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

Originally Posted by UncleHo

G'day Milton477

If the crease is by the "B" pillar then the car is structurally damaged and is seriously weakend,and as such would be a statuary write off not repairable,even a slight bump on that side would cause the vehicle to fold on that side

cheers

The penny is slowly dropping... It has to go. Thanks.

Originally Posted by Milton477

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.

Generally the consensus is that unless there is an issue with the other driver ie they are refusing to give details, attempting to leave, being aggressive etc, or if someone is injured and requires medical treatment, that the police do not generally attend. If someone does call them they will come out but it isn't a priority job unless the road is blocked or there is some danger posed by the accident, so the towies may have already cleared it up before they get there. You can and probably should report it, they may get a belated ticket in the mail but when this happened to me back in 2005 I got a, wait for it, $30 fine and one point, for following too closely even though I was rear ended and shunted into the car in front. I'd say if they don't attend the scene itself, chances are that is the most the other driver would get.

Always take photos on your phone, lots of photos, take a pic of their number plate as well for reference, and the rego sticker, photograph all the damage to their car and to yours. A picture tells a thousand words.

Ain't that the truth!

As mentioned, the car has major structural damage, is unsafe, and should not be on the road any more. It is only a car, and you can find another the same or better. Your son's safety is more important.

I had someone in a (borrowed) ute reverse into me when I was learning to drive. In this case dad had full comp. insurance so they handled the claim.

I assume you have full comp with the same insurer on another car? I would contact your insurance (again) and advise them of the best way to proceed. They may even handle things for you???

If it was a restored classic, I would agree with Diana (lotzalandies), however it is a fairly common car. As long as you are being given fair market value then I would have no qualms handing the car over - it is probably worth about $200 in its current condition.

The usual process if the car is repairable is to get 3 quotes and send them to the other party and/or their insurer along with a letter of demand. Since the car is a writeoff, it will likely need to be assessed by the relevant insurer.

Look up the market value on redbook for the particular model. The insurance company will probably try and pay you the lower end of that range. However may be willing to go up if you can prove it was better than average. You can also pay an independent valuer to value the vehicle.

It is a buyer's market for used cars at present. I am sure you will be able to find an equivalent or better example for what you paid.

If the police attend they will breath test all drivers. If the driver that hit you happened to have had one too many their insurance won't pay up leaving you to fight the driver for costs. If they have no money or assets you lose.

Dave.