Thread: Accident Letter of Demand

Originally Posted by garrycol

My damage

Well I went over to the truck hire company today - no real action though they did say they will be in contact tomorrow. We will see - the driver did have them convinced that the incident did happen in the carpark I had just left but that wasn't the case - the logic being most accidents in carpark are considered to be shared responsibility.

So I went and got some estimates done for the cost of repair. I got one back -$2935 .

See attached if your interested - I am surprised at how much they will pull off the rear of the car and even the back door. Also surprised at the labour rates - $30 per hour to pull it apart and reassemble and $57 per hour for the panel beating and painting. I was expecting these rates to be much higher.

Garry

It adds up really quickly. I'm sure the guy who ran into the back of our Rangie got a big shock when he (well, his insurance) got the bill for over $7K for a busted rear bumper and lower tailgate. They wanted me to get 3 quotes. I told them to shove it and took it to a premium prestige panel shop. They were great and said they would sort the insurance company out - which they did, and the repair was done better than new.

I took it to three quality repair shops. A lot of the dismantling that does not seem directly related to the repair is required to blend the paint - looks like from mid rear door and around to the tailgate and the bumper.

If it was me I would just give it to my insurance and let them handle it.
I know you said that you did not want to, but if you are not at fault it will have no issues what so ever with them.

Originally Posted by d2dave

If it was me I would just give it to my insurance and let them handle it.
I know you said that you did not want to, but if you are not at fault it will have no issues what so ever with them.

Unfortunately I have had a bad experience in the past where the other party told porkies to their insurance company and did not admit liability. My insurance company at the time took the easy way out as they do not want to spend effort investigating so I had to pay my own excess etc.

So I will wait to see what the hire company is going to do and if not satisfactory then I will put the claim in. There was a passenger in the truck and I have no witnesses other than my pic and the other driver is already claiming the incident took place in the nearby carpark.

Garry

One of your original pics shows a dbl white line does the car park have them or only the road near by

Originally Posted by garrycol

So with this amount of damage, though it will be more expensive than it looks I really do not want to claim on my insurance.

So as it is a Hire Truck should my letter of demand go to the driver of the truck who hired it or to the hire company??

Thanks

Garry

WHY? A not at fault claim has no impact on you, as long as you can identify the driver of the other vehicle...

Seems a bit odd...

As anticipated, as there are no independent witnesses it has turned into a he said, she said situation. The other party is claiming the incident happened at the entrance of the carpark when it happened clear of the entrance out on the road.

The matter went through to their insurance company and this is the email I received today.

"After considering all of the information available, it appears that the renter was already entering the car park when the collision has occurred. It also appears that you have been attempting to exit the car park when unsafe to do so. However, we are prepared to make an offer of settlement on a commercial basis without acceptance of liability.
Our offer of settlement is based on 70% of the quotation provided by XYZ.


Please find attached our release totalling $$$$.$$ including gst, which we would ask that you sign and return to our office along with your Bank details. We will then arrange for the funds to be efted to your account."

Now the original quote includes $450 for a new rear tail light assembly but it is only scuffed so it will buff out. However I also have a brand new assembly that I got a couple of years back for virtually nothing, so I really do not need the light fixed.

So if I accept the offer and just get the old light assembly buffed I am probably about $100 ahead but it still sticks in my craw.

I think I will eat humble pie and accept though I will try to get them up to 80% but I am not hopeful.

I think I was right in not claiming on my insurance because, as I have found out previously as soon as the other party disputes anything then the insurance companies wash their hands of you - so if I claimed I would have had to pay $700 loose 20% no claim bonus and pay higher premiums in the future.

I am now in the market for a dash cam - some sort of BlackVu with a rear camera as well.

Cheers

Garry