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at fault minor accident, now sued to reimburse their car hire costs!!!
derka
Sydney, New South Wales
1 posts
i had a minor accident back in Feb...which was my fault, didnt see a stop sign in the car park and hit them on the side at like 20/km....did minor dents near the fender...so we reported to insurance and i paid $2200 excess...then last week early may, they sent me a letter from solicitors saying i need to send them a cheque of $1360.60 for the car hire costs due to my negligence.....i was like w-t-f....i asked alot of ppl and they said im not responsible for other parties car hire if they DONT take the car hire option on their insurance policy....however, since they are taking this thru legal issues, im a bit lost....my car insurance is comprehensive, if that makes any difference....
but 3 months after the accident, they just demand the costs of car hire without even notifying me b4 they hired...and they said they hired the car for 21 days when it was just a small dent and a respray...i had my car fixed cos my bumper got dislocated and a minor dent on the bonnet and it onli took 4 days....so im thinking this guy is trying to rip me off....

any advice is thankfully appreciated!!!
04:59am 21/05/10 Permalink
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04:59am 21/05/10 Permalink
Spook
Brisbane, Queensland
29177 posts
do you have a valid passport?
05:13am 21/05/10 Permalink
derka
Sydney, New South Wales
2 posts
do you have a valid passport?

whats this to do with passport?
and yes im aust citizen?
05:20am 21/05/10 Permalink
deeper
Sunshine Coast, Queensland
3498 posts
interesting first post
05:44am 21/05/10 Permalink
Persay
Brisbane, Queensland
6368 posts
i would've told my insurance company to go jump off a cliff if they wanted a 2200 excess
06:03am 21/05/10 Permalink
derka
Sydney, New South Wales
3 posts
i would've told my insurance company to go jump off a cliff if they wanted a 2200 excess


thats cause im under 25, name not on policy...so the maths is like 600 basic excess + name not oni policy(1200) + under 25(400)

so back to the trouble...i aint gonna pay another 1300$ cause he dsnt wanna buy car hire on his insurance....if i pay this he can come back later and say due to the time his cars was in repairs, he could not go to casino to win 5million dollars...and ask for compensation??
06:13am 21/05/10 Permalink
Tim Tibbetts
Brisbane, Queensland
2303 posts
Are you being served in court? OR is this a letter of demand?

If you are being served in court, ie if they have taken legal proceedings then you need to do something, you may want to talk to a solicitor yourself.

If they have just sent you a letter of demand, then I would do nothing. They are basically just pressuring you into paying. The letter of demand is worthless, it's not until you go to court that you need to act on it.

My advice is to wait. If they do take the matter to court, then I would go see a solicitor.
06:32am 21/05/10 Permalink
imitation
Brisbane, Queensland
3979 posts
how was the damage even $2200 if it is was just a small crash? I smashed a car pretty bad and it was only $2500 to fix up.
06:48am 21/05/10 Permalink
Saint
Cainer
Brisbane, Queensland
2720 posts
You'd be surprised how much it costs to fix something minor these days. I had a small dent and a bit of paint gone once and every quote was $2k+.
06:55am 21/05/10 Permalink
orbitor
Brisbane, Queensland
8324 posts
This is BS. They are just trying it on.

You have comprehensive insurance, it is up to your insurance company and theirs to wrangle out reasonable costs between them. You have already done your bit by paying your excess. Talk to your insurance company and ask for advice. I'm guessing they'll either tell you to ignore it, or send a reply letter just saying please contact my insurance agency at (give address/phone).
07:00am 21/05/10 Permalink
derka
Sydney, New South Wales
4 posts
they just sent me a letter...saying pay 1300$, else they will take further legal actions...
not court matter yet....however, upon recieving the letter i did give that solicitor office a call to see wats happening...then they advised me to call NRMA which i did after.....so im just waiting for nrma to sort it out
07:08am 21/05/10 Permalink
shad
Brisbane, Queensland
3096 posts
http://www.financeseekers.com.au/news/37-news-hire-car-for-not-at-fault-driver

Not sure if that is still valid, but worth a read before you consider the response your insurer gives you.
07:17am 21/05/10 Permalink
Tim Tibbetts
Brisbane, Queensland
2304 posts
Orbitor is right, it's up to the insurance company now that you've paid your excess. You should just send the letter to them.

Regardless though their claim and request holds no merit until it's actually lodged with the courts. A lot of solicitors are dodgy f****, and a 'letter of demand' is just another way for them to get even more money, as they charge you for the letter, and then when the other party does nothing, they will charge you again to take it to court.
07:17am 21/05/10 Permalink
`ViPER`
Brisbane, Queensland
2312 posts
Even if it went to court, you are only ever responsible for a reasonable number of days at a reasonable cost per day for car hire.

I would say for a minor repair, if the car was still drivable, then 7 days would be the maximum that would be reasonable. Then you'd have to figure out what a reasonable ammount would be for daily car hire.

07:56am 21/05/10 Permalink
Tim Tibbetts
Brisbane, Queensland
2305 posts
But surely that would be covered as part of the comprehensive insurance right??
07:57am 21/05/10 Permalink
paveway
Brisbane, Queensland
12042 posts
just ignore it, as you said if they didn't take out car hire on their insurance policy that is their problem they are just trying to see if you're gullible enough to pay it

they won't take it any further because they know it's a bulls*** claim
08:01am 21/05/10 Permalink
natslovR
Sydney, New South Wales
6675 posts
with comprehensive insurance, the insurer covers it all. Just ring them up and tell them about it.

We had someone send us a letter to pay a few grand to fix a wall. Just called up AAMI and they handled it all.
08:13am 21/05/10 Permalink
tequila
Brisbane, Queensland
7189 posts
actually, it is 100% your problem - the simple fact is they are out of pocket for the cost of the hire car
regardless of them not taking out the hire car option or not, it is 100% your fault that they don't have a car for the duration - so they can sue you for this
any expenses, be it repairs, injury or hire car costs are the problem of the at-fault driver

that said, you have nothing to worry about because you are fully insured
just call up your insurance company and tell them that the other party has threatened to sue you over the accident and they will deal with it.
Once you have paid your excess, it becomes the insurers problem

09:02am 21/05/10 Permalink
Fireblood
Brisbane, Queensland
9518 posts
so what you can go out and hire a BMW for 2 weeks while the s***box 6k car is being repaired and sue? Surely it's like for like replacement?
09:07am 21/05/10 Permalink
fade
Brisbane, Queensland
4487 posts

regardless of them not taking out the hire car option or not, it is 100% your fault that they don't have a car for the duration - so they can sue you for this
any expenses, be it repairs, injury or hire car costs are the problem of the at-fault driver

that said, you have nothing to worry about because you are fully insured
just call up your insurance company and tell them that the other party has threatened to sue you over the accident and they will deal with it.
Once you have paid your excess, it becomes the insurers problem


Where are you and what did you do to Teq?

Spot on answer.
09:08am 21/05/10 Permalink
hardware
Brisbane, Queensland
7334 posts
09:09am 21/05/10 Permalink
tequila
Brisbane, Queensland
7190 posts
so what you can go out and hire a BMW for 2 weeks while the s***box 6k car is being repaired and sue? Surely it's like for like replacement?


If it got to court, the judge would simply say that you (via your insurer) are up for the hire car costs - but they won't just pay whatever your asking (unless you or your lawyer don't argue the costs)
basically, your lawyer should say "well judge we agree that we have to pay something, but we think the BMW was very extravagant and in this instance feel that $40/per day is sufficient"

the judge is most likely going to agree that the other parties $200/day car was extravagant and award them partial costs

09:15am 21/05/10 Permalink
RockitMan
Brisbane, Queensland
5637 posts
Ignore.
09:36am 21/05/10 Permalink
Pinky
Melbourne, Victoria
5872 posts
This is your insurance company's matter now you've paid the excess. Forward them the letter and live life as usual.
10:05am 21/05/10 Permalink
Hogfather
Cairns, Queensland
6520 posts
Yup, you paid the excess, you were insured for the prang and anything associated with it - the NRMA's expensive lawyers should now have your back. Its just the same as if old mate suddenly developed massive whiplash problems and needed a half million dollars to pay for all the b****** and blow he was using as therapy.

Forward & ignore.
10:14am 21/05/10 Permalink
Twinsen
Gold Coast, Queensland
555 posts
In QLD it's the only state where your insurance company does not pay for Car Hire, some stuuuupid old lady ran into me, they out right refused to pay for car hire, lucky she was fully insurered so I wrote a big ass letter to suncorp stating that if it were not for her I would not have to hire a car and because your insuraing her you should pay it...

3 months later i got my monies back....
02:01pm 21/05/10 Permalink
thermite
Brisbane, Queensland
5313 posts
Did you get any details about what car they hired, and where. And what justification they had for hiring a car? I'm not saying it's not justified, just curious if they mentioned that.

The costs and duration of the car hire do seem extravagant.
02:14pm 21/05/10 Permalink
derka
Sydney, New South Wales
5 posts
they hired a Yaris from 1car1 for 21 days at $50/day....
did some research and No Birds offer a car in the yaris range for like 30$/day...
06:30am 22/05/10 Permalink
tequila
Brisbane, Queensland
7208 posts
its not your problem anyway, just tell your insurer, forward the letter to them and go about your life
07:25am 22/05/10 Permalink
MatchFixah
Brisbane, Queensland
3030 posts
F*** insurance companies altogether.

I live life on the edge (of my s***box).
09:02am 22/05/10 Permalink
Eds
Brisbane, Queensland
9440 posts
Reply to them with your insurers details and your policy number. foward the letters to your insurer.

I was sued buy someone once, I simply told them to take it up with my insurer. Never heard from them again until I rang the investigater and asked what happened. She got caught out lying about whiplash and lost the case.
09:11am 22/05/10 Permalink
Twisted
Brisbane, Queensland
11053 posts

A $2200 excess...wow mine's like $400 full comp.
09:28am 22/05/10 Permalink
skythra
Brisbane, Queensland
2325 posts

I live life on the edge (of my s***box).
Wonder what happens the day you clip a merc or perhaps worse..

I have an aunt who took nearly 20 years to pay off someone elses car after she t-boned them in a 1980's mitsubishi sigma. 3rd party property is minimum everyone should be paying...

A $2200 excess...wow mine's like
for driving your own vehicle over the age of 25 without previous record of at fault accident. This was clearly explained in like the 4th post.
10:53am 22/05/10 Permalink
wiggleplix
Melbourne, Victoria
23 posts
I agree with the others, the hire car is their problem. It's up to your insurance company to do battle with their insurance company to work that one out- you've coughed up your part of it, I'd just tell the solicitor to take it up with your insurance Co, the whole reason they're trying to get the money out of you is because your insurance company probably already told them they aren't reimbursing them for the hire car cost.
11:38am 22/05/10 Permalink
Sc00bs
Brisbane, Queensland
4200 posts
2200 excess can suck my nut sack.

how old r u?

when i was 18 my excess was only like 1500 or something.
12:57pm 22/05/10 Permalink
MatchFixah
Brisbane, Queensland
3037 posts
Wonder what happens the day you clip a merc or perhaps worse..
Been there done that. I'll just pay them in instalments like i would if i was insured with the company, without the excess.
02:48pm 22/05/10 Permalink
hardware
Brisbane, Queensland
7336 posts
^huh?
03:30pm 22/05/10 Permalink
tequila
Brisbane, Queensland
7210 posts
I'll just pay them in instalments


so they should suffer for years because you cant f*****g man up and own your mistakes?
03:58pm 22/05/10 Permalink
hardware
Brisbane, Queensland
7337 posts
teq, the hypothetical merc driver's insurance company would provide a full fix pending their ability to ensure they will receive recompense (albeit over time) from matchfixer, in theory.
04:04pm 22/05/10 Permalink
Spook
Brisbane, Queensland
29198 posts
when my mate (a bus driver, lol) hit and wrote off a jag in his uninsured, unregistered leyland mariner, he got declared bankrupt and had to pay back the damages at something ridiculous like $10 a week
04:04pm 22/05/10 Permalink
tequila
Brisbane, Queensland
7211 posts
yer hardware, i know thats usually the case but what if he hits some kid in his skyline with only 3rd party insurance and writes off a 25k car which the other guy has a 100% loan for
that guy is stuck with no car, a loan that he has to pay off anyway and now lawyer fees to try and get his cash

I dunno what I'd do if i ended up in that situation (never gunna happen, I <3 insurance)
probably go around there at 2am and set fire to whatever looked reasonably expensive in his yard
04:09pm 22/05/10 Permalink
hardware
Brisbane, Queensland
7338 posts
Yeah i see what you're saying teq, and i too <3 insurance because i don't fail at life

when you say 3rd party, if you mean the skyline kid (hitee?) has 3rd party property insurance, then usually his company will go into bat for him and go searching up the hitter's ass with a flashlight, and also they will cover repairs on his car up to the value of $5k in the case that the hitter is uninsured, quite often

but if both parties are completely uninsured, i say they should both fight to the death and both die thus somewhat cleaning the gene pool of f*****g morons who think that its somehow okay to drive with 0 insurance

last edited by hardware at 16:25:17 22/May/10
04:24pm 22/05/10 Permalink
MatchFixah
Brisbane, Queensland
3040 posts
<3 insurance
I think insurance companies love you more.

Sheep.
06:29pm 22/05/10 Permalink
weedy
Melbourne, Victoria
172 posts
When they fix cars they do take their sweet time my gf had minor right front panel damage when an old lady t-boned her and her car was off the road for 3 weeks. So they probably did get a hire car for that long, we pay extra for a hire car though with RACV so we got a hire car for free although we did pay a little extra for full insurance on hire car unless someone hit that as well.

But how are they suing you for their negligence? if they were negligent and didnt want to pay extra for a hire car option with their insurer thats not your fault or anyone elses fault regardless if you hit them or not. Its not like you saw them driving down the road with a big sign saying "HEY IM A DIPS*** I DONT WANT A HIRE CAR OPTION" and then hit them deliberatly. What nonsense.

You should be talking to a soliciter especially if you have been sent a letter from another soliciter. Dont wait do it now, you need proper legal advice, if you win the greedy f*****s can pay for it.

These people sound like seriously greedy f****, what scumbags they are. I have personally been on the other shoe and i never would do what they have done to you.
06:47pm 22/05/10 Permalink
skythra
Brisbane, Queensland
2332 posts
teq, the hypothetical merc driver's insurance company would provide a full fix pending their ability to ensure they will receive recompense (albeit over time) from matchfixer, in theory.

Assuming of course, the hypothetical merc driver isn't another matchfixa with no - or only third party
06:54pm 22/05/10 Permalink
MatchFixah
Brisbane, Queensland
3045 posts
There's only one matchfixah baby. I never f***ed anybody over in my life didn't have it coming to them. You got that? All I have in this world is my balls and my word and I don't break them for no one. Do you understand? That piece of s*** up there, I never liked him, I never trusted him. For all I know he had me set up to get into that "accident". But that's history. I'm here, he's not. Do you wanna go on with me, you say it. You don't, then you make a move.
07:09pm 22/05/10 Permalink
tequila
Brisbane, Queensland
7212 posts
if you ran into me and didn't have insurance I'd sue you until you couldn't even wash your feet with a garden hose anymore
07:12pm 22/05/10 Permalink
MatchFixah
Brisbane, Queensland
3046 posts
Sue me then, they can cease my ugly set of couches and an xbox 360 (with RROD).

I know you're mum will still come back to me and get jiggy at the uni hand basins.

p.s. I'd gladly run into you whether i have insurance or not, munyak.
07:17pm 22/05/10 Permalink
tequila
Brisbane, Queensland
7216 posts
your masculinity is yet to be proven, mines well documented
I'd f*** your s*** up anyway, my bar work would crumple the f*** out of your s***box right up until the point your IED exploded

I'd win anyway because suicide == pussy way out
08:04pm 22/05/10 Permalink
Corrupt
Brisbane, Queensland
1510 posts
I would think that the car hire company would have to prove they had a booking, or lost a booking. Which i'm guessing they won't be able to.
08:39pm 22/05/10 Permalink
Persay
Brisbane, Queensland
6374 posts
i wish i could insure for life so everything was fixed price
11:07pm 22/05/10 Permalink
smart
Brisbane, Queensland
2739 posts
not a proper link its 2am ive had a gutfull so what!

http://www.youtube.com/watch?v=T0EHf5ce6ec&feature=related'

02:13am 23/05/10 Permalink
MatchFixah
Brisbane, Queensland
3052 posts
I'd win anyway because suicide == pussy way out
Your mum's pussy == on the way out.

Lots of wear and tear, i should know.
08:19am 23/05/10 Permalink
mooby
Brisbane, Queensland
5477 posts
havent read all the posts but... if you have insurance, its insurance company vs insurance company.

write them back a letter saying to deal only with your insurance company, and any other action corospondance you will regard as harrasment and take legal action against them.
02:03pm 23/05/10 Permalink
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