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

 

Why Tracey Spicer has given up make-up

"After 30 years on television, I had become what I despised: a painted doll who spent an hour a day and close to $200 a week putting on a mask."

Empowering bikini photo of 46-year-old mum goes viral

When a group of teenagers made rude remarks about her body as she walked past them in a bikini at the local beach, Julie Cross refused to cover up.

Devastated widow discovers she's pregnant the day before husband's funeral

They had been trying to conceive a baby for seven years. Tragically Kristy Kirchner found out she was pregnant the day before her husband Royce's funeral.

Gabriella Goat sues Peppa Pig

Every toddler's favourite television pig is being sued by an Italian woman who shares a name with a Peppa Pig character.

Meet the Mpregs, the male pregnancy enthusiasts

"Men can't have babies - that's something only women can do! But our community is full of like-minded people who wish otherwise."

Your new motherhood survival kit

Forget about the bright, pretty baby things - while you're in survival mode, all you'll need are the essentials.

More than 100,000 cars recalled globally after death of pregnant woman

The announcement of a mass recall comes as Malaysian police investigate the death of pregnant woman in July.

Win a family pass to Disney Live!

We have 4 family passes to give away to see Disney Live! presents Three Classic Fairy Tales, touring Australia this December/January.

I had a 'good baby' but still suffered from postnatal depression

I had a much wanted precious baby girl, a 'good baby' who slept well, self settled and was mostly content. It just seemed implausible to think I could succumb to depression.

There's no need to eclipse a babymoon

As long as pregnant women do their research, travelling during pregnancy can be done safely.

Mum and daughter have babies on same day

"It's not really something you ever want or think could happen. To have my mum going through it with me is probably the most special, amazing thing ever.”

Our baby's reflux caused the longest endurance test of our lives

I'm glad she wasn't my first child, or I would have thought that this was normal.

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

The podcast that reminds mums they are not alone

A mum's complicated, gruelling labour gave birth to two lovely beings: her daughter and her delightful podcast, The Longest Shortest Time.

Is it too late to change my midwife?

My wife is nine months pregnant and we are planning a home birth - but we've had late problems with our midwife team.

The Very Hungover Caterpillar: a parody many can relate to

A new book released this month will be sure to have parents nodding and giggling in recognition the world over.

Babywearers unite against misinformation

Everyone has heard of people power, but what about passionate babywearing power?

Reliving the birth experience

When people ask about how my labour went, I usually respond: "Good, I think? Four hours long, and yeah it hurt, but I dunno, it's labour, it's giving birth, it's painful... but I guess it was good? As good as good gets?"

Literary baby name inspiration

From Harry Potter to Shakespeare and everything in between, we've scoured the library shelves for literary baby name inspiration.

Preparing your child to attend a sibling's birth

Thinking about having your kids at the birth of your baby? Here are some things to consider.

Counselling helps mum deal with triplets' early birth

When Kimberlee King's waters broke nine weeks before her triplets were due, she went into autopilot as she packed her hospital bag.

The women balancing babies with new businesses

Motherhood teaches us that we can be more tolerant, patient, and loving than we ever thought possible - and can also show us that we're innovative, creative and entrepreneurial, too.

It's true, kids grow up overnight

A dad ponders how his toddler daughter can change so much in just one 24 hour period.

Father sings to dying son days after losing wife

A heartbreaking video shows a new dad singing 'Blackbird' to his dying son just days after losing his wife.

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

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Join PADDINGTON on the red carpet!

To celebrate the release of PADDINGTON, we are giving five lucky winners the chance to win a family pass to the exclusive Australian Premiere in Sydney on December 7!

Knowing you are one of the lucky ones

I am secure, confident and strong, but the responsibility of protecting my children can almost bring me undone.

Why I am so emotional now I have kids?

There are so many ways in which parenthood changes us as women, but one of the most noticeable, for me, has been the changing state of my emotions.

Baby survives despite sharing womb with 'foreign body'

Baby Maia was conceived against the odds, only to find she was sharing a womb with an ominous "foreign body".

Video: Baby shows dog how to jump - or vice versa

They say dog is man's best friend, but this playful pooch seems to have chosen a jumping baby as her number one buddy.

10 ways to soothe a crying baby

New paernts can get frustrated when their newborn gets fussy and can't settle down. When you're feeling overwhelmed, try some of these simple tips to help soothe your baby.

20 baby names that are becoming more popular every year

The data-lovers at nameberry.com have been at it again – this time, they’ve discovered the names that are continually rising up the ranks, ready to take out some top spots in the next few years.

10 great meals to make for new parents

Ideally, you want to give food that isn’t expensive to make, isn't too difficult to create, and freezes well; stews, bakes, soups and pasta sauces are perfect.

'It's not you, it's me': Boston bombing survivor mum to have leg amputated

Rebekah DiMartino is going through a break-up. She even wrote a farewell love letter. But it's not to her husband.

What it's like to go through early menopause

In a cruel twist, Carla had been breastfeeding and perimenopausal at the same time. But she's far from the only one to go through menopause early.

Restaurant served alcohol to two-year-old

Busy restaurants can be forgiven for getting food and drink orders mixed up from time to time, but not when the confusion leads to a two-year-old being served an alcoholic cocktail instead of the child-friendly beverage they ordered.

Julia Morris tells of miscarriage on a flight

Julia Morris has spoken about the devastation of suffering a miscarriage while on an international flight.

Woman's survival after birth 'a story of two miracles'

A US mother is home and tending to her new baby less than a month after surviving without a pulse for 45 minutes.

Eating ice may give mental boost to the iron deficient: study

A new study proposes that, like a strong cup of coffee, ice may give those with insufficient iron a much-needed mental boost.

Tiny lives in caring hands: Thank U NICU Day

Each year in Australia, over 40,000 newborns need the help of a special care nursery or neonatal intensive care unit. One day a year, the staff are honoured by the parents they help through those dark days.

I paid $50,000 to have a girl

This time my husband and I hadn't taken any chances. We had paid $50,000 and travelled 13,000 kilometres to make sure the baby growing inside me was female.

Weird pregnancy products

Some pregnancy products come to market and are just awesome. Others just leave you scratching your head.

Dear firstborn, I'm sorry

Being a first-time mum is tough for so many reasons – particularly because you really have no idea what you're doing.

A trace of sesame could kill my son

Helen Richardson son's had two anaphylactic reactions in a month. It's traumatic for everyone.

When you know before the test says yes

It wasn't a pregnancy test or missed period that told me I was pregnant with my second baby; it was too early for those things. A doner kebab told me I was going to be a mum again.

What not to do when your partner is in labour

Robbie Williams stole the show during his wife Ayda's labour, pretty much demonstrating everything on the "what not to do when your partner is in labour" list.

Best maternity swimwear and beach cover-ups

Thinking about a tropical babymoon but have nothing to wear? Here are some great swimwear and beach cover-up options for mums-to-be.

Parents face bankruptcy after birth

A couple has been slammed with a $1 million medical bill after the early arrival of their baby while on holidays.

 

How many weeks til Christmas?

On your To-Do list

Get the "Santa" shopping done without the kids in tow.

 
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.