Hi Guys,can anyone help.

Stupid idiot crashed into my car about an hr ago,whilst my husband sat in it.He has caused several hundred dollars worth of damage.Said he cant afford to pay for damage and isnt insured.

What can we do.Any pointers?

Thanks Sue

What an awful thing to happen and the good news is he will have to pay, one way or another.

If you have comprehansive vehicle insurance contact your insurer for more details.

Check this link for legal information.

http://www.lawhandbook.sa.gov.au/index_article.asp?id=4717

Jet :)

Hi Sue

Hopefully you have comprehensive ins. together with any witness info., if so, give your insurance company as much info. as possible together with the other guys details and let them sort it out. You should be able to have the repairs carried out through your insurance without any financial loss to yourself.

See what they have to say

Cheers

Chalky

I hope you have the other driver's name, phone number, or at the very least, registration number.
Then, I would report to police to begin with.
After that, check with your insurance company and see what they advise.

Two years ago, someone backed into me, then drove off. I was very proud of myself that I managed to memorise the regn no. then wrote it down as soon as I could safely stop. Then went straight to police station and reported it, and managed to get damage fixed through other person's insurance.

Even if the other person has no insurance, they are still responsible.

Sorry you have had this problem. I know it is an absolute pain!!! :sigh:

ps. As Chalky said, as long as you have the name and address of the person who did the damage, and you have comprehensive insurance, your insurance company will sort it out for you at no expense to you, and you don't lose your no-claims bonus. (As long as you were totally not at fault.)
Good luck!

You MUST report the crash asap to the police.

http://www.sapolice.sa.gov.au/sapol/road_s...ing_a_crash.jsp

Given my recent experiences rule no.1....report the matter to the police and make sure the report is accurate and factual. If the other driver reported it also (which both drivers are obliged to do within 24 hours) - make sure the 2 accounts tie in. Then contact your insurance company with as much detail as possible.

If the police report is not accurate you'll have a hard time in my opinion until is is - as I am finding out much to my disgust! The individual who attended my incident has hardly been a beacon of SA police efficiency and I'd like not to judge the whole force on one character. However they made a bollox of it and I'm now coming up against bureaucracy and red tape!! It could be months before I can think about suing or approaching the other drivers insurance company again.

Apologies for the rant :D - wanted to highlight the problems which may occur if the report isn't accurate at the start.

Good luck.

Same thing happened to me last December. I reported it to the Police, who prosecuted her and also my insurance company, (fully comp) paid to have my car repaired and then their solicitors sought to recoup the cost from her, through the courts.

It's a real pain, but the other driver should have to pay....even if it is a small weekly payment to your insurance company.

Good luck getting it all sorted out.

This has happened to me twice.

So long as you have the rego you are fine - report it to the police and then put a claim in with your insurance. The police will let you have the other drivers details in due course. As you have provided the insurance company with the other drivers details then there will not be any excess payable. Soo just sit back and let everybody else sort it out.

Now I know the law dosn't make everyone do as they should, but isn't it against the law to not have insurance? I am just suprised that the other person offered that info. so easily!! Do the police not follow that, I would have thought that would automatically make them at fault as they're driving illegally? Have I just learnt another lesson about SA life?!! :loopy:
Claire

Only registration is compulsory in SA which has third party insurance for injury. No MOT's required or a need for insurance.

Makes you that little bit more careful (or should I say anxious) on the road.

I think they must have rego as a minimum as that also has compulsory third party (CTP) insurance included in it - but that only covers medical expenses and personal injury. Based solely on my recent experience, I don't think its compulsory to have additional insurance to cover damage to goods ie cars, bikes, etc. You (or your insurance company) then may need to sue to recover costs if the other party doesn't cover the cost of damage.

OMG. I had heard about the MOT situation but I admit I'm shocked about the insurance, don't worry if I crash into you I will be covered!!! After reading about some of the bad drivers, ohhhh dosn't bare thinking about :huh:
Claire

I think it is a good syetem as it is all tied into the rego which is like the MOT sticker you get in the car window without that sticker it is very very obvious you are not insured....hence the majority of cars are insured or make it very easy for the police to see they are not. In the Uk you can have an MOT displayed in your window but have no insurance so at least here as long as someone else has a rego if they crash into you their insurance will pay out.

I hope you get it sorted out quickly and painlessly Sue.

Sasha :)

Having rego doesn't mean the other party has insurance to cover the cost of damage to cars, etc.. The rego though as I have stated previously, will cover only medical and personal injury - which is a start. It won't cover the cost of writing off a $20 000 car. You'd need to claim off your own insurance to cover this cost if you were in the position of an uninsured driver (with rego) hitting you and being unable to pay the damage.

I think its a good system as well - up to as point. I think additional 3rd party insurance as a minimum should be mandatory.

So basically, it would make sense for anyone of us wanting to protect our cars to have comprehensive insurance, in case we get hit by someone without 3rd party damage insurance...?

I'm glad I now know that the reggo only covers 3rd party injury and not 3rd party vehicle damage. Oh well...

And on the subject of MOT's - so is there no annual check that cars must undergo to ensure their roadworthyness? If not then there must be some death traps on the roads in Australia. :o

That is what I am told at the RAA during my current situation on insurance and rego - rego only is the minimum legal requirement.

I've only got 3rd party insurance on my car - it just wasn't worth it for fully comp :D

Can't comment on the MOT thingy....but I'm sure there are one or two better placed who can comment!

Nope - no MOT equivalent here. You should see some of the old heaps on the roads :sign68:

OMG I'm sorry I thought it was like the 3rd party insurance you get in the UK so it would cover you if you hit another car :o

In that case ignore my previous post :lol:

Sasha :)

The only states that require annual road worthiness tests (MOT) prior to registration renewals are New Soth Wales and the Northern Territory.

Other states including SA only require a test if your vehicle is given a defect sticker by the Police or a second hand vehicle is brought from interstate and requires a new registration.

Also needed in Victoria when a vehicle is sold. ;)
http://www.vicroads.vic.gov.au/VRNE/vrne5n...A256FD300241C38

& Queensland otherwise you can get done for advertising it without a roadworthy.

Sasha :)

When we first got here I thought the rego insurance was third party... it is, but it is third party body only. :doh:

Regarding CTP in SA, there are some guidelines.....

CTP Personal Injury Insurance:

Covers passengers, pedestrians, cyclists and other road users
Covers injuries to the driver proportionally according to degree of fault - unless driver is entirely at fault
Provides cover 24 hours a day, Australia-wide
Provides compensation for reasonable medical and hospital costs and other related expenses
Provides compensation for lost time at work (greater than seven days)
May provide a lump sum payment for non-economic loss (eg loss of function; pain and suffering)
Compensation may be reduced for victims who ignore certain basic road rules
Does not cover damage to vehicles or other property

http://www.allianz.com.au/allianz/CICT+SA.html

If/when I get sorted out from getting knocked off my bike 5 weeks ago, I'll post my experiences with the system - and it's not looking good at the moment. :(