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VIC Insurance accident aftermath question

Discussion in 'Politics, Laws, Government & Insurance' started by Word_a_Mowf, Aug 12, 2008.

  1. #1 Word_a_Mowf, Aug 12, 2008
    Last edited by a moderator: Nov 24, 2014
    To those that have read about my crash a month or so ago...here's the result.

    I'm seeing an Osteo for injuries, although my shoulder doesnt hurt...day to day...
    any sort of heavy lifting or weird movement hurts like sh!t!

    Anyway, question I have goes a lil something like this........

    I JUST got back from overseas, and found the letter in the mail from the
    "claims" company, not the insurance company.

    They deal on behalf of Ford, blah blah blah.

    The bill is enclosed for the repairs, as well as other documentation.

    I called them 5 minutes ago, to see about obtaining my own quotes, etc..
    and I was told the car was already fixed, and all I can do now is just pay up.

    I thought I was LEGALLY allowed to obtain my own quotes, and settle with the insurance company on whatever, and was prepared to do so.

    I also understand that the driver needs his car ASAP, hence the quick repairs, but I thought I was gonna get the option of getting some of my own quotes?

    Obviously not.

    Now all I am left with is the bill :(

    No previous experience in such situation, so no idea what to do .

    Any help is appreciated!!
  2. Based on my own experience of having an accident with no insurance:

    Their insurance company sent me 2 quotes.

    One was very high, the other more reasonable and the insurance company had gone over it and made further adjustments to decrease the price.

    I was given an up front discount on the total amount owing.

    I made payments from memory over a few months and managed another slight discount by paying the final amount in full.

    Expect LOTS of calls hassling you to pay. They wanted me to borrow money off the bank, parents, friends etc i told them straight up the only possibility was for me to pay out of my own pocket. I commited an amount and a date of payment to them each month.

    The insurance company should have gotten 2 quotes for you. If not, there isn't much you can do about it except get a lawyer which is more money again.
  3. Original thread.

    Is the invoice for repairs itemised or is it just "Fixed Barina. Total due: $billions" ???

    If the invoice is itemised you may be able to take it to a smash repairer and get their opinion if it is reasonable or not.
    If they think it is... well, I guess that's that.

    If it ISN'T, then you may wish to explore requesting a more detailed description of the work involved and the parts used. Check parts pricing against Holden genuine ones, etc and submit back to them the repair bill you are willing to pay if they've done the dodgy and jacked up the prices a bit.

    Either way, tell them you don't have the money and you need to spread the cost out and can afford $10 per week or whatever, if it's going to be a nasty financial hit for you.
  4. If they have given you no options give them none $5.00 a week if ya dont like it take me to court or reduce the amount of the bill.Then they take ya to court and maybe ya gotta pay $10.00 a week.If you have no insurance yourself you leave yourself open to this type of stuff.
  5. Thanks guys.

    I'll have a better look at the documentation when I get home tonight.

    This sort of finanical crap seems to happen once a year:
    -body corporate
    -3 or 4 bills

    and plus this on top of it...and I'm screwed.

    I simply can NOT afford to pay it outright, so they either have to take me to court, or do a payment plan.

    I have to call back tomorrow to speak to the lady in charge of the "case", as all I got today was "general" information from one of her colleagues.
  6. I had a car crash while uninsured a couple of years ago, not very fun.

    First thing to do is call them & tell you have no money & no insurance, they will knock ~25% off the final bill (from memory) & you will be in a better sutuation right away. Then, as others have said, offer to pay them back at $2.50 a week. If you can get the cash together to pay it all off do that, just don't take out a loan!

    Hope this helps...
  7. Re: "Insurance / accident aftermath" question

    That's the clincher.

    Think about it from the other persons perspective. I had someone crash into the back of my car a few years ago. I was fully insured, all I had to do was take it to a repairer of my choice, obtain a quote (for my insurance) and the proceed with the repairs (once approved from my insurer). My insurer claimed back from the at fault driver.

    Why should I be made to shop around to search for a cheaper quote just to satisfy the at fault party?

    Remember, it is a principle of insurance that people do not gain from a claim. If something can be polished out, it should be. If however it needs to be replaced, it should be. You should only be held responsible for the damage that you caused, not some extraneous stuff unrelated to the accident. Photo's at the time are really useful for that sort of thing

    As for seeking a payment plan, I am sure most insurance companies will listen to your proposal and consider it, as long as it is reasonable. Be aware though that their collection department will have heard every excuse under the sun and deal with these situations daily. They are unlikely to be scared, intimidated or deflected by anything you say or threaten them with.
  8. Yep, make sure you get an upfront discount. If you aren't getting any love, play the poor card and tempt them with 'well maybe i can pay $1k in 2 days time' and they will most likely come to the party.

    Depending on the amount, the insurance company will most likely pass this onto a debt collector (as was in my case). Make sure you are always polite on the phone to them. The people working to collect debt deal with a lot of dregs in society all day long. The cop a LOT of abuse so portray yourself as a nice polite guy, in the wrong place at the wrong time and they will treat you with respect.

    As 'MV' has said, don't borrow money or take a loan. Providing you show them you are willing to commit to frequent payments and will do your best, you will be fine. If you say $5/wk on a $20k amount you won't gain any respect and it wouldn't surprise me if they drag you into court which will cost you a LOT more!

    Try not to get to down about it, what's happened has happened and just learn from the mistake. Feel free to PM me to discuss further.
  9. Re: "Insurance / accident aftermath" question

    So that no-one gets screwed around... :?

    If you nudged my lil wagon and I took it to my mate who quoted up $10k worth and got it repaired it woulnd't be very nice, I know you'd have insurance to cover it, but the $10k instead of $1k is gonna put your premiums up anyway.

    Also repairers will quote for a new bumper when the old one could be (and probably will be, even by them) repaired for cheaper, its happened before, and it'll happen again...
  10. Re: "Insurance / accident aftermath" question

    Sorry Dave, you aren't making sense.

    If you crash into my car, I don't give a rats arse about you. If you're sensible, you have insurance and my insurance company claims off yours. Why should I have to drive to another repairer (with the delays that creates) and get an an alternate opinion so that you can save a few bucks? What next, you start stipulating what you think is a reasonable cost?

    I have fully comp insurance so that I don't have to worry about this crap. One of the selling points of my insurance is that I can take the vehicle to any of their approved repairers and it's sorted. I am not obliged to shop it around to save someone else money.
  11. + 10 for cejay

    I agree also that when dealing with the collections area, don't try to threaten them or anything. Just by being nice and calm and explaining your financial situation they should be able to understand and work out an acceptable (for both parties) payment plan. If you start threatening and attacking them, its just as easy for them to take a hard stance with you, and they have more money and more experience.

    In regards to needing more than one quote, i believe that only one quote is needed before repairs are started. However to recover your costs using that quote, it needs to be "assessed". This can be done by qualified motor assessors within the insurance company to ensure its fair and reasonable or by an external assessor.

    Sucks about the whole situation though mate. Hope you heal up quick
  12. Not saying I condone this but, my understanding was that as long as you undertake a payment plan and are servicing the debt they can't take you to court unless you default on payments or have made none at all :?
  13. Especially if they are the 'collection agency' that my dad has had to utilise one time, (as a last resort of course), who are basically a motorcycle gang who act as debt collectors. they *never* make threats of violence... but imagine 10 LARGE bearded blokes barging into your office or showing up at your door on LARGE harleys and the like, with LARGE exhaust kits, wearing LOTS of leather (not the assless kind) with studded gloves etc etc, and asking you to "pretty please, pay him his f&%king money".

    A rather effective agency if i do say so myself. maybe netrider could start one of these up, if every harley rider on here didnt get made fun of into submission. sorta loses it when its 10 guys in one piece A-Star suits rocking up on R1's or whatever. especially when they are those pink 'hello kitty' suits as seen in the multimedia forum :LOL:
  14. Re: "Insurance / accident aftermath" question

    I thought that you pranged into a Barina (Holden).

    How much did the repairs come to?

    No. It usually requires them to get a couple of quotes. But I think that these days one will suffice.

    They then should have sent you the quote BEFORE effecting repairs.

    Perhaps they tried to contact you whilst you were O/S?
  15. Re: "Insurance / accident aftermath" question

    I don't see why they should do this? If I am fully insured, the absolute last thing I want to see is someone who caused the accident delaying or prevaricating over a part that they think should not be replaced.

    This is normally never a problem as my insurance company claims off the others insurance to recover their costs. This is only a problem in this instance as the OP did not have any insurance.

    The OP should not be paying for parts that were not damaged as part of the accident, but apart from that, they certainly should not have rights as to what should and should not be replaced and definitely no influence on the choice of repairer.
  16. Re: "Insurance / accident aftermath" question


    I pay my insurer to look after MY interests not the other parties (thats why they should have their own!), why should I be delayed or inconvenienced by the other parties any further, it's bad enough that I will be without transport for XXX days while the vehicle is getting repaired.

    If you don't have at the least 3rd party you have to cop the consequences, you gambled on no insurance and you lost. It's a bit rich that to expect the person you hit should have to do all the running around getting additional quotes or wait until you have assessed the quotes and chosen the repairer for them..it doesn't work that way.

    Unfortunately this will be an expensive lesson to learn...
  17. Re: "Insurance / accident aftermath" question

    Maybe. But you just can't go to the nearest (and possibly dearest) panel beater and get your vehicle repaired THEN send the other party a bill. That offers that person no protection under consumer law. And it could be inflated.

    Generally the practice is to send the other guy two quotes and generally he can go with the lower one.

    Certainly, if it happened to me I'd be telling him to stick it and if necessary I'll see him in court. Or rather, I'd be discussing this with my insurer as it would be handling it.

    When my wife scraped another vehicle a couple of years ago, they got the repair quote and sent it to us. I then forwarded it to CGU who then approved the repair.

    As for the OP, I'd definately be seeking advice on this. Pity he hasn't told us how much the bill is for.
  18. Whilst I appreciate the sentiment, truly, if someone did that to a client of mine they would end up in both civil and criminal court.
    It is a breach (in Vic anyway) of the consumer credit code, it is a breach of the the Trade Practices Act, and it is extortion under the Crimes Act (Vic).

    Debt collectors are NOT allowed to harrass, intimidate or threaten debtors.

    Now as regards the OP. Make a fair / reasonable offer to either pay up front or pay off the debt.
    Once an arrangement has been entered into any debt recovery action becomes unlawful and is also classified as harrassment.
    You are also well within your rights to have the repairs justified and itemised. If the bill is infalted or can't be justified, I would complain to the insurance company and ask for it to be reduced and then if necessary to the insurance ombudsman.
    Once again whilst you are "negotiating" they should stop any debt recovery action. If they don't tell the debt collector that you are negotiating and that you WILL complain about them to the ombudsman.
  19. Re: "Insurance / accident aftermath" question

    I think there's a disconnect here. If you crash into me, as I am fully insured, as long as I can provide a name and contact details, my insurer allows me to take my bike/car to any of their approved repair centres. That place provides an estimate for the work and if it exceeds a certain $$ amount, my insurer will send an estimator to the repair shop and investigate/approve the work. They start immediately. My insurer then contacts the other party. What and how they from there is none of my concern. My NCB and accident record is not affected.

    I believe the scenario you paint is where someone is not going via their insurer first. This opens an element of negotiation and back and forth that isn't present when you use your own insurance to have the vehicle fixed.

    As I said, the issue here is that the OP has no insurance (or is going outside of their insurance company). Normally insurance companies just work it out amongst themselves. They generally use the same estimator and have fixed more cars than we've had dinners.
  20. Re: "Insurance / accident aftermath" question

    Fors starters they can't stipulate which 'approved repair centres' that you can get quotes from. The TPA expressly forbids this as it comes under restraint of trade. You can take your vehicle to whatever repairer that you wish to take it to.

    Secondly, I dunno how many prangs that you've had where insurers have been involved, but I've had 3, all in cars. One was my wife's fault, the second a 'roo clouted the car (same car) and a third one where a guy failed to give way. Our car was extensively damaged with that one.

    With the third one we were without the car for a month while the insurers got off their arses to "discuss" the issue. There was no immediate approval to get it repaired as you're suggesting. It doesn't work that way. Same with this guy who was presented with a repair bill, after the car was repaired. I'd tell 'em to jam it if I were him.

    He's better off talking to a lawyer, particularly if he thinks that the repair price is a bit high. But we don't know those details. He hasn't bothered to follow up in this thread.

    If you're happy to have them deal with it all, fine. I'm just saying that generally they present you with the bill. You then forward to the insurer for approval. If the insurer knocks it back then they (the insurers) get to discuss it at length. Or if you're not insured you then can question the amount if it appears to be unreasonable, or if they are trying to get stuff fixed that you don't think that you've damaged.

    In the OP's case how does he know that other repairs unrelated to the accident weren't carried out? If he was to pay up without asking they could be taking him for a ride.