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Thread: I got rear ended while teaching my son to drive

  1. #21
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    Make a claim through your insurance company. Because you are not the at fault vehicle your insurance company should still chase his. But claim for sure, he will cop the costs not you.

    Matt
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  2. #22
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    Make the claim sounds like it will never handle properly.
    Last time I was in that boat it was a bus that crushed my car. While it was at the smash repairers awaiting negotiations on what it was worth I went and removed all the accessories I had fitted as it was my car and not theirs. As they didn't pay out enough I was blunt on what I removed but did offer to sell the accessories back to them at my prices .

    Check the fine print on the paper work but you own the car unless they buy it with the payout.

  3. #23
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    Quote Originally Posted by George130 View Post
    Make the claim sounds like it will never handle properly.
    Last time I was in that boat it was a bus that crushed my car. While it was at the smash repairers awaiting negotiations on what it was worth I went and removed all the accessories I had fitted as it was my car and not theirs. As they didn't pay out enough I was blunt on what I removed but did offer to sell the accessories back to them at my prices .

    Check the fine print on the paper work but you own the car unless they buy it with the payout.
    Like your style George.....I did the same when I was younger and had a fully sic stereo, sports wheels etc in a car I knew would be a write off.

  4. #24
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    If the car is repairable and you really want to keep it just get it repaired and then send the bill to the other driver. He would then forward it to his insurance and they have no option but to pay.

    This happened to me in 1985 when I was at fault in an accident. I was wondering why after six weeks I had not heard from the other party.Then the bill arrived in the mail. $12,500, car is fixed now pay up. I passed this on to my insurance company and I heard nothing more.

    I had a chat with my solicitor about the three quote thing and he said if you are not at fault the three quote thing is just courtesy.You are within your right to get car fixed and bill the other party.

    Dave.

  5. #25
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    Send the other driver a 'letter of demand' for the cost of repairs including a quote from your favourite repairer. It doesn't have to be the lowest quote but make it reasonable. He will forward it to his insurance company and the negotiations will begin. They have no right to your vehicle, the same as the other driver would have no right. Forget that they are an insurance company and deal with them like they are another bloke. You'd never give up your car to some random bloke in the same circumstances. Always apply a test of reasonableness to any settlement and don't settle for anything you are unhappy with. Get some extra for the inconvenience if you can.

    Get some advice from your insurance company if that helps or a motoring association.

  6. #26
    Tombie Guest
    Roof creased = Vehicle dangerous.

    Think of the cabin as a coke can!

    Put an empty can upright on the ground and carefully stand on it..
    It supports the weight, right!

    Now tap a small crease in the side...

    It crumples flat.

    Now imagine the same with the car with your son inside...

    Claim and throw the wreck away.

    Your sons life is beyond monetary value.

  7. #27
    Sully Guest
    I'm a little confused as to what we are discussing here.

    Just to get this straight, someone ran into the back of you and you're talking about claiming?
    You've mentioned that the person who ran into you is fully insured. You shouldn't need to contact your insurance agency at all should you? Take your car to three seperate repair shops, get quotes and pass them onto the person that stacked into you. His insurance company will then select the best quote, or they might indeed have a preferred repairer.

    Aside from all of that - If the roof is creased, the car is dead and downright dangerous in the even of another accident happening. It will also be an unisurable car now. Get rid of it.

    In the future, get something stronger and full comprehensive insurance. It's not worth the risk, especially when your son is still learning to drive.

  8. #28
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    Thanks for all of the replies. I must admit that in the short time the car has been in the family, I have grown quite attached to it & therefore probably not thinking with my head. We have been very pleased with what we thought was a really good buy so are sad to part with it and also having to potentially stump up more cash just to get back to somewhere close to where we were before the accident.

    I will certainly be taking advantage of the some of the excellent advice given in the replies. The debate about which way to go rages on in the family. All good fun I suppose.
    + 2016 D4 TDV6

  9. #29
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    G'day Milton477

    First off have you reported this to the Police? as if the other driver hit you from behind he could/should be charged with negligent driving,(driving to close to you) it is his fault that your son's vehicle was damaged,get 3 quotes,photocopy them triplicate, keep one, and send one copy to him and one to his insurance company,with a letter of demand (preferably written by a solicitor) the claim is between your party and him/his insurance,there should be no need to contact your 3rd party insurer.

    You should have 3 day to report an accident if it is over $1000 but, seeing you were rearended he is responsable BUT I would write the car off with a creased roof and with the money buy another of the same make and model,wallah! spares as next time it could be you front gate


    cheers

  10. #30
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    Quote Originally Posted by UncleHo View Post
    G'day Milton477

    First off have you reported this to the Police? as if the other driver hit you from behind he could/should be charged with negligent driving,(driving to close to you) it is his fault that your son's vehicle was damaged,get 3 quotes,photocopy them triplicate, keep one, and send one copy to him and one to his insurance company,with a letter of demand (preferably written by a solicitor) the claim is between your party and him/his insurance,there should be no need to contact your 3rd party insurer.

    You should have 3 day to report an accident if it is over $1000 but, seeing you were rearended he is responsable BUT I would write the car off with a creased roof and with the money buy another of the same make and model,wallah! spares as next time it could be you front gate


    cheers
    Thanks UncleHo for the advice.

    After the accident, I contacted my insurer & was advised that as there were no injuries, I need not contact the police. I'm starting to wonder if that advice was sound now.

    Not having been in this situation before, I am coming to the conclusion that my claim should be against the merc driver for the repairs to our car, irrespective of the cost. What he does with that cost or where he gets the money from is his problem. I should also not have to negotiate with his insurer as to whether the repair cost is more than the market value.

    I suppose that in the interests of being reasonable, I would accept monies to the value of the purchase price of the car plus the cost of the repairs undertaken so far. At this stage, I have not made any further contact with the merc driver so I don't know what his take on the situation would be.

    If I was offered a silly settlement, maybe the Small Claims Court could be an option as I am clearly not at fault.

    As far as the crease in the roof goes, it is actually a small shallow dent about 1" across above the B pillar between the back & front doors. While I am concerned about the future structural integrity of the vehicle & the safety of my son, my decision making would be influenced depending on the structural integrity or otherwise of the car. Maybe I need too see an engineer.

    I'm getting the distinct feeling that the outcome of a situation like this is dependent on the good or bad decisions made early on. Trying not to make the bad ones.

    Thanks again to everyone for their replies.
    + 2016 D4 TDV6

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