Not sure if anyone can help.
A lady hit my car about 6 weeks ago. I was turning left into a driveway and she came up on the inside and hit my front passenger side. I got all her details - name, phone, d/l number, rego, address etc. She only took my name and phone number as age admitted she was at fault.
My car is being fixed and our insurer has approved our claim but says we must pay the $1000 excess to get our car back as they cannot make contact with the other driver and she hasn't lodged a claim through her insurer. They said the type of accident is 'open to interpretation' and they can't say who is at fault.
My husband has spoken to the other driver and she says she has lodged a claim. When we speak to our insurer we keep getting told different things and they never follow up with us.
We've now been told a demand letter has been sent to the other driver but there's nothing we can do and have to pay the excess to get our car back.
Any ideas what else we can do? Can I ring the other drivers insurer to see if there is a claim lodged? Our insurance company seems to have wiped their hands of us and is just telling us whatever they think will get us off the phone.
Thanks in advance
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05-09-2012 13:34 #1Senior Member
- Join Date
- Feb 2010
05-09-2012 13:40 #2
You should be able to contact insurance ombudsman for a bit of an idea on if they can keep doing that or not.
05-09-2012 13:41 #3
When I made a claim with my insurance company a few weeks ago I had to pay my excess but after the person that hit my car got a demand letter he rang thru and said he'd pay it off. AAMI refunded the excess as soon as they heard from him..
05-09-2012 13:58 #4
Sorry about your accident. I hope no one was hurt xxxx
I was an insurance broker for many years so heres my understanding:
so yes you need to pay your excess to collect your car....
When your own insurance company hears from her insurer and deems her at fault ( by reading her side of the story on her claim form for example) your excess should be reimbursed.
If she does not make a claim you won't get your excess back basically.
Your insurer can't and probably wont do any more than what they have already done.
They have sent her a letter and need to wait for her to lodge a claim with her own insurer.
If she doesn't have insurance then sorry to say you prob won't get the excess back because it would cost your insurer more money to sue her than it costs them to just fix your car and close the claim.
It's a funny world Insurance... I don't miss it one bit hahaha
If you have her phone number a nice phone call to her might jog her memory to lodge that claim.....But unfortunately you now need to hope and pray she does the right thing if you want your excess back.
Hope that helps xxxxxxx
05-09-2012 14:17 #5Senior Member
- Join Date
- Jan 2009
The terms of your policy will likely say that you have to pay your excess to make a claim.
If the insurer thanks that the other driver is at fault, then they will demand the repair costs from the other driver. It is up to the other driver whether they put it through their insurer.
If the insurer recovers money from the other driver, or their insurer, then they will pay you back your excess. If they can't recover from the other driver, then you don't get it back and both you and your insurer are out of pocket.
Insurers generally will want to pursue the other driver, as the insurer is out of pocket, eg. if the total repairs were $3,000 and you paid $1,000 excess, they are out of pocket $2,000 and will want that back.
If you feel that the insurer has made an incorrect decision on not pursuing the other driver, then they will have a dispute resolution procedure, and you can take it up with the ombudsman.
I empathise it's a PITA to pay the excess and risk not getting it back. we are going through an insurance claim at the moment (car versus our house). the insurer has accepted our claim, but we have to pay the excess to the builder before the builder will come and fix it, and the insurer pays the rest to the builder. It may take them a while to recover the money from the driver, if ever, if they are not insured.
ETA: even if the other driver doesn't have insurance or refuses to claim, you may still recover. Insurers sue people personally who don't have insurance, but unfortunately the types of people who don't get third party property insurance often have no assets, so the chances of the insurer getting money at the end of the claim are often low.
05-09-2012 14:21 #6
Call the other driver and ask if she has lodged a claim, ask who her insurer is and what the claim number is.
Likely you'll still have to pay your excess and possibly get it refunded to you once they sort it all out
05-09-2012 18:09 #7Senior Member
- Join Date
- Feb 2010
Thanks so much everyone! I spoke to the other drivers insurance company and thru confirmed a claim had been made, gave me their claim number and rang my insurance company to tell them they were not disputing the claim and would pay once they had all the details. They were calling my insurance company to get them to release my excess so I can pick my car up without having to pay.
My insurance company on the other hand have not confirmed any of this, have not tried to contact the other insurance and have not called the repair shop to let them no that no excess needs to be paid so I can pick my car up with no dramas on Friday... Aargh!!!!
On a side note, my Grandparents got their house insurance renewal today and it's increased by $400 in 12 months! They haven't made any claims but because we live in QLD the insurance company said its because of the floods. Mind you they live nowhere near a flood zone...
Thanks so much to everyone who replied and your advice. You've really helped me out!
05-09-2012 18:18 #8
I would call the ombudsman they would have it sorted by Friday with that detail.
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