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

 

Win a copy of 'Breakfast, School Run, Chemo'

To celebrate the launch of EB member and contributor Julia's Watson's first book, we have five copies of Breakfast, School Run, Chemo give away.

Electronic tags may keep newborns safe

The possibility of using electronic bracelets for mothers and their newborn babies is being investigated by Adelaide's Women's and Children's Hospital. 

Baby steps: when your little one starts walking

As a parent there are so many milestones to look forward to. That first smile, first word - and, of course, that first step.

Julia Watson's new book 'Breakfast, School Run, Chemo'

Tomorrow my friend Julia launches her first book. And while we're all overjoyed, the success is tinged with sadness. You see, Julia has stage 4 bowel cancer.

How not to name twins

Call me boring, but I don't think that when it comes to choosing my twins' names is the right time to use a good pun.

Fun Sunny Life pool inflatables just for babies

The babies of 2015 will thus be thrilled to paddle their happy baby legs in these brand new flamingo and swan baby inflatables.

Breastfeeding basics for beginners

Here are 10 tips to help make breastfeeding successful and stress free for both you and your baby as quickly as possible.

Girl smothers baby brother with peanut butter

This mum had a big clean up job on her hands.

How to hide those under eye shadows

Pandas are the only ones who benefit from under-eye shadows. If you're not fluffy and cute, you'll just look tired.

Young mum dies after being denied pap smear

A mother has died after she was denied a pap smear because she was deemed "too young" to need it.

Birthday cakes banned at childcare centre

A childcare centre in Sydney has banned birthday cakes after parent complaints about excessive sugar and children with allergies being left out.

Triplet surprise for newlyweds

As the radiographer moved the wand over her abdomen, Shelley King got the surprise of her life.

3 yummy Thermomix baby and toddler recipes

Louise Fulton Keats shares her recipes for babies and toddlers, including corn and sweet pikelets, pumpkin and pea risotto, and cheesy bunny biscuits.

Man arrested over toddler Nikki's death

A 31-year-old man has been arrested over the death of two-year-old Nikki Francis-Coslovich in Mildura.

Adoption ban on pregnant women to be lifted

Pregnant women will no longer be barred from adoption waiting lists in NSW, after the Baird Government decided the practice was discriminatory.

Are you getting enough magnesium?

Magnesium is the fourth most abundant mineral in the body, but we don't talk enough about it and the vital role it plays in great health and energy, as well as disease prevention.

5 workplace lessons for new parents

Take heart in these principles that will transfer seamlessly from the workplace into your new life as a parent.

Mums to follow on Instagram

A creative outlet for many, there are some savvy women complementing their blogs and businesses with riveting Instagrams feeds. We've chosen a few which have bucketloads of appeal; there are some big time players and some smaller local ones, and they each bring their special brand of magic to the Instagram experience.

Review: The Volvo 2015 XC90 SUV has all the safety features your family needs

The new Volvo XC90 SUV's focus on keeping you safe does not come at the expense of comfort in the XC90.

Kim Kardashian reveals she may have hysterectomy

Kim Kardashian has revealed complications during pregnancy means she might have to have a hysterectomy after the birth of her second child.

Why late night snacks wreak havoc on weight loss

 Loath as you may be to admit it, chances are that at some point you have found yourself in the kitchen late at night, devouring food.

Toddler twins pretend to be asleep to fool mum

They say twins have a unique connection. If this cute clip is anything to go by, these toddler sisters like to use their special bond to try to fool their mother.

Dad bags: 10 picks for out and about

Getting out of the house is a big priority in the early years of parenthood and you need to take a well-stocked kit with you. We've chosen 10 of the best nappy bags sure to appeal to dads in style and function.

Win a Mountain Buggy Swift

To celebrate Essential Baby reaching half a million Facebook fans, we have a Mountain Buggy Swift to giveaway to a lucky fan.

Get your FREE Baby & Toddler Show ticket!

Get your free ticket to the Sydney Essential Baby & Toddler Show for September 25-27 - register online now.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Dads who do their share have more sex: study

For women trying to encourage their partners to take more interest in fatherhood, it could be the ultimate incentive.

Think you might have IBS, coeliac disease or Crohn's?

Conditions affecting the gastrointestinal tract are common in modern humans, and many are on the rise - including irritable bowel syndrome (IBS), inflammatory bowel disease (IBD) and coeliac disease.

Couple poses for newborn shoot with adorable puppy

Tired of being asked about their baby-making plans, Australian couple Matt and Abby decided to give a creative answer.

The exercises you know you should be doing (but probably aren't)

I bet your to-do list today is long. But somewhere on that massive list, are you making time for your pelvic floor?

This baby really loves the family cat

Some babies get excited when mum or dad come to get them from their cot after a nap.

Designer kids clothing good enough to eat by Oeuf

Even if you aren't heading to the Northern hemisphere in the next six months, you can't help but love the amazing food-themed knits for babies and kids by cult kids brand Oeuf.

Early exposure to peanuts recommended for allergy prevention

A paediatricians' group is recommending that infants at high risk of peanut allergies be given foods containing peanuts before they turn one.

Home brand foods contain less salt than pricier rivals

Supermarket home brand foods, long derided as cheap and inferior, contain far lower levels of salt than pricier, branded rivals, new research shows.

Nannies for hire, wherever you're flying

Ever dreaded the prospect of a long flight, dreaming about how wonderful it would be for a nanny to entertain the kids?

Couple poses for newborn shoot with adorable puppy

Tired of being asked about their baby-making plans, Australian couple Matt and Abby decided to give a creative answer: with an unusual photo shoot with their 'baby', a groodle (poodle/golden retriever cross) named Humphrey. The talented Elisha from Elisha Minnette Photography caught all the precious shots.

Is it okay to name your baby with a sense of humour?

My husband was sure that Danger was a good option for a boy. And as the pregnancy progressed, it actually started to sound really good.

Woman gives birth after having her own mother's uterus transplanted

In a world first, a healthy baby has been born from the same womb that nurtured his own mother.

So hot right now: double-barrelled baby names on the rise

It's one way to make your baby stand out from the pack – giving them not one, but two first names.

Second time around: is it really better the devil you know?

When I fell pregnant with my second child I was, naturally, very excited. Then it all started to come back to me - and I freaked.

Shopping with kids: breaking the pester-power cycle

You're out shopping with your little one and they're incessantly whining that they want a treat. It's easy to say no ... the first time, at least.

How did we have babies before apps came along?

Three months ago, my wife, Chrysta, and I were driving along Melrose Avenue in Los Angeles when she let out a harrowing cry.

When your toddler disagrees

There comes a time when your child starts having different views to you. I didn't realise that time would come so soon.

Win a Pacapod this Father's Day

To celebrate dads and families, we are giving away a Picos Pack from Pacapod Australia filled with a few extra goodies ENTER NOW

 

FREE TICKET

Discover the magic of the LEGOŽ DUPLOŽ Play Area in Sydney

Get your free ticket to The Essential Baby & Toddler Show and save $20 - register online now!

 
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.