Thread: Disco Pranged thats me out!

Go to your insurance co, explain the issue and offer to pay the difference on the comp insurance. Then they can pay you out and claim it back from his.

I've had acco's before with similar issues and just claimed on my insurance and gotten repairs and they took care of the rest. He's insured, period. It's up to your insurance to go to his and his insurance to get the excess regardless. They took on the risk of him not you.

Originally Posted by THE BOOGER

Not really I deal with them almost daily and have very few problems with the locals have even employed them in the past have some problems with the rules and laws they have to work with though

Hahaha fairenough

Ring ministry of fair trading because if he is insured his excess is not your concern, but that of the insurance company and should only be relevant to his claim on his vehicle. Failing that tell him point blank if he does not pay it you will be making a claim in small claims tribunal and spend the $60 odd dollars lodging a summons. Make sure you also let him know that if it goes that far you will also be seeking court costs and loss of income costs. Also find out if you can have restrictions placed on his passport.
Another tact you could take is to tell his insurance company to deduct the excess form the payout so at least you get something and then take him to small claims court. At the very least ring the ministry of fair trading and/or talk to the relevant ombudsman and your local elected member.
Another thing you could do is ring today tonight and have them pose the question about international drivers not complying to Australian road rules.

Student or not, it is his responsibility to be able to pay the excess - it is a bit out of order having an excess say you can't afford to pay.

Feel your pain Mick, the situation is just wrong. Please follow Craig's advice and get onto the Insurance Ombudsman or follow GIOs Complaint Resolution Process General Insurance Enquiries and Complaints Scheme (IEC)

I know its different being full comp insured but when I was involved in a nose to tail (the last bloke connected all five of us together), my insurance company wanted me to pay the excess because I hit the bloke in front. I explained that the guy behind connected us together thus he caused the damage and they can chase him for the excess. Never had to pay a cent.

Good luck.

His insurance company does not have any obligation to you. You have to make a claim against him, it is up to him to either pay you, present it to his insurance company for them to pay you or he can ignore you and hope that you will go away.

Until you make a claim against him they can all sit fat dum and happy hoping you will go away.

His insurance company has no interest in helping you out, you are not their customer, they will fob you off with bs about him not paying his excess. He probably hasn't even made a claim against his insurance.

As for the licence issue I think people would do well to accept that there are accepted practices that allow you to drive in other countries on your home state licence. I have had the privilege of driving in many other countries without having to get a local licence. The international drivers licence is not as widely known about as the auto clubs would have you believe.

Back to the insurance issue. The options you have are, pursue the other driver via standard legal means or suck it up and put it down to experience.

Good luck, hope you can get legal procedings started and get something out of him/his insurance.

Originally Posted by landrovermick

Howdy all a couple of weeks before christmas i was in a prang in Parramatta where some Sri Lankan National whilst driving on his Sri Lankan licence turned right at a no right turn intersection across in front of me causing me to T bone him.

So the Bullbar on my 93 disco took most of the brunt of the prang but screwed the bonnett, and lhf guard grille and headlight surround in the process.

I got a quote done ther other day - 7 odd grand was the damage - so expecting my vehicle to be written off today i called his insurance co ( i changed mine to third party property this year owing to the low agreed value of my car) Im told by his insurer that althouygh they can assess the claim they cant sign off on the repairs / write off until he pays the excess.

The best part is yet to come ole mate doenst have the $1100 excess - recons it will take him 22 months to pay it off they wont wear that and will close the claim in three months without fixing my car if he doesnt pay up- how much does this suck!

SO lemme re cap take out insurance policy cause accident dont pay excess walk away scott free, back on your sri lankan licence and student visa.

i guess my only option is take out some type of writ or small debit summons but thats costs money and he has none - id probably spen 1/2 the pay out getting themoney in the first place.....I might be able to do this myself as im not unfamiliar with the inside of a court room but civil matters are out of my league!

Yes today was a bad day!

Oh while im here can everyone please check my want ad in the marketplace and see if you have some parts to help me out?

Mick

Get hold of Geoff (Booger) he'll steer you right, don't delay, Regards Frank.

As well as going to Fair Trading etc perhaps consider talking to the TV current affairs shows. Sounds like an anomoly they would be interested in. And I think any pressure you apply can only help you????