Jump to content

Car accident - They want to do the repairs themselves.
Where do we stand?


  • Please log in to reply
108 replies to this topic

#1 alwayshappy

Posted 21 November 2012 - 03:50 PM

I had a lady back into me at an intersection a couple of weeks ago.  Her towbar put a hole in my bumper.  I've just received quotes to have it repaired and it's about $700 worth of damage.  She does not have insurance. Our car is not worth much, however, the hole in the bumper certainly makes it worth less money in terms of its aesthetics.

I don't want to put this lady in financial difficulty, however, I know I am entitled to have the bumper repaired.  She has now asked if her husband can do the repair job himself, to save them money.  My husband was already thinking that we may not even have the bumper repaired but just take the money for the cost of the repairs, to offset the loss of value on the vehicle as a result of the damage.  

Are we entitled to insist it is repaired by accredited motor repairers?

Are we entitled to take the cash value of the repairs instead of having the vehicle repaired, given the minimal value of our car (probably only worth $2-3K)?

Just wondering where we stand.

Edited by alwayshappy, 21 November 2012 - 09:26 PM.


#2 weepingangel

Posted 21 November 2012 - 04:22 PM

I thought your insurance company chased the other person, regardless of whether the other party had insurance?





#3 jules095

Posted 21 November 2012 - 04:25 PM

If you want it repaired privately, then don't put in a claim.

If you put in a claim, then you can't take the money & run.

#4 epl0822

Posted 21 November 2012 - 04:26 PM

If you want to be considerate of the lady's finances I think it would be nice to give them a couple of options. If you want it repaired then you could either agree to the husband fixing it or insist on accredited motor repairs, or you could say "I'm also willing to accept a lesser payment of $X which will be less than the amount it would cost to fix."

#5 Mousky

Posted 21 November 2012 - 04:29 PM

I was under the impression that if you went through your own insurance when the other party were uninsured, you had to pay the excess. I could be wrong though.

#6 rosiebird

Posted 21 November 2012 - 04:36 PM

I agree with Jules. It's not free money, it's a free repair job.

#7 Phascogale

Posted 21 November 2012 - 04:48 PM

Unless her husband is a panel beater I'd be reluctant to let anyone repair my car. It may be a matter of simply replacing the bumper but the bumper will need to be sprayed to match the colour of your car and this is where some of the costs are involved.  What was the husband going to do to fix it?  Was it a patch job on the bumper or a replacement?  I'd want a replacement because the structural integrity of the bumper will probably have been compromised (but I can't really say as I can't see the damage).  He might do a crap job if you let him repair the car and it will be worth even less.

There's probably no easy way out for the lady.  If you claim on insurance then they will chase her for the cost anyway so it would have to be a private agreement.

But if the cost is going to be $700 to repair, she's probably still not going to be happy if you suggest $500 as a lesser price instead of the full cost.  I would imagine she will be hoping that her husband will be able to repair it for less than $100 or $200 so unless you are prepared to accept this sort of amount it's not going to work.

So basically, yes you are entitled to get your car repaired by accredited repairers but you may need to go through your insurance for this to happen.  Going through insurance will be the easiest way for the problem to go away because they will be the ones chasing the woman for payment and not you.



#8 missy78

Posted 21 November 2012 - 04:55 PM

I'd be really hesitant to have them repair it, even if the woman's husband is an accredited repair person. I personally would have insurance take care of it and make sure everything is above board.

#9 JaneDoe2010

Posted 21 November 2012 - 04:57 PM

I think it all sounds pretty dodgy (especially your thought of requesting just cash and no repair) and I'd go through insurance.

#10 bakesgirls

Posted 21 November 2012 - 05:12 PM

QUOTE (Back2Insanity @ 21/11/2012, 04:54 PM) <{POST_SNAPBACK}>
If she is so worried about financial difficulty then she shouldn't be driving around an un-insured car. What if she hit a BMW?


Totally agree. Third party doesn't cost that much compared to comprehensive insurance, and certainly less than paying for repairs to another car. Put it through insurance. Her request sounds dodgy to me. You won't have to pay an excess because you have all her details. She will probably have to come to some sort of payment schedule/agreement with the insurance company, but thats really not your problem. She should have insurance. IMO, it's irresponsible to not have it and just hope that you don't have an accident.

#11 casime

Posted 21 November 2012 - 05:23 PM

Put it through your insurance, that's what you pay premiums for.  It's not your problem that she has chosen to drive around uninsured.

#12 2 Gorgeous Girls

Posted 21 November 2012 - 06:08 PM

QUOTE (Mousky @ 21/11/2012, 04:29 PM) <{POST_SNAPBACK}>
I was under the impression that if you went through your own insurance when the other party were uninsured, you had to pay the excess. I could be wrong though.


All insurance companies I know of as long as you meet their criteria (not at fault, third party details) your excess is waived regardless of if they're insured. The insurance company is still going to recover the full cost of repairs.

I don't get the no insurance thing either. If you damage someone else's car worth $100,000 (as an example) and it's written off you're liable for that full cost regardless of whether you're insured or not. Is it really worth going bankrupt to save a couple of hundred dollars a year?

OP if they are being difficult/dodgy I'd go through insurance. You never know what damage is underneath the bumper

#13 katbalou

Posted 21 November 2012 - 06:17 PM

I doubt the OP has comprehensive insurance herself, if the car is only worth $2-$3000.  I certainly wouldn't.

I wouldn't let the husband do the repair job.  I would probably settle for a cash sum to organise repairs myself, if I wasn't insured.

If I was insured, I would let the insurance company take care of it.

#14 FeralZombieMum

Posted 21 November 2012 - 06:27 PM

I agree with the others, sounds like they are offering a free repair, not cash.

I know of a few people that have had cars fixed by family or friends that are panel beaters - it's hard to know if you could trust them or not to do the right thing.

On the other hand, I know a few people that accepted cash and didn't end up getting it repaired - in each case the car damaged wasn't worth much to begin with and the paying parties have come out better than if they were forced to pay via insurance so kind of like a win-win for everyone.

eg
Many years when my DH was a student, someone (another student) ran into his mini at a slow speed. The guy offered to pay cash instead of going through insurance...DH had 3rd party (I don't think anyone should be allowed to drive a car without even 3rd party!) and the guy wasn't insured.

It was better for the guy to pay DH the cash (was the guy's idea) and DH didn't even have to get quotes, they just agreed on an amount.
DH had all the intention to get it repaired, but upon looking at the damage, he was able to hammer it back into shape - there wasn't any structural damage and not much damage to the paintwork. So he pocketed the cash - much to my disapproval at the time.

DH said that his car had depreciated due to this damage, so the money was compensation for that, not for the cost of repairs - if he had chased the guy with quotes and insisted it was repaired properly, then the guy would have been a lot worse off because it would have cost him a lot more.

#15 The Old Feral

Posted 21 November 2012 - 06:29 PM

Your bumper is a crucial part of your car's crumple zone, it has to be fixed properly and not just patched up by an amateur. Let your insurance company sort it out.

#16 jessie123

Posted 21 November 2012 - 06:37 PM

Go through the proper channels op. These things never end well.

If they have no insurance its not your problem they will simply take payments from them until its paid off. Having worked for an insurance company we had people who we would organise payment schedules with for very small amounts per week.  

Insurance is not designed for you to make a quick buck.

#17 liveworkplay

Posted 21 November 2012 - 06:45 PM



OP, go through your insurance, her financial problems are not your concerns.

QUOTE
I doubt the OP has comprehensive insurance herself, if the car is only worth $2-$3000. I certainly wouldn't.


We have a similar bomb I mean car and have it comprehensively insured. It is the "second" car and if it did get written off, we would need a second car and the $1500-$2000 we would get could certainly get a cheap, reliable one where we live.

Someone ran into it a couple of years ago and damaged the bonnet and front panel. The quotes came in at around $2500 to fix. Their insurance company argued that the car (at that time) wasn't worth much more then that but as we needed the car and thus wanted it  fixed , our insurance company insisted and it was done.

#18 emnut

Posted 21 November 2012 - 07:03 PM

QUOTE (katbalou @ 21/11/2012, 07:17 PM) <{POST_SNAPBACK}>
I doubt the OP has comprehensive insurance herself, if the car is only worth $2-$3000.  I certainly wouldn't.


One of our cars that are replacing soon is worth about that - it costs $60/annum less to have 3rd party insurance rather than comprehensive so really the difference isn't worth dropping to the lesser cover

#19 LookMumNoHands

Posted 21 November 2012 - 07:12 PM

QUOTE (casime @ 21/11/2012, 06:23 PM) <{POST_SNAPBACK}>
Put it through your insurance, that's what you pay premiums for.  It's not your problem that she has chosen to drive around uninsured.


Yeah, I agree. And there's no way I'd let the husband do the repair.

#20 2 Gorgeous Girls

Posted 21 November 2012 - 07:26 PM

QUOTE (katbalou @ 21/11/2012, 06:17 PM) <{POST_SNAPBACK}>
I doubt the OP has comprehensive insurance herself, if the car is only worth $2-$3000.  I certainly wouldn't.

I wouldn't let the husband do the repair job.  I would probably settle for a cash sum to organise repairs myself, if I wasn't insured.

If I was insured, I would let the insurance company take care of it.


I have comprehensive insurance on my car worth around that much. The premiums are cheap and I couldn't afford to replace it if I had an accident.

Besides if the OP only has Third Party insurance and the person who hit her is uninsured she can still claim through her insurance under the "uninsured motorist extension" It's a standard feature in policies.

#21 alwayshappy

Posted 21 November 2012 - 09:21 PM

So the saga continues....

We do have comprehensive insurance on our car, so we will certainly be considering going through our insurance company, especially after the latest email I received.

The lady emailed me to say she'd had a good chat with her husband and "...we are going to fix your bumper as you and (her) 'husband' agreed on when you first spoke which was a second hand bumper and it painted if needed.  We need the year and make/model of your car so we can get hold of a bumper for your car and also a paint code which 'husband' can help you get so we can buy the paint for a bloke 'husband' knows who is fully qualified to paint the bumper so no need to worry about 'husband' fixing the bumper himself as it will be done professionally.  It has to be done this way or our kids don't get Christmas".

So now they are trying to dictate to us how it is going to be done.  In my earlier conversations with her husband, I had indicated that I would do everything I could to keep the costs down, given they were uninsured.  I said that I would consider a secondhand bumper (and I still would) given the value of our car, but at no stage did I agree to having a home repair job.  My greatest fear with that is the lack of warranty and the issues around the integrity of the repair.

And the last line, about their kids Christmas..... words fail me!  As if that's my fault!

Ringing my insurance company tomorrow.  I hope a claim doesn't go against us with future premiums, but I think this might be the best way to progress this issue as they are clearly starting to get bossy!

Wish me luck!

#22 Chchgirl

Posted 21 November 2012 - 09:24 PM

I would go through the insurance company as pp's have suggested. It isn't your problem if they are uninsured..

#23 Soontobegran

Posted 21 November 2012 - 09:30 PM

OP, how did she back into you at an intersection? People are usually moving forward not reversing. huh.gif

#24 liveworkplay

Posted 21 November 2012 - 09:32 PM

QUOTE
Ringing my insurance company tomorrow. I hope a claim doesn't go against us with future premiums, but I think this might be the best way to progress this issue as they are clearly starting to get bossy!

Wish me luck!


Good Luck! I would not be corresponding with them from now on, leave it to the insurance company

#25 VioletRose

Posted 21 November 2012 - 09:32 PM

QUOTE (alwayshappy @ 21/11/2012, 10:21 PM) <{POST_SNAPBACK}>
It has to be done this way or our kids don't get Christmas".

If i was in any doubt about getting my insurance to deal with it (which I wouldn't be) This veiled threat would seal the deal for me.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

How I learnt to relax about routines

After many routine-led, tough years, we've realised that being parenting isn't about being perfect. It isn't about following a schedule to a T.

Should you have a third child or not?

I thought our family had been complete with our two boys. I had no idea how much I needed my daughter until she was here.

Helping a toddler embrace an adopted sibling

A single parent by choice, I am preparing to adopt a second baby from Morocco. And I face a special challenge.

When pregnancy messes with your self-esteem

Pregnancy doesn't make all women feel beautiful. It certainly doesn't raise every woman's self-esteem.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Robbie Williams live tweets wife's labour

And the award for most patient woman in labour goes to ... Robbie Williams' wife, Ayda Field.

Vaccine ignorance is deadly and contagious

In the absence of credible, strong political leadership, paranoia about disease can go viral.

Parenting differently based on birth order

All children have unique personalities, but keeping birth order in mind could help when parenting.

How to get rid of the mum guilt

Motherhood and guilt seem to go hand in hand, but there are ways to focus

Paid parental leave scheme grinds to a halt

The future of Prime Minister Tony Abbott's paid parental leave scheme appears to be up in the air, despite the fact it is due to begin in less than nine months.

The devastation of foetal alcohol spectrum disorders

No one's sure how many Australians are affected by foetal alcohol spectrum disorders, but the consequences for those who are can be devastating.

The pros and cons of finding out the sex of your unborn baby

It’s often one of the biggest choices parents make during the course of their pregnancy; to find out, or not to find out, the sex of their baby before it’s born.

Toddler's awesome dress up month

Two-year-old Willow and her photographer mum, Gina Lee, made October "Dress Up Willow Month". She posted photos of Willow's costumes on her Instagram account, and her creative takes on popular culture are simply adorable.

Childhood around the world

It can be easy to assume our ideas around childhood are universal, but they are particular to where we live, as these practices show.

Best picks for baby and toddler shoes

Here's a great selection of footwear from pre-walker to walker ensuring comfort and style for growing feet.

I lost my wife and daughters to Ebola - then it came for my son

Sunday, September 21, is a day I will never forget.

The 'yucky' illness that took over my life

I have a chronic illness nobody likes to discuss. It involves toilet talk, and probably caused my miscarriage. But it needs to be talked about.

Prenatal testing: the facts

Prenatal testing is done to check if a baby has certain medical conditions before birth. Here is some important information about what the tests are for and the risks involved.

5 things to do with your baby?s old clothes

Did you think your only option for your baby?s old clothes was to pack them away or give them to the Salvos? Think again.

Why it's possible to not realise you're pregnant until the baby arrives

After hearing about 'surprise babies' born to mums who didn't know they were pregnant, it's common to ask "how did she not realise?" But experts say it's entirely possible for it to happen.

'My miracle is finally here'

How has the world continued on its pace when mine has been altered so drastically?

Dairy can help older women fall pregnant: study

Ice cream may be the ultimate comfort food, but a study suggests it could also help older women to have children.

Megan Gale goes topless for 'sexiest people' cover

Six months after a heavily pregnant Megan Gale posed nude for Marie Claire, the glowing new mum has gone topless for the cover of another magazine.

A new perspective on life from living with two diseases

A mother shares her personal story about the difficulty of living with two conditions, one of which stops her from being able to see her daughter's face.

Warning about Children's Panadol dosage

The Therapeutic Goods Administration has issued a safety advisory warning parents about confusion when using the dosing syringe supplied with Children's Panadol.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Take 'The Coles Big Nappy Change' Challenge

You could become part of our Test Drive team and win one of 200 packs of Coles Little Explorer Nappies as part of our 5-day challenge.

Win 1 of 5 Canon Powershot D30 cameras

Capture life more easily with the Canon Powershot D30. Shockproof, waterproof and dustproof, you can take it almost anywhere and shoot beautiful images, time after time. Enter now!

16 parenting truths you won't find in the baby books

I am five years into this parenting gig and I’ve learnt that sleepless nights and changing dirty nappies are child’s play.

Best and worst potty party cakes

It's nice to celebrate a child making the shift from nappies to 'big kid' undies, but do we really need a semi-realistic used toilet cake to do it? Here are some of the best and worst cakes parents have used at 'potty parties' around the world.

7 tips for a financially festive Christmas

Plan ahead - and do it now - to ensure festive season expenses don't break the bank.

'Go the F*** to Sleep' author's new book for frustrated parents

A sequel is coming soon to the 2011 hit book 'Go the F*** to Sleep' - and this time, it's about mealtimes.

Great birthday party buys from Etsy

Handmade crafts to decorate and personalise your child's next birthday - from banners to cake decorations, we've got gorgeous party finds from Etsy.

Join us in The BIG nappy change

Introducing the new Coles Little Explorer Nappies! You can confidently rely on Coles Little Explorer nappies at each stage of your child's growth, so take the Big Nappy Change and try new Coles Little Explorer nappies for yourself!

Creative storage ideas for the kids' rooms

Creative and practical storage ideas for the kids' toys and books can also add some stylish decor to your home. Visit babyology.com.au for more stylish modern finds for hip kids & parents.

Weird trend

Couple has five babies in 14 months

Julie and David Grygla weren't sure they'd ever have kids - but their dreams have now well and truly come true.

To the mum in the doctor's waiting room

Maybe the mum I saw in that waiting room, seemingly disconnected from her baby, doesn’t have the support she needs.

10 space-saving nursery ideas

Starting a family doesn't always mean moving into a bigger house - not yet, anyway.

 

What's in a name?

Baby Names

Looking for a classic name, or an unusual name? Our Baby Name Finder is for you, search or browse to refine your shortlist.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.