That way all you have to pay is the excess amount, and you don't have the headache of dealing with the TP.
Good luck!
- AUTHOR
@anonymous: That's great news! That's part of what you have insurance for: for them to deal with the other party.
Was it one of those weird Victorian pull over left to turn right intersections? That might have some bearing on the situation, if so. Being a Queenslander myself, it's not something I've ever had to deal with.
Take care!
@anonymous: I think u should really report this to your or your parents' insurance company and let them deal with the other party. The insurance company will be able to determine if their claims are legitimate or just plain doggy. Definitely wouldn't recommend you to deal with it privately!
@KeemaWolf: Thanks Keema, apparently TP has contacted her insurance company RACV and AAMI will deal with them directly. Hopefully, they are able to defend my dad is not at fault, because the lady who hit my dad insisted that my dad should have waited for her to drive pass (which I don't understand what sort of theory she is based on). I will keep u updated on the result! Thanks for the reassurance!!
I rear ended someone the other day (going less than 5 mph, regardless I know it is my fault) , we exchanged numbers but both left the scene. She said everything was fine and didn't see the need for anything to be done, now they are calling (two days later) saying their brake system is messed up, their truck is shacking, and a few other things that don't make any sense. (keep in mind this is a 91 suburban and built like a tank) I, of coarse, have nothing wrong with paying for what is my fault, but what do I do if I think they are trying to cheat me? Also, I am a minor, so they are dealing with my parents as far as insurance goes, but they keep insisting I am 18 and should deal with me rather than my parents, (there being really odd, they refuse to give us their insurance info) and lying about some of the details of the accident) What's the best thing for me/my parents to do?
- AUTHOR
@anonymous: Hi there,
I'm guessing TN is the abbreviation for a state in the USA? I'm not familiar with what the road rules are over there, so I can only hazard the broadest guess.
It seems pretty silly to hold your husband at fault to me. Are you sure and certain it's your own insurance company who called? Again, I don't know US insurance practice or law, although I think some research soon might be in order.
I would suggest writing down the details of how it occurred, also all and any questions you can think of as to why they think your husband is at fault.
Sadly, I doubt if the TP driving without insurance and on a suspended license will have much impact on the liability side of the insurance claim; however, had the TP been insured in Australia and driving illegally, the claim would have been denied as they shouldn't have been driving anyway.
Good luck! I hope it turns out alright for you.
- AUTHOR
@anonymous: G'day Carrie,
Hope your father's ok!
It is standard practice for the claims lodgement operator to apply or "hold" the excess on a claim until the recovery team has had a chance to look over all of the information. They will take into account things like where the damage was on both cars, what type of intersection the incident occurred on, driving history, and some others that I can't quite call to mind just the now.
Was your father able to provide details for the other party, such as a rego number and/or contact details? If the TP insists on not communicating, she may find herself with a mercantile agent after her for some cost of the repairs.
For myself, I would likely have held the TP at fault, as you don't overtake a turning vehicle, however there's no guarantee that the recovery officer will make the same decision. If they do, however, AAMI actually has one of the best recovery rates of Australian insurance companies, so I'm sure they'll be fairly successful in getting her in the end.
Good luck! Would love to hear from you as to how it goes.
Got a problem. Someone WITHOUT INSURANCE & DRIVING ON SUSPENDED Drivers license.. hit my husband in the rear - hurt their vehicle and ours wasn't damaged at all..Now all of a sudden our insurance company has contacted us stating they think it was intentional that my husband "stopped" in front of the "driver" and if they pay the claim they will cancel our insurance. My husband says - he made a right turn, and the other driver make a left turn (across a divided highway).. behind my husband - he started blowing his horn, my 65 year old husband didn't know what was going on. He did stop (he drives a stick and I think the speed limit is 35 in this area and he was going maybe 15-20 mph).. so are we doomed? They have 2 witnesses (who wasn't @ the scene but later said they were sitting across the street and saw this)..This is the craziest thing in the world.. 1st of all my husband - is a nurse -65 years old.. and would never do this... What do you think?
My father was involved in an accident, he was driving on a residential street and had his signal on waiting to turn right. The car from behind decided to overtake him as he turned and hit his driver side door. We claimed with our insurance company AAMI, and they have put an excess on until their recovery team decide who is the at fault party. So far, the TP did not respond to AAMI, and I wonder what happen if she insist not to reply to anything? Would we have to pay excess then? If we do, then it wouldn't seem fair!
- AUTHOR
@anonymous: Hi Jaafar,
That's correct, you can't claim against yourself, and that's pretty standard. It would be similar if your partner had reversed into your car; the insurer would suggest you both lodge a claim, but we wouldn't be seeking recovery from the person who lives with you. It just isn't done - think of the issues in the home it could cause! Insurance companies don't want that to blow up and then become a media circus with them painted as the big bad corporate monster.
- AUTHOR
@hs2h-210608: OH goodness, what a pickle!
Had I taken your phone call, I would have held the person behind you at fault; she should have been watching you as the car in front of her, not assuming just because the light was green that you would be able to take off straight away!
I'd suggest get yourself a couple of quotes, one from a local AAMI recommended repairer, and see what the actual cost of repair will come to be. If it's less than your excess, go get it done, but keep all of the paperwork incase she does lodge a claim herself and you receive a phone call. At that point you can contact AAMI, lodge your claim, provide your paperwork for the repairs, and leave the negotiating with the TP up to them.
AAMI should review the quotes and if they agree that the TP is at fault should arrange a refund of the cost of repairs, IF they deem the cost to have been fair and reasonable. This is why you need two quotes, and make sure one is from one of their repairers.
If they disagree that it's the TP's fault, then you will probably have to pay the balance of the excess amount less the cost of repairs to your own car, and then AAMI will look after any further costs from the TP.
Good luck!
- AUTHOR
@anonymous: Hi David,
What a tricky situation! I'm really unsure of what the answer would actually be, but I would look to your Compulsory Third Party insurance to see what they have to say.
My own thought it, it's probably equally portioned responsibility; she should have looked out into the lane before attempting to cross, but I'd suggest if you're driving where it's difficult to see, slow down!
Hi
I reversed my Nissan Micra into my Honda CRV. Damage the rear of Micra and the driver's side of the CRV. Paid excess for the Micra but was also told to pay excess for the CRV as I was told I can't claim from my self. Both are from separate insurers. Can't seem to find anything to say such from the CRV policy book. Any advice please
Hi there,
I was in an intersection driving a manual car. When the light went green, I got a stall after the car moved something like 10cm. The car at the back hit the rear bumper hard that the metal part of the boot was damaged and now I cannot close my boot. It was so dark at the accident that I went out to check the rear bumper, I didn't see any damages but a few minor scratches, and the girl who was driving the other car was mad at me. I didn't bother to take her details as I believed that I wasn't at fault and my car was OK. After that, I went home and check again, the left side of the rear bumper was dislocated and caused the boot can't be closed. Im 20 years old and I after reading the policy I must pay 625 standard excess + 600 age excess if I cannot provide the detail of the third party.
That girl was so aggressive, I think she might be a little bit drunk and also told me her dad was a policeman, and took photos of my car. She was yelling at me like she wasn't the one at fault.
What should I do now? Contact the AAMI and pay the excess ($1225) or wait her to have someone (insurance company/ her dad) to call me so I can get her detail to provide AAMI? I think I can fix that myself for less than <$500 but if I do that and when she claims the damage against me then will AAMI defend me? And in that situation do I still have to pay the age excess if it wasn't my fault? And if I've already fixed the car will they pay for it?
I was in a collision in a parking lot last week with a pedestrian/shopping cart. I was driving through the parking lot during sunset and couldn't see virtually anything to my left. A car in front of me had just turned into a lane in front of me and I continued past the lot. A young lady pushed the front of her cart right out in front of my vehicle just after the other car had turned. The cart rebounded and caused some bruising to her foot. She refused medical attention at the scene of the accident and later filed a claim against me. Isn't she somewhat liable in this situation for pushing the cart in front of my vehicle?
- AUTHOR
@anonymous: Hi Amanda,
I'm so sorry to hear you've been in a smash, and I hope no one was hurt.
My knowledge at this time is based on what would happen according to Queensland motor law, so I can't be sure it would be the same for New York.
Unfortunately, it is very rare for the person who impacted someone else in the rear to not be held at fault. This is because it is the person behind's responsibility to ensure they are travelling a safe distance from the car in front, and should an incident as you've described occur, then they should have enough time to stop safely.
I hope it all goes well for you. Good luck!
Keema,
I was in my first accident last Saturday. I was driving along a major road in NYC, within speed limit, when the SUV in front of me stopped suddenly, I braks to stop, but my car ran right into the SUV . The SUV showed the imprint of the impact/graze from my car, but my car was totally smashed in the front. The airbags were not deployed. The SUV stopped suddenly because a man ran across the road in front of the vehicle, so the driver's choices were either to hit the man or stop. My question is; isn't this the driver of the SUV responsible for the damages to my vehicle? Shouldn't my insurance go after the other driver's insurance to fix the damages to my car?
@KeemaWolf: Thanks for article. Question, my vehicle was hit while parked in front of my house. The drivers insurance company had me take my vehicle to one of their approved shops, after inspecting my vehicle they want to write off as a total loss, I think that's ridiculous but said their guidelines says repairs have to be under 75 percent of the value of vehicle. Also said I could get another
estimate and If estimate is below this magical number they will repair. Do I have any options other than a "write off" offer as I want the vehicle.
- AUTHOR
@anonymous: Oh Lucia, you are so, SO welcome!
This is why I put this lens together, and I'm truly thrilled to hear it's helped someone. Thank YOU for taking the time to let me know - makes the hard work and time in creating this lens all the more worthwhile!
Good luck with it :)
- AUTHOR
@anonymous: Hi Paul,
That's a great question!
The truth is she doesn't have to provide you or your insurance company with anything other than her claim number for her insurance claim. Generally the two insurance companies will bat it out and worry about debating the cost amount, should your insurer have any issue with the amount. Most insurance companies work on a 2 to 3 quote system anyway, so it's likely to be the most complete and competitive quote that gets the job anyway.
Hope that helps!
Thank you Keema!
Thank you, Keema.
I was involved in a car accident last weekend first time in my life. Someone hit me from the left rear side when he changed the lane. He went to my car and blamed me for everything. I was in total shock and didn't react. Even it was rather small accident, no one was injured, I had bad dreams and am still shaking. I am trying to do the right thing and I didn't know what to do. Most of the posts in Google are relevant to US and not much helpful. Then I found yours, amazingly, you answered all my questions and you are talking about the policy in QLD! To be able to know what to do and what gonna happen, it is the best comfort I've got so far,
This was agreat site very informative...I have one point Im not clear with...Recentlt my wife had an accident and backed into the back of a neighbours car..Our fault..Can you tell me does she have to supply me or myinsurance with quotes before she undertakes repairs or can she just go ahead with the repairs without contacting my insurance or myself without giving us any quotes..Thanks for your help
- AUTHOR
@anonymous: Hi Rose,
Well, that would depend on what your house was doing on the road! ;-)
Just kidding.
In all seriousness though, there's really no call for a house to run into a car, so you tell me, who do you think is responsible?
Depending on what country you're in,you might want to push the driver's insurance company to repair your home, or you might end up with your home insurance premium going up a bit, even though you weren't driving your house at the time.
- AUTHOR
@anonymous: Hi Vanessa,
Unfortunately there's too many details i don't have about the accident to formulate an educated opinion, or give you any sound advice. Some things to think about though:
Which insurance company is suing you? Your sister's or the other persons?
What type of policy is on the car you were driving? What's the excess and have you paid it, or is that what the $1800 is?
What circumstances led to your hitting the other car? Was it parked? Was it stopped on the road in front of you? Did it change lanes and stop suddenly?
I'm going to stab completely in the dark and guess you're from the USA, as Aussies don't tent to speak of college, and neither do most Brits I've spoken to. Even if I've gotten the specific country wrong, unless you're in Australia, I just don't have the knowledge of the road rules you'd be subject too.
My best advice is to work with the insurance company to maybe work out a part payment plan. I know here in Australia they will wait until you've finished uni or college and when you're earning a certain wage then they will hit you up, but I don't know if it works that way there.
Good luck!
acar ran into my house who is responsible
Really good instructions on what to do if you're in an accident:)
this would have been nice to know before my first accident. Luckily it was a clear cut case of the other drivers failure to yield and I actually got enough money when my car was totalled to get another, nicer car. It worked out well in the end and nobody was hurt :)
If ever you are involved in an accident you should have one of these onboard.
Hi, i was in an accident a year ago which totaled my car and i hit them in the back of their car so they say it was my fault. Point is the insurance company is charging me $1,800 because the other car is suing me. I wonder what happens if i just don't pay, i've tried to tell them i don't have the money i'm a college student who's got a a ton of college loan debt already as is and can't afford to pay that right now. The insurance is on my sisters name though, what would be the worst thing that could happen if i just don't pay? ( i do intend on paying eventually but for the time being i would only be able to pay installments)
- AUTHOR
@anonymous: G'day Helsm,
I'm afraid I know very little about UK insurance practice, but if it's anything like Australia you wouldn't be able to claim under your own insurance, no. This is because you've insured your vehicle, which wasn't involved.
That said, you can perhaps arrange to pay the excess of the person who's car is damaged while they claim under their insurance, or even pay for the cost outright, depending on if it's less than their excess amount.
Hope that helps!
(P.S. the premium is what you pay to have an insurance policy; the excess is what you pay if/when you have to claim ;-) )
eek - need some advice, so i was travelling in my friends car, we parked up and my 3 year old son opened his door onto another car causing a 1 inch scratch on the persons car next to us, no damage to my friends car. now obvioulsy i don't want my friend to have to claim on her insurance as it was my sons / my fault. can i claim on my insurance? i have fully comp in the UK. will i have to pay my premium as about 5 years ago i dinked someones car and as there was no damage to mine i didn't pay a premium.
THanks to this information. It's not often you stumble on a nifty lens. Good job!
I'm in US,
a crash expert witness is somebody who does a reconstruction of accident.
Thanks
- AUTHOR
@diminished_valu: I always thought so too, but in the shock of the moment, I guess common sense isn't always near to hand.
Thanks :)
- AUTHOR
@anonymous: Thank you :)
- AUTHOR
@msalman-alfarisi1: I'm glad you found it helpful :)
- AUTHOR
@XODM: Thanks mate :)
- AUTHOR
@anonymous: Hi Hannah,
Generally speaking, if you're at fault and a claim is made through your insurance, it's likely your premium will go up.
Hope that helps!
- AUTHOR
@jeremybritain: G'day Jeremy,
That's generally true, although if he was able to provide the details of the at fault party for his company to recover from them his premium should have remained relatively untouched.
There's so many factors that go into calculating someone's premium, it's hard to be definitive. But no claim bonuses are certainly a good investment!
- AUTHOR
@OrlandoTipster: G'day mate,
I'm not familiar with the term crash expert witness as applied to the wreck. Are you in Australia? Generally if the insurance company has paid out on the wreck it becomes their property, although sometimes you can buy it back.
If the police require a report of their own on the vehicle, my personal thought is they should get themselves to where ever the car is and get what they need.
I'm sorry I really can't offer to much more info than that, the situation's too particular for a general answer. I hope your daughter is ok and that it all goes well for you!
Cheers.
Insurance company wants to take totaled car.
Lawyer tells my daughter should hold on to it for a crash expert witness.
What do I do?
Thanks
It's always a good idea to opt for a protected no claims bonus - even if it costs a little extra. My brother was rear ended by an uninsured motorist - it wasn't his fault but his premium more than doubled!
Hi,
I bumped someone while parking my car, if they claim on my insurance will me premium go up? There is no damage to my car so I won't be claiming. Thanks
- AUTHOR
@anonymous: Hi Bev,
Generally speaking, if you were at fault in the accident, then irrespective of whether you're claiming for your own vehicle, you are required to pay your excess. The excess is your share of the overall repair costs (including your own, if you have a full comprehensive policy) so that you don't end up having to pay for the full cost of repairs.
Also, there is usually only one excess applied to the claim, so if your car has been damaged as well, you should be able to get it repaired by your insurance company and not pay anything more than the excess.
Lastly, if you don't pay your excess, either the other person, their insurance company, or your own might seek recovery of the full cost of repair from you personally, and most of the time that's more than your excess amount!
Hope that helps!
Hi, question please:
If i have crashed into another vehicle, and they are claiming off my comprehensive insurance, however i am not claiming for my own car, do i have to pay excess?
great article! I really love it.
Great article, after read your lens, I understand what should I do on the scene accident.Very helpful!
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I appreciate reading lens like this one. I appreciate the presentation of the details. For all of the scenario, suffering from an accidents can result to fatalities and even trauma for the victims. After the occurrence of the incident the involve must determine the validity of the claims and have it settled.
Great lense!
Very good informative lense! GOod job!
Great article, I'm in the insurance business myself and it's surprising how many people forget to apply the most basic of skills after an accident. Thank you for the great information.
Thanks for sharing this very informative article about car insurance. I hope you can also add http://www.phildoring.com.au/ on your list of Australian Insurance Companies. thanks! :)
- AUTHOR
@anonymous: Hi Nancy,
What a great question! I'll get onto updating the lens with an answer for you ASAP. I used to get asked this a large amount of the time when I was in motor claims still, so it's certainly relevant! Thanks for that!
Good information. Would like to know what to do if the the other person involved in an accident doesn't respond to either insurance companies for statements or requests? Also how long does an insurance company have in that case to settle the claim if there insured will not cooperate to settle a claim?
Love the lens on motor insurance claims
Regards
Car Body Repairs
Thanks for sharing this insurance policy really i am looking for such policies which is beneficial for me.
life insurance
Accidents do often mean financial ruin for many people. It's important to have insurance coverage that provides protection. The cost is typically negligible. Accident compensation claim frustrations are typically over-dramatized by lawyers looking to profits from them. These shouldn't persuade someone not to get proper insurance.
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