Car accident - no insurance

sexyxe · 18-04-2012, 10:19 PM

Hey all,

I was involved in a car accident in which I was not at fault. A fairly major one. I called up my insurance company today, to find out I'm not insured - I didn't pay my premium! Which I wasn't aware of. There is a story behind that, but that isn't the point.

The man which I collided with, is in a pretty critical state in hospital. I was fortunate enough to walk away completely unharmed, however, as I have written, the other member is pretty badly hurt.

Police reports have gone in, they are still conducting the investigation, however it is fairly obvious that I was not at fault. No need to describe the accident as it doesn't relate to the question.

The question is, since I am not able to contact the other member, I do not wish to call him whilst he is in hospital - from what I understand he has no family either - to get insurance details. Is there any other way to go about gathering insurance details to somehwhat get the ball rolling?

I don't want this to turn into an insurance debate. I genuinely believed I was insured, however due to some circumstances wasn't.

Thanks in advance.

Cúl-Báire · 18-04-2012, 10:33 PM

The fact that you weren't insured shouldn't really impact you as you were not at fault. The only problem will be you will have to spend your time, and funds chasing his insurance company who will make it tough toc get a penny out of, and they will try their best to pin the blame on you! I believe you can take the matter to small claims court to have a judgement made.

My ex girlfriend had a serious accident with a truck that was parked illegally a few years ago she was uninsured; after a few interviews with the police and not much else for a few months she got a bill for over 15k in damages from the other parties insurance company - some advise from a friend suggested that we get the police report.

The report found that my ex was not at fault, and infact the owner of the truck was at fault for parking illegally; it took a number of legal letters, but the truck owner's insurance company eventually concided defeat.

Persistance is key, get on top of them ASAP!

aussie muscle · 19-04-2012, 08:22 AM

Quote:

Originally Posted by Cúl-Báire

it took a number of legal letters, but the truck owner's insurance company eventually concided defeat.

sounds like getting a solicitor might be the easiest way forward.

Landau Stable · 18-04-2012, 10:33 PM

Surely the police could find out and give you the relevant paperwork to contact his insurer with? I believe on the RTA rego papers there is an insurer number, so should at least find out the company this way?

sexyxe · 18-04-2012, 10:36 PM

Thanks for the replies.

I have spoken with the police today, and they have given me the gentlemans address, full name and DOB. They aren't able to help with the insurance side of the house which is excpected.

GT0132 · 18-04-2012, 10:43 PM

Quote:

Originally Posted by sexyxe

Thanks for the replies.

I have spoken with the police today, and they have given me the gentlemans address, full name and DOB. They aren't able to help with the insurance side of the house which is excpected.

This situation amplifies the reasons why you NEED to have insurance, even if just 3rd party.

If insured, your insurance company will go into bat for you if you're not at fault. But if you have no cover you're pretty much stuffed as it is you who will need to prove fault in court and waste time and money to obtain damages.

I cannot underestimate the necessity to pay insurance ON TIME.

sexyxe · 18-04-2012, 10:49 PM

Quote:

Originally Posted by GT0132

This situation amplifies the reasons why you NEED to have insurance, even if just 3rd party.

If insured, your insurance company will go into bat for you if you're not at fault. But if you have no cover you're pretty much stuffed as it is you who will need to prove fault in court and waste time and money to obtain damages.

I cannot underestimate the necessity to pay insurance ON TIME.

I wasn't looking at turning this into a 'have or not have insurance' ***** fest.

I 'generally' pay for everything in full, one payment. Insurance was due in January, so its well to late for a 'late' payment.

The police have done all but assure me that I am not at fault and the witnesses at the time have also made statements saying the same.

I am just hoping to get some advice, potentially from someone who may have been in a similar situation previously.

LTDHO · 19-04-2012, 08:00 AM

Quote:

Originally Posted by sexyxe

I have spoken with the police today, and they have given me the gentlemans address, full name and DOB. They aren't able to help with the insurance side of the house which is excpected.

Strange that the police will flat out break the law like that.

Anyway, you're best bet is to call all the major insurers and see if he has a valid policy. They may lodge a claim for you, but it will not proceed until they have authority from the insured, unless of course he passes.

Blue Blooded · 19-04-2012, 08:25 AM

Quote:

Originally Posted by LTDHO

Strange that the police will flat out break the law like that.

Anyway, you're best bet is to call all the major insurers and see if he has a valid policy. They may lodge a claim for you, but it will not proceed until they have authority from the insured, unless of course he passes.

Why are they breaking the law? The infomation given can be learned from viewing his licence which you have every right to do after an accident. If the guy was injured and taken away in an ambulance why would be against the law for the cops to pass on the info?

ChRiDDa · 19-04-2012, 10:15 AM

Quote:

Originally Posted by LTDHO

Strange that the police will flat out break the law like that.

Anyway, you're best bet is to call all the major insurers and see if he has a valid policy. They may lodge a claim for you, but it will not proceed until they have authority from the insured, unless of course he passes.

it's not breaking the law - requirement of being involved in a vehicle accident, that you exchange details with the other party - failure to do so is an offence - like a dollar for everytime parties don't exchange details because they believe they are not at fault, so therefore aren't required..

Miss_XR6 · 19-04-2012, 10:22 AM

Quote:

Originally Posted by LTDHO

Strange that the police will flat out break the law like that.

Anyway, you're best bet is to call all the major insurers and see if he has a valid policy. They may lodge a claim for you, but it will not proceed until they have authority from the insured, unless of course he passes.

Police legally have to give all contact details when people are involved in car accidents for insurance and CTP policy claims

The police should know where the other mans car is as they would legally need to record the tow company and where it has gone to advise both parties

xisled · 19-04-2012, 10:49 AM

Quote:

Originally Posted by Miss_XR6

Police legally have to give all contact details when people are involved in car accidents for insurance and CTP policy claims

The police should know where the other mans car is as they would legally need to record the tow company and where it has gone to advise both parties

Police can not give out information without permission of the other party. They may have spoken to him and got that permission.

There is no point at this stage speaking to any insurance company. Unless the person has lodged a claim. The insurance will not help until they are contacted by the other person. You can not make a claim on somone else policy.

I would wait until they contact you or either get a solictor.

If you need any help PM me. I worked for AAMI claims for 5 years.

Most of the info in this post is kind of helpful.

ChRiDDa · 19-04-2012, 11:08 AM

Quote:

Originally Posted by xisled

Police can not give out information without permission of the other party. They may have spoken to him and got that permission.

police can exchange details with the other party, without consent, however its limited to name, carr rego and a contact telephone number - all other details must have the owners prior consent before releasing

superfly · 19-04-2012, 12:36 PM

Quote:

Originally Posted by jpd80

Mate, I feel for you so bad, I had a similar experience many years ago but in reverse,
I was hit by someone who thought they were insured but then found out the policy
had expired without renewal and because that person was unable to pay, I took
a hit on my no claim bonus but in any case I had my car repaired and back on the road.

Why did you have to take a hit on your no claim bonus? Wouldn't your insurance company just keep chasing the other people for the money?

Quote:

Originally Posted by GasOLane

CTP (Green Slip) covers people not cars. Some cover the driver, some don'tThe CTP with the rego is called Compulsory Third Party. The Insurance Co one you buy is Compulsory Third Party Property

Almost right. The third party you buy from an insurance company isn't compulsory and may be called Third Pary Insurance, Third Party Property Damage Insurance, Third Party Car Insurance etc.

My gripe is that they both contain the word Third Party. I understand why that is (as in both cases it covers a third party) but it still confuses the masses.

LTDHO · 19-04-2012, 12:29 PM

Quote:

Originally Posted by Blue Blooded

Why are they breaking the law? The infomation given can be learned from viewing his licence which you have every right to do after an accident. If the guy was injured and taken away in an ambulance why would be against the law for the cops to pass on the info?

Police still require the permission of the other party. As OP didn’t sight the licence, then they have no right to the information.

Quote:

Originally Posted by ChRiDDa

it's not breaking the law - requirement of being involved in a vehicle accident, that you exchange details with the other party - failure to do so is an offence - like a dollar for everytime parties don't exchange details because they believe they are not at fault, so therefore aren't required..

It is breaking the law. Anyone who has to learn the privacy act would know this.

Quote:

Originally Posted by Miss_XR6

Police legally have to give all contact details when people are involved in car accidents for insurance and CTP policy claims

Quote:

Originally Posted by Miss_XR6

The police should know where the other mans car is as they would legally need to record the tow company and where it has gone to advise both parties

Wrong, as above police are not and do not disclose this information. They certainly will not disclose it for insurance purposes.

Miss_XR6 · 19-04-2012, 12:53 PM

Quote:

Originally Posted by LTDHO

Police still require the permission of the other party. As OP didn’t sight the licence, then they have no right to the information.

It is breaking the law. Anyone who has to learn the privacy act would know this.

Wrong, as above police are not and do not disclose this information. They certainly will not disclose it for insurance purposes.

Police in NSW have the laws to give name, DOB, car rego, contact number and car insurance details if they got that as well if in car accident and either party is taken to hospital
This is not a breach of privacy laws if you want to argue this send me a PM and I can tell you more as I have a family full of cops

fat4D · 18-04-2012, 10:38 PM

had a simular thing a few years ago. i suggest pay your insurance (ASAP even if you have to borrow the money as it will be worth it in the long run) then call your insurance company with the receipt number on hand so your insurance is no longer expired then begin to process the claim, as your not at fault they should be more helpful with you again being a customer

Yellow_Festiva · 18-04-2012, 10:46 PM

Quote:

Originally Posted by fat4D

had a simular thing a few years ago. i suggest pay your insurance (ASAP even if you have to borrow the money as it will be worth it in the long run) then call your insurance company with the receipt number on hand so your insurance is no longer expired then begin to process the claim, as your not at fault they should be more helpful with you again being a customer

Isn't that fraud???

fat4D · 18-04-2012, 11:00 PM

Quote:

Originally Posted by Yellow_Festiva

Isn't that fraud???

as he is not at fault no. Basically the insurance company has only suspended his services, with paying his insurance they become valid again and as he isnt at fault it isnt goin to cost the company any thing.

Dash also has a good point

Smoke Pursuit · 18-04-2012, 10:53 PM

Do you have third party insurance??

E.g. did you pay your rego?

superfly · 18-04-2012, 11:02 PM

Quote:

Originally Posted by DASH GT

Do you have third party insurance??

E.g. did you pay your rego?

That doesn't matter in this case. The OP is not at fault but to get his own car fixed he needs to contact the other person's insurance company. Normally with full comprehensive insurance, your insurance company does the chasing.

And the third party insurance on your rego only covers people you hit not their car, property etc.

Smoke Pursuit · 18-04-2012, 11:03 PM

Quote:

Originally Posted by superfly

That doesn't matter in this case. The OP is not at fault but to get his own car fixed he needs to contact the other person's insurance company. Normally with full comprehensive insurance, your insurance company does the chasing.

And the third party insurance on your rego only covers people you hit not their car, property etc.

Yes I know that but as he is not at fault will they possibly help?

**Professor Farnsworth** · 18-04-2012, 11:08 PM

Quote:

Originally Posted by DASH GT

Yes I know that but as he is not at fault will they possibly help?

with injury yes as stated, not the cars involved

Kryton · 18-04-2012, 11:09 PM

Quote:

Originally Posted by DASH GT

Yes I know that but as he is not at fault will they possibly help?

No.
They wont help one bit.

superfly · 18-04-2012, 11:25 PM

Quote:

Originally Posted by DASH GT

Yes I know that but as he is not at fault will they possibly help?

No, it would be the 'at faults' person's CTP that would help him but then only with personal injuries. Nothing to do with the car.

I hate it how they call it CTP on the rego as it's totally different to the third party insurance we buy from an insurance company.

FPV091 · 18-04-2012, 10:57 PM

The cheapest option is to wait for the man to recover (if you can wait, etc) and see if he lodges a claim on his policy to cover his own damages. That way, if he's kind enough to pass on the claim number you'll be able to claim as the third party, but again, you'll have to be mindful of his condition and whether he gives you this information.

OR, you can send a statement of claim to him personally, he will then forward that to his insurance and they will have to pay, given the police report supports your case otherwise he can choose to ignore it and then you'll have to summon him and prove the damages in court, which could be costly.

sexyxe · 18-04-2012, 11:00 PM

Quote:

Originally Posted by FPV091

The cheapest option is to wait for the man to recover (if you can wait, etc) and see if he lodges a claim on his policy to cover his own damages. That way, if he's kind enough to pass on the claim number you'll be able to claim as the third party, but again, you'll have to be mindful of his condition and whether he gives you this information.

OR, you can send a statement of claim to him personally, he will then forward that to his insurance and they will have to pay, given the police report supports your case otherwise he can choose to ignore it and then you'll have to summon him and prove the damages in court, which could be costly.

Thanks, that sounds more like law than opinion. Cheers

Yeah, vehicle was registered - CTP is part of that. Vehicle is/was roadworthy too.

I have a bit of money, not a lot, so having to go to court etc etc whilst being a PITA, wouldn't be too deep for my pockets *hopefully*.

jpd80 · 19-04-2012, 06:32 AM

Quote:

Originally Posted by sexyxe

Thanks, that sounds more like law than opinion. Cheers

Yeah, vehicle was registered - CTP is part of that. Vehicle is/was roadworthy too.

I have a bit of money, not a lot, so having to go to court etc etc whilst being a PITA, wouldn't be too deep for my pockets *hopefully*.

Mate, I feel for you so bad, I had a similar experience many years ago but in reverse,
I was hit by someone who thought they were insured but then found out the policy
had expired without renewal and because that person was unable to pay, I took
a hit on my no claim bonus but in any case I had my car repaired and back on the road.

Unfortunately for you, not having an insurer in your corner will hold things up...

I hope all goes well for you, maybe there's a way of doing an insurance search to
find out whether the other party's car is encumbered or not and by that the insurer..
Maybe start with the vehicle registration number and work backwards?

Smoke Pursuit · 18-04-2012, 11:01 PM

Talk to your CTP insurer! They may lodge a claim against him for you as he was at fault. I'm no insurance guru but its worth a call (will be on the back of your insurance bill who your insured with).

**Professor Farnsworth** · 18-04-2012, 11:07 PM

all i'll say is

you better hope he was insured!