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Crash with uninsured car...


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#1 CallMeFeral

Posted 16 February 2017 - 07:56 PM

So I'm just wondering if there are any other options here. Will remove later.

A friend of mine was just in a crash that likely wrote off her brand new car (a week old).

Someone in front of her braked (not known why), she stopped in time, the guy behind her didn't.

It turns out the guy behind her was not insured comprehensively. So he's up for a bill for a brand new car, plus his one.

She really feels for him, as do I. That kind of financial strain could ruin someone. But I'm not sure what options there are. He called up and asked her if she could report the incident as being the next day, so he could get insured, but she (understandably) didn't feel comfortable with that.

Are there any legitimate options here? Would she be allowed to not pass on his details or something, what would this do?

I know it's his fault for not having his insurance up to date, but similarly we all make mistakes or perhaps he couldn't afford it, either way I feel for the guy being up for the sheer amount of cost he's going to be up for. Are there any options?

#2 jenchristo

Posted 16 February 2017 - 07:59 PM

Not her problem. If she can't provide his details to her insurance she'll have to pay the excess and lose her no claim rating.

#3 SugarplumSnoozyfig

Posted 16 February 2017 - 08:00 PM

Does he have 3rd party property damage? We just had to cough up $650 in excess and that's not even looking st our car yet

#4 Paddlepop

Posted 16 February 2017 - 08:01 PM

Is he insured for third party property damage? If he is then her car is covered.

#5 Bridandzar

Posted 16 February 2017 - 08:01 PM

that is the risk he ran as not having fully comp insurance!

Edited by Bridandzar, 16 February 2017 - 08:02 PM.


#6 -Emissary-

Posted 16 February 2017 - 08:07 PM

Are you certain he doesn't have third party?

There's really nothing your friend can do to help him. Just let the insurances deal with him. They'll negotiate a payment plan and go from there.

#7 LUV-MY-KIDS

Posted 16 February 2017 - 08:08 PM

Does he have no insurance or just not comprehensive insurance, if he has 3rd party it will cover your friends but not his.

What he suggested is outright fraud and if your friend did that then both could be charged with fraud.   Same if she doesn't truthfully answer the questions of the insurance company.

It's his issue not her issue.  You drive around in a totally uninsured car that is the risk.  Your friend if it is that serious she should have called the police and reported the crash.  She should ring her insurance company and report asap, as if it is a ride off she may need to report to the police to get a report.

#8 maryanneK

Posted 16 February 2017 - 08:08 PM

do you mean he only has 3rd party insurance? Because then he'll just be up for his damage to his own car, not your friends

hopefully its not too much damage.... I used to ahve only 3rd party insurance when my car was a total bomb, it wasnt worth insuring, but it did mean my insurance was cheap and I was covered if I ran into someone else!

#9 Nasty Start

Posted 16 February 2017 - 08:14 PM

My cousin paid off someone's insurance company for YEARS after he crashed into their car when uninsured. The other party's insurance paid for their new car and then pursued my cousin for the cost. He was a student when he did it so the amount started quite low.

I'm glad she said no to the date change it's fraud and they'd have got caught - his insurance company absolutely would have looked very closely into an accident they day after he got insurance.

#10 Mollycoddle

Posted 16 February 2017 - 08:17 PM

View PostmaryanneK, on 16 February 2017 - 08:08 PM, said:



hopefully its not too much damage.... I used to ahve only 3rd party insurance when my car was a total bomb, it wasnt worth insuring, but it did mean my insurance was cheap and I was covered if I ran into someone else!

I had this too, $200 a year for a $2000 car. I was lucky that mine covered fire and theft as my car was actually stolen so my 3rd party property paid for repairs and towing when it was recovered. This insurance also covers damage you may do to things such as light poles, walls or even a house if you were to crash into it (which happened to my Mum when she left the handbrake off once).

Edited by Mollycoddle, 16 February 2017 - 08:17 PM.


#11 Schmig

Posted 16 February 2017 - 08:17 PM

I have a new car that was hit by a non insured driver just before Christmas. I claimed as normal and provided the other driver's details and license. I had photos of the accident too but they were not requested.  I did not have to pay any excess and the insurer dealt with everything.

It is not your friend's fault and the other driver needs to accept the consequences of not being insured. I would not be lying about the details of the accident as it will be a breach of her insurance policy and most likely fraud I would think

The insurance company will sue the other driver to recover the costs of the accident.

#12 Coffeegirl

Posted 16 February 2017 - 08:18 PM

Your friend should just report the accident to her insurer and use the correct dates, then let them deal with it.


He's trying to commit fraud and your friend does not want to be a part of that's. If the insurer finds out they may refuse to pay the claim on her car.

#13 CallMeFeral

Posted 16 February 2017 - 08:18 PM

View PostSugarplumSnoozyfig, on 16 February 2017 - 08:00 PM, said:

Does he have 3rd party property damage? We just had to cough up $650 in excess and that's not even looking st our car yet

Apparently not :(

View PostmaryanneK, on 16 February 2017 - 08:08 PM, said:

do you mean he only has 3rd party insurance? Because then he'll just be up for his damage to his own car, not your friends

I gather he only has compulsory 3rd party - that covers personal damage to the 3rd party, but not property.
TBH an incident like this really makes me feel that third party property should be compulsory.

#14 *JAC*

Posted 16 February 2017 - 08:18 PM

She should contact her insurance company, give them his details and let them sort it out with him. It's nice that she cares, but caring isn't going to fix her car.

#15 laridae

Posted 16 February 2017 - 08:21 PM

A crash bad enough to write off a car should have had police attending.  She can't lie.  She'll get in to big trouble!
She can not report it to insurance I suppose - but then she'll be up to the cost of a new car.
If the guy had 3rd party property, then that would cover he car at least.

#16 CallMeFeral

Posted 16 February 2017 - 08:22 PM

Ok. Looks like there's nothing she can really do to ease the burden for him.
Poor guy. What awful luck to crash into a brand new car.
Least it wasn't a Porsche or something I guess.

Edited by CallMeFeral, 16 February 2017 - 08:23 PM.


#17 brookelovesbub

Posted 16 February 2017 - 08:25 PM

I thought third party was mandatory and part of the registration? Or is that just in SA?
Either way, there is nothing legal your friend can do to help this guy. And with the car being a write off, police should definitely have been called!!
The guy may also have been found to be negligent and fined.

#18 CallMeFeral

Posted 16 February 2017 - 08:25 PM

View Postlaridae, on 16 February 2017 - 08:21 PM, said:

A crash bad enough to write off a car should have had police attending.  

I don't think they do that anymore.
Looking at their website


Will police attend crashes that do not meet the ‘Major Traffic Crash’ criteria?

Police will attend any crash where the answer is ‘yes’ to one or more of the following:
  • Is anyone trapped, killed or injured, or
  • Has anyone involved failed to exchange details, or
  • Do any drivers appear affected by alcohol or drugs, or

AND
  • Are police needed to direct traffic or deal with hazards, or
  • Does a bus or truck need to be towed, or
  • Are there hazards present (eg. leaking fluids, damage to power poles/structures, etc), or
  • Are there any other issues requiring police attendance (e.g. aggressive/criminal behaviour etc).


Will police take action against ‘at fault’ drivers involved in ‘Tow Away Only’ crashes?
Generally police will no longer investigate ‘Tow Away Only’ crashes, however they will retain discretion to investigate traffic offences detected in any type of crash and take action against offending drivers where they deem it appropriate.


#19 CallMeFeral

Posted 16 February 2017 - 08:28 PM

View Postbrookelovesbub, on 16 February 2017 - 08:25 PM, said:

I thought third party was mandatory and part of the registration? Or is that just in SA?
Either way, there is nothing legal your friend can do to help this guy. And with the car being a write off, police should definitely have been called!!
The guy may also have been found to be negligent and fined.

Third party compulsory (in NSW) just covers the people in the other car, not their property. I actually only learned this distinction a few years ago, and it wouldn't surprise me if others were under the same impression. It really SHOULD be compulsory I think. This sort of event could bankrupt someone :(

I don't think he was negligent - he just didn't respond quickly enough to the guy in front of them's braking.

#20 knottygirl

Posted 16 February 2017 - 08:30 PM

It sucks but it's a good lesson to make sure you have at the very least, 3rd party property insurance.  There isn't anything she can do. I hope she was covered. When we bought our new car they wouldn't let us leave the showroom without showing the insurance policy to them. Said so common for people to write off brand new cars as soon as they drive them out.

#21 IkeaAddict

Posted 16 February 2017 - 08:34 PM

View Postlaridae, on 16 February 2017 - 08:21 PM, said:

A crash bad enough to write off a car should have had police attending.  She can't lie.  She'll get in to big trouble!
She can not report it to insurance I suppose - but then she'll be up to the cost of a new car.
If the guy had 3rd party property, then that would cover he car at least.

In NSW police only need to attend if someone is trapped in the car/needs ambulance to hospital or if it is suspected that one of the people driving is under the influence of drugs/alcohol etc. I know this because when my 9 month old car was written off 2 years ago I called them and they asked me a heap of questions. Then when I went to the police to report it they told me there was no need as all parties exchanged details.

OP, it is not upto your friend to make life easier for the person who chose to drive their car uninsured. And yes, by running up someones rear end they are being negligent and can be fined by the cops IF the cops were to attend the accident (happened to a friend, she was the middle car in a 4 car rear ender, the guy at the rear had to pay the excess and got hit with a negligent driving fine). As long as she is insured she doesn't need to have any contact with this person that caused the crash at all. The insurer will sort it all out

#22 Paddlepop

Posted 16 February 2017 - 08:35 PM

View Postbrookelovesbub, on 16 February 2017 - 08:25 PM, said:

I thought third party was mandatory and part of the registration? Or is that just in SA?

SA only requires third party personal damage which is what we all know as CTP. It only covers people and not property.
http://www.sa.gov.au...hicle-insurance

#23 Veritas Vinum Arte

Posted 16 February 2017 - 08:49 PM

Yep report accident as it happened.

As PP said changing date makes her complicit in fraud which could potentially be jail or at a minimum having her insurance claim denied.



#24 nasty snaugh

Posted 16 February 2017 - 08:56 PM

View PostCallMeFeral, on 16 February 2017 - 08:18 PM, said:




TBH an incident like this really makes me feel that third party property should be compulsory.

I've been saying this for years.

Forget your own car, if you so choose, but other people's stuff is not your choice.

#25 fig_jam

Posted 16 February 2017 - 08:58 PM

Awful luck?

He could have maintained a safe distance and not hit another car. He could have taken out appropriate insurance. Luck has nothing to do with it.

Unless you say lucky he didn't hit a car with kids in the back and killed someone.




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