Need Advice Regarding Insurance Company Chasing Me For Money

[sky017]

hey guys ,

I came home the other day to possibly open the worst letter of my life . To the best part of almost a year ago , i purchased another R33 to build on , 2 days after i got it i went down the road to get a few things and on the way back i happened to hit the back of an Aston martin . it was a small nudge , i wasn't going more then 40 kms and when i happened to look up he braked , so i had 2 car lengths to slam the breaks on . My car had minor damage , which was my fiberglass front bar had a crack in it and came loose (nothing major i couldn't fix) . The back of his car had a small dent and a few scratches , mind you visually it looked like nothing . I hadn't put insurance on the car as i only just got it , yes big mistake. Never the less i gave him my details , told him i had no insurance and he said he was going over seas and he would be in contact in 2 weeks.

I never heard anything back from him , and i was awaiting contact to sort it out . After a few months i thought obviously he was better off then i am and got it sorted himself . Obviously this wasn't the case when i opened a letter saying i owe over 9 grand in damages to him . As furious as i was, i was outraged with what i was reading . I have shown a few people and it just doesn't add up . I have called up the insurance company and lodged a dispute against it . I mean its a little suss i only hear from the company a little 45 weeks later , with no 3 initial quotes , just a quotation of all the things they have changed and repaired. Mind you I'm NO idiot and i can see i am being taken for a ride with this , such things like :

- boot linings replaced

- oil top ups

- dealer transportation

- side reflectors changed

- mufflers

- tail lights

- battery

The list goes on , from new bumpers / defusers to trans cooler , Basically a whole load of things which i believe were just added on to hike the bill . As i initially said it was merely a nudge , i still cant get my neck around this , i feel as though he has reversed into something or someones done a hit and run and hes basically back dated it to me . Also they listed that i hit the tail lights , mind you my lowered skylines height barely made it to the height of his rego plate , things like this are what makes me think otherwise because i know it was physically impossible to hit .Its shown the car was fixed 5 - 6 weeks after the date of the accident on the quote , but still i wasn't contacted with quotes and questioning from his insurance company. Myself and a few others have all agreed there are many discrepancies in their paperwork , only a few parts to be listed among other things from the location being wrong to stating damage to tail lights

Any help would be gladly appreciated , or anyone i could contact in regards to supporting me through this absurd ordeal . All comments appreciated as I'm going to fight this and as mentioned if anyone has any legal knowledge about any of this or if they have no leg to stand on against me id like to know as much as possible.

Thanks Guys

[oweban]

Did you take pictures?

By all means, oil top ups is bullshit, but if you took pictures showing that no damage to tail lights, then you've got proof.

With a camera in nigh-on every phone, there's almost no excuse not to extensively document anything that happens. Not trying to be an arsehole here, just hoping you covered yourself.

[sky017]

Unfortunetly i didnt take any photos , ironically my phone was dead when this happened , nor did he take any photos of my car , he was just in a rush to go . which brings up the fact , the police werent called to document on such damage over 10 grand .

[Frosty]

def falsafied and you should contest this hard....45weeks to respond without proof of quotes etc is a load not to mention that this is highly likely to get thrown out of court straight away (which is in your favour) but take it there if you need too...

also to mention no cop records again works in your favour

there are people you can contact and get free advice like claims tribunal and that jazz that will help you

[djvoodoo]

Man that sux Nathan.

Unfortunately for you, I'm guessing he is a "High roller" which means he has money to burn.... and will have a good traffic lawyer if he takes you to court, which he probably will if you dispute his claim

[sky017]

Thanks for your responce frosty ,

I will definitly be giving them a call and explaining my situation to see what direction i walk in , but the more i read into it and think about it, 45 weeks is just absurd to try and hit an individual up for over 10 grand . Maybe 3 - 4 weeks after the accident with supporting evidence and 3 quotes , then yeah i guess im stuck , but as said if i had to take it to court i will because i wont be forking out 10 grand after all the discrepancies in their paper work . Also , a friend of a friend has told me the company in which he got his car fixed at is notoriously know for doing the dirty on prestige car owners as far as taking people for a ride , wont name any names .

Again thanks guys

[sky017]

Man that sux Nathan.

Unfortunately for you, I'm guessing he is a "High roller" which means he has money to burn.... and will have a good traffic lawyer if he takes you to court, which he probably will if you dispute his claim

i honestly think he has nothing to do with it , its just his insurance company , i reckon he couldnt give a crap about any of it now , because he had it fixed almost 10 months ago . why would you care if your cars fixed

[T4NK]

lol no pics from either of u, or copy of licence? dispute/ say it wasnt you.

[sky017]

haha i wish it was that easy , but i gave him my details on the scene . never the less i was trying to be a good boy about it

[Duncan]

a first discussion with the insurance company may be to tell them you have 0 money/are in debt and will go bankrupt. If the claim is fake or trumped up to make money they will drop it there because there is no chance of recovering anything of value.

alternatively, check the traffic lawyer thread and get some help.....but even when you are in the right, everyone looses once lawyers are involved....they are damn expensive

[sky017]

they were actually my first words 'bankrupt' as im not working right now , so if it comes to it i will be saying that . id hope to think i have a good case against them especially with no 3 quotes , 45 weeks until contact , but as youve said they arent cheap

[GTR32G]

If the other person has gone through their own insurance pending on what company that is with example Shannon’s would only require 1 quote.

You don’t have chance to view the quotes before it gets repaired that’s what assessor are for, and would be required to take images so you can request them from the insurance company.

The reason you didn’t get the bill from the insurance company sooner would come down to when the smash repair finally sent in their invoice in for payment, so if its 2 weeks to 12 months does not matter.

In regards to tail light being damaged if the beaver panel was damaged there could be a chance the tail light had the mounting lugs cracked on the back which would not be visible till it was pulled down for repairs

[xntrq]

I don't see how the following would result from a rear ender:

- boot linings replaced - Are Martin boot trims made of marble as well? Cause I remember they would take a mad effed up hit to the chassis, like a semi to crush the rear to actually crush the trims

- oil top ups - Thought this would have to be a front ender really cause any damages to any lines, likewise with rear, must be hell of a crush

- dealer transportation - Why? Since when does dealer do smash repairs?

- side reflectors changed - its a rear ender, shockwave must have done some damage to the side

- mufflers - possibility, but would still have to be a mad hit to push the rear bar in and damage the muffler

- tail lights - posibility from a slight nudge, but the nudge would have to be hard enough to leave a dent in the rear bar

- battery - you hit the rear bar, pushed up the tail lights, cracked them and it shorted the battery. Front or rear, IF the crash had enough impact force to damage the battery, car should be written off anyway.

And if you haven't noticed, that's the entire list you put there.

Grab every single listed item, and unjustify every single point there is.

- Do some research on the Martin you hit, find out where the battery locations are, the rear boot trims

- Location of the muffler/how long it pokes out of the rear bar (if it sticks out too much then possibly throw in ADR rules and say that's defectable)

- Go to the guys house or contact him and arrange a meeting with him to see the repairs and whats been replaced, take photos

- Insurance might not disclose but ask them where the repairs was done, if they have any photos of repairs before and after the accident

- Ask them to justify their repairs and provide a written letter to justify what has been done

It may or may not be in lines with insurance policies and how they work, but you're still entitled to rant about what I've listed and try push a response.

If internal complaint is no go, go FSO and tell them to justify the costs.

Is your car repaired? If not take a photo of that and show them the damage caused to your car. I hit a taxi and my front end was raped to the days but taxi was fine. He tried to pin it on me as well but I turned it around.

[ianjb]

GTR32G is basically right.

They don't have to show you quotes if done through insurance. Unfortunately, you're only argument is that "The bill is too much and you want it reduced". Proving the battery isn't even in the boot should basically give reasonable doubt to the bill. Then try and get things removed from their.

ON another note, someone mentioned bankruptcy... NEVER EVER think of doing this. If f**ks you for 8 years royally. They will remove any existing credit, and then you stand little to no chance of getting it again for at least 8 years, very possibly even longer. (that's credit cards, debit cards, home loans, personal loans, 'buy now pay later' finance, phone plans, EVERYTHING becomes a major pain in the arse)

[dasic1]

And they can reposes things like cars ect that are in your name if you file for bankruptcy

[Shazbanger]

And they can reposes things like cars ect that are in your name if you file for bankruptcy

Only if the value is over $7200.00.

[sky017]

yeah wouldnt be doing that , but i would be telling them that just to see what they say . At the end of the day i am willing to pay a small amount of that bill to what i know i caused , but in regards to paying all of it , i will fight the best i can . I have contacted the traffic lawyer on the forum to get some legal information .

Some of the more serious responces here may be true with the time frame being irrelevant - but as mentioned whats not to say he has done damage to his car or a hit and run , and is blatantly trying to put it onto me , there are just too many discrepancies throughout their claims which make me think otherwise . and despite whats been said here , i feel i should of been contacted from his insurance some time last year near the incident .

[GTR-N1]

...but as mentioned whats not to say he has done damage to his car or a hit and run , and is blatantly trying to put it onto me , there are just too many discrepancies throughout their claims which make me think otherwise . and despite whats been said here , i feel i should of been contacted from his insurance some time last year near the incident .

I do believe that yes, there should be a time limit via which...

a) a claim must be put into the system

b) all photos should be taken and filed within an extension of that time - and that this time should also be finite

c) all parties be notified monthly

...but alas, we have an imperfect system.

I do hope your powers of negotiation are successful (and keep your cards close to your chest) > the other party then has to weigh up...

i) do I accept the amount on the table or

ii) risk getting nothing if he goes belly up or

iii) negotiate further to see how much this Nathan guy has

[sky017]

Well as you've mentioned they will only get so much out of me , and as i have said i will agree to pay a small fraction of their costs , but never the less with their participation in keeping good communication about all this i will be holding that against them along with my theories about being taken for a ride with what damage i caused and what damage he claimed, because i strongly believe they are two different things .

Again, thanks to everyone who has put input into this , i really appreciate it

[sydking]

My idiot mate was done DUI high rage after crashing into a parked cab.

1 years later the insurance company is asking for $12k for repairs to the cab….. the repairs report was not even on the same side he scraped the cab. And it was said the cab at the time was about to be a right off anyway as it was not road worthy. That aside his still a idiot but…..

In the last few months his had 3 insurance companies trying to contact him, Via work, his golf club and his parents home.

The company's just keep on selling on the debt. After a certain time the case becomes void. According to his lawyer anyway. although my friends wants to pay just to get it over and done with his lawyer ensures him to keep avoiding it, essentially the cab company is just trying to get more money…But none the less…..

I say seek some real legal advice mate!