Rebecca1978 Posted July 3, 2013 Share Posted July 3, 2013 hi everyone, Im hoping someone can advise me, this morning I had an incident coming out of Coles car park, there was a lady behind me waiting for me to pull out onto the main road, as I was not going quick enough for her she decided to start pushing on the horn and making hand gestures to hurry me up, so I went to pull out but a car came out of no where and I slammed on the breaks, she was not looking forward and decided to put her foot down resulting in my car being totally smashed up, when confronting her she could not find her insurance details but said as soon as she gets home she will get her boyfriend to phone me with the details, but I then phoned the police whilst she was still there and reported it and they took her reg and details, I phoned my insurance and was advised to take my car to the repair shop where they immediately took my car as it was a danger to drive and had exhaust fumes coming up through the boot, they said it might be a write of, the car is only 10 months old, anyway the lady who hit my car has just phoned me and said she is not insured and has been speaking to her lawyer who advises her to tell me there's nothing I can do, and that she will admit to full responsibility so I don't have to pay any excess, I said I was going back to the police and apparently her lawyer said there's nothing the police can do. is this correct what she is saying? She told me she has not been in the country long, which makes me think how can she afford a lawyer but not any car insurance. Link to comment Share on other sites More sharing options...
dmjg Posted July 3, 2013 Share Posted July 3, 2013 Let the insurance sort it out, you have done your bit. Pass on info of any conversations. Are you 3rd party or fully comp? Not sure it makes a difference if you are not at fault, but again, your insurance company will advise. Link to comment Share on other sites More sharing options...
Rebecca1978 Posted July 3, 2013 Author Share Posted July 3, 2013 I'm fully comp (thankfully) Link to comment Share on other sites More sharing options...
blossom Posted July 3, 2013 Share Posted July 3, 2013 Agreed, if you are fully comp (which for that new a car I'm sure you would be) then let them worry about recovering costs from her. Link to comment Share on other sites More sharing options...
blossom Posted July 3, 2013 Share Posted July 3, 2013 Ps, there was a sign up when I went to report a car going into the back of me to the police (in SA you have to report it within 24 hours) saying something along the lines of 'if you drive into the back of someone you are 100% to blame'. So you should have no issues. Link to comment Share on other sites More sharing options...
dmjg Posted July 3, 2013 Share Posted July 3, 2013 Agreed, if you are fully comp (which for that new a car I'm sure you would be) then let them worry about recovering costs from her. Oops, Glossed over that bit. I need a nana nap. Link to comment Share on other sites More sharing options...
an1ta Posted July 3, 2013 Share Posted July 3, 2013 I'm fully comp (thankfully) Glad to hear that no one was hurt... Let your insurance deal with it. The one thing that you might lose os your no claims bonus, but you will get a brand new car..The police should be taking this woman to court, and if I was you I would be reporting her again to the police. Its against the law to drive without any insurance... Hope its all sorted out fast for you Link to comment Share on other sites More sharing options...
BrownEyedGal Posted July 3, 2013 Share Posted July 3, 2013 Oh gawd!..I do hope you are okay! I can only state what the others are saying, but you need to take care of you. If she contacts you again refer back to the insurers and/or take notes of the conversation so you can tell your insurers. I thought everyone HAD to be insured to drive in Australia? Link to comment Share on other sites More sharing options...
blossom Posted July 3, 2013 Share Posted July 3, 2013 No, the minimum insurance you need in Australia is the 3rd party personal insurance which is part of your rego. Crazy yes. Link to comment Share on other sites More sharing options...
an1ta Posted July 3, 2013 Share Posted July 3, 2013 No, the minimum insurance you need in Australia is the 3rd party personal insurance which is part of your rego. Crazy yes. If you live in NSW you have to CTP and 3rd party insurance Link to comment Share on other sites More sharing options...
dmjg Posted July 3, 2013 Share Posted July 3, 2013 CTP (compulsory third party) is paid in the yearly rego cost. If covers injury to others you may hit. It doesn't cover property. You need extra insurance to do that. Link to comment Share on other sites More sharing options...
blossom Posted July 3, 2013 Share Posted July 3, 2013 If you live in NSW you have to CTP Yes, that only covers actual people, not cars. Link to comment Share on other sites More sharing options...
blossom Posted July 3, 2013 Share Posted July 3, 2013 Compulsory Third Party (CTP) Insurance, also known as a ‘Green Slip’ in New South Wales, protects vehicle owners and drivers who are legally liable for personal injuries caused to others. CTP Insurance is mandatory for all vehicles registered in NSW. Link to comment Share on other sites More sharing options...
an1ta Posted July 3, 2013 Share Posted July 3, 2013 Compulsory Third Party (CTP) Insurance, also known as a ‘Green Slip’ in New South Wales, protects vehicle owners and drivers who are legally liable for personal injuries caused to others. CTP Insurance is mandatory for all vehicles registered in NSW. Yes I'm sorry I wrote it wrong the 1st time. But you also have to have insurance for your car, even if its only 3rd party. You cannot drive a car (or should say you should not drive ur car without it The first thing my daughter got asked by the police when in a hit and run was who she was insured with, and if she wasn't then she was breaking the law Link to comment Share on other sites More sharing options...
blossom Posted July 3, 2013 Share Posted July 3, 2013 http://www.fairtrading.nsw.gov.au/ftw/Consumers/Motor_vehicles/Vehicle_insurance_and_registration.page Nope. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 3, 2013 Share Posted July 3, 2013 Oh gawd!..I do hope you are okay! I can only state what the others are saying, but you need to take care of you. If she contacts you again refer back to the insurers and/or take notes of the conversation so you can tell your insurers. I thought everyone HAD to be insured to drive in Australia? In QLD everyone needs to have at least Compulsory Third Party (CTP) Insurance, which is part of your rego...but just like in the UK, people drive illegally without rego, and those with rego can drive without any further insurance. I'm not sure what CTP covers, but either way, to the OP...let your insurance company deal with it. You claim from them and it's up to them to try and recover any costs off the other person or their insurers Link to comment Share on other sites More sharing options...
an1ta Posted July 3, 2013 Share Posted July 3, 2013 http://www.fairtrading.nsw.gov.au/ftw/Consumers/Motor_vehicles/Vehicle_insurance_and_registration.page Nope. Well I can only go by the what the coppers said to my daughter. I also got told you don't need to carry ur driving licence, and then got stopped and fined for not having it. who knows the rules in Australia it changes every time u talk to a different person. At the end of the day I hope the person in the accident sorts everything out and gets a new car Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 3, 2013 Share Posted July 3, 2013 Well I can only go by the what the coppers said to my daughter. I also got told you don't need to carry ur driving licence, and then got stopped and fined for not having it. who knows the rules in Australia it changes every time u talk to a different person. At the end of the day I hope the person in the accident sorts everything out and gets a new car They may have been asking who her CTP insurance was through... Link to comment Share on other sites More sharing options...
blossom Posted July 3, 2013 Share Posted July 3, 2013 It is a big worry here. Someone went into the back of my car, I had only had it I think four days and didn't have fully comp. The first thing I thought was thank god it's a truck, their company will be insured. Sad that you have to worry about things like that. Fully comp insurance is defenatly worth it. Link to comment Share on other sites More sharing options...
Mongrel Posted July 3, 2013 Share Posted July 3, 2013 In QLD everyone needs to have at least Compulsory Third Party (CTP) Insurance, which is part of your rego...but just like in the UK, people drive illegally without rego, and those with rego can drive without any further insurance. I'm not sure what CTP covers, but either way, to the OP...let your insurance company deal with it. You claim from them and it's up to them to try and recover any costs off the other person or their insurers As they say the compulsory insurance is just for personal injury not the car , prang another car , your fault you're in the cak Link to comment Share on other sites More sharing options...
Metoo Posted July 3, 2013 Share Posted July 3, 2013 Now you have been told third party only, is part of the rego, and that is all that is required to be on the road about a dozen times, as long as you can identify the other party when you claim on your insurance, I hope you can, the insurance will fix your car, and dependant on the insurance company, you may not lose your no claims discount, your insurance company will then sue the other party for their money back, if the other party has no insurance. Yes you can drive in NSW with no other insurance on top of what is compulsory, but you have to be stupid to do so. In the case of any accident where a vehicle is undrivable, the police will attend if they see you, or it is reported, and generally someone will be charged on the spot with negligent driving. Tip, if you can, and you think you may be in the wrong, after you have swapped details, drive your car away, even if its knackered, even down a nearby side street, avoid the police, let insurance decide, they can't charge you! And never admit liability. Missed a bit, now it's all over, the police probably can't do much now it's all over, but the insurance company will try to recover the cost from her. Link to comment Share on other sites More sharing options...
fleabo Posted July 5, 2013 Share Posted July 5, 2013 This is not addressed to anyone in patricular, but unlike in the UK, folk can drive around NSW with nothing other than their Green Slip. "If you cause an accident, your green slip insurance covers medical costs for: your passengers other road users, such as drivers, passengers, pedestrians, cyclists, motor cyclists and pillion passengers injuries caused through the use of a trailer. Your green slip insurance does not cover: you for your personal injuries if you cause the accident damage to property or other vehicles." Note that the Green Slip will not cover damage to anyones vehicle. So if someone drives into the back of your car assume they have no insurance and that you (or your insurance company) will have to take them to court to recover costs. You need to get some basic info: http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_car_accident/lawassist_after_an_accident/lawassist_exchange_details.html Or think of it like this. Some random person starts chucking stones at your house windows, smashing them. You probably wouldn't accept their word that they would pay for the damage. You would get their details (or call the cops). Link to comment Share on other sites More sharing options...
The Fisheys Posted July 5, 2013 Share Posted July 5, 2013 I also think your insurance should regard this as a no fault claim, and recover their loss from the other party, or not as the case may be. Some insurers will replace a brand new car with another brand new car if it is less than 12 months old. If your insurers cannot recover their losses, I hope they make the other party bankrupt. Uninsured, or inadequately insured drivers are a menace to the overwhelming majority of prudent people, your taxes are probably already funding their beer and ciggies, why should you lose out when they drive like muppets as well. Link to comment Share on other sites More sharing options...
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