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Car Insurance Question

Discussion in 'The Pub' at netrider.net.au started by Nakkas, Jun 29, 2007.

  1. I drove my mums car (the XR8) to an exam where I arrived early. I was sitting with a mate in the car going through my books, when I felt my car shake, I looked and saw a car behind me opening it's door. (The shake I felt in my car was because he closed his door while his car was touching mine)

    By the time I got out of my car, they moved their car forward and by the time I inspected the car properly they had left. I saw a neat little towbar mark, the perfect height of their car on my mothers immaculate BA XR8..

    I yelled to the guys to come back and I got their details. They finally admitted liability over the phone and I told them it would cost about $450 because the bumper needs a respray and the GT stripes need reattaching.

    They offered me $50 because it was just a little mark.

    Can I take this through insurance if I'm not legally allowed to drive the car, because I was just sitting in a parked car (0% my fault)?
  2. OK, you're legally not allowed to drive it, but you did. That means your name is not on the insurance policy, so that's out. You mum can't claim against the other driver because she wasn't driving, and the guy who hits you knows that, because you two met.

    Because you haven't exchanged insurance/rego details, the best you can hope for is to send him a letter of demand and hope he does the decent thing. Either that or your mum claims on the insurance; her excess on a Falcon GT would be more than the 450 it would cost to fix it out of pocket, I would guess.

    And finally, she was silly to let you drive it, and/or you were naughty to have done so.....
  3. This was a situation where I needed a car and my mum only let me drive it because she knows how well I treat it.

    The other guy doesn't know I'm not meant to be driving the car, but in a situation where he is 100% at fault, shouldn't he be automatically made to pay, regardless of who was in the (parked) car?

    If this had been a tad more serious, ie. I'm sitting my mum's XR and someone smashed into the car and writes it off, surely I'm not out of pocket for the car.

    I've already told them $450, but they refuse to pay it and they rang their insurance company who I'm sure quoted them an excess of between $650 and $850, so they don't want to claim either.

    My point is, I was just sitting in a legally parked car (granted, it was over my power to weight), I did nothing wrong in this situation.
  4. I'm not suggesting that you did anything wrong, just that it was unwise of your mum to lend you the car, and unwise of you to drive it. (The insurance company would, I'm sure disagree, and say you absolutely should NOT have been driving it.) If you had hit a $100,000 Mercedes, or worse, a pedestrian, while you were in control of this car, we would be having a much more serious conversation....

    I suggest that you send the man a letter of demand (type 'letter of demand' in our search engine; someone has written and posted a generic letter) and request that he cover the cost of the repair. If, however, he refuses to do so, I don't think there's anything else you can do.
  5. Emphasise the "car was parked" line and you can go through insurance. Make sure you've got all the guys details including lisence number, name, address and rego number.
  6. I'd give them an option - insurance claim or they pay what's quoted. End of story. Don't try and reason with them. At the end of the day they have hit you while parked. Driver is irrelevant as how is anyone else to know whether or not you were just sitting in the vehicle waiting for your mum to return? I'm not condoning lying to your insurance agent either.

    I once tried to 'do the right thing' by a young P plater who hit me. Took the car around for her dad to look at because she was very concerned and not insured to drive the vehicle. He tried to play hardball and told me he was going to make it difficult because he didn't want to pay. I was happy for them to say a parent was driving. Because he was a a$$ i called insurance was sure to tell them that the uninsured daughter was driving and that daddy told me he was going to be difficult - never heard anything back and didn't pay a cent... Don't fool around with them, give them one chance to do the right thing, then get your mum to lodge an insurance claim.
  7. You might be able to get away with that, but I'm guessing that once the insurance co. starts asking a few questions you and your mum will probably have to tell a few little white lies to make it happen. You'd have to be very careful, and have a watertight explanation as to why you were sitting in the drivers seat, because sure as shit the other driver will say that your mum wasn't there. (Maybe she'd just popped off to buy something and you were only sitting in the drivers seat because you wanted to play with the radio...)
  8. Hang on,

    Cant your mum just ring her insurance company and say "my car was parked in XYZ car park and someone reversed into it, here are the other drivers details, sort it out for me"
  9. possibly, but when the guy get the letter from the insurance company saying "you backed into Mrs Blahblahs car...", won't he turn around and say, "yeah but some young bloke was in the drivers seat, and there wasn't a woman to be seen"...
  10. I believe I also flagged that point, but in different words....
  11. Yeah, well my words were better then your words :p
  12. One previous offense doesn't make the other invalid. To dodge the cost the other guy would have to prove you were trying to put the car in motion and even then he'd only have a 50:50 chance as your car was ultimately stationary.

    Besides, your insurance company are not going to put you through the ringer.
  13. At the end of the day the car was parked.
    I've never seen a policy that states who can sit in the drivers seat and who cant.
    It was parked and who drove it to where it was parked is irrelevant.
    Get a quote incase its less than the escess or make a claim.
    Nothing to worry about.

    I guess thats the last time you drive it before you're nominated on the policy as a driver.... :wink:
  14. NSW Police take a different view than that. I know of one man who was booked for being over the .05 limit when he was sitting at the wheel of the car, stationary in the club car-park. The engine was not running, but he was deemed to be in control of the vehicle while over the PCA :roll:.
  15. Yeah that's actually a common one - I believe though the keys need to actually be in the ignition for that to work though (even though ignition doesn't need to be on).
  16. So far as I know (in NSW at least), if you are in the car and you have the keys with you in the car then you are deemed to be "in control" of the vehicle.
  17. Might be one of those state things I guess. I know a friend of a friend that was booked whilst "sleeping it off" in the back of their car only because they'd put the keys in the ignition to listen to the radio.
    Wonder if that means people with mobile homes/campers in NSW can't have a few drinks unless they chuck the keys outside :? .
  18. Well that's the common ploy round here. If you want to "sleep it off" you either throw your keys into the grass on the side of the road or you put them on top of one of the tyres... That way you're not "in control" of the vehicle.
  19. To convict under this clause police have to prove you were attempting to drive the vehicle.

    If you were in the back, then take it to court. The magistrate will throw it out and probably reprimand the police and the prosecutor.
  20. I prolly should have read every post on this subject
    but if you got quoted $450 for a bumper respray and
    some GT decals then you are severely being ripped off.

    Myself personally wouldn't pay more than $120 for a rear bar
    to be repaired and painted.

    A new one would fully painted ready to put on the car would only set you back around $400 tops.