Small Claims - worth it?

[Sciflyer]

Did a quick search for this but figure its worth posting anyway, a few weeks ago my car got raped by a drunk driver (SoR, my mistake for venturing there haha)
My insurance will cover the damage, thats being resolved, but estimate i will still be out of pocket over a grand thanks to this fucking bitch due to having to hire a car to get to work, and various other expenses (and this is assuming the repairs dont drag on)

Given that her insurance is null and void due to her being pissed as a fart, i would really like to lodge a claim against her directly for the massive fuckaround and general inconvenience this has caused me.

Im trying to work out however, if the total claim is under say $1500, is it worth the hassle or would i be better off just copping it?

[karnage]

Does your comprehensive insurance come with some sort of car hire as I know commonly do?

Does the offender even have any money to pursue through small claims court? Ie. Professional centrelink bludger with no assets or savings.

Is her car fucked too haha

[XsQuiZiT]

I'm not sure whether this is correct or not but if your insurance is handling the claim, I'd pass the hire car expenses to them and let them chase her up for it.

When I was left without a vehicle, panelbeater suggested I get in contact with http://acornrentals.com.au/car-accident-perth/. I queried RAC before going ahead but they approved it without any issues.


If you were not at fault in the car accident, the at-fault party is legally responsible for covering the costs of repairing your car and also the cost of a rental car while yours is off the road.

I just gave Acorn the claim number, I got a rental car and they sorted the rest out with insurance/at fault party.

[Sciflyer]

Tried all my avenues for temporary car or recovering costs for such, neither Shannons, Lexus or any 3rd party hirer wants to know if they cant claim off the at-fault person's insurance (which they cant because drunk= no insurance)

The best Shannons would do for me was a hire car discount, which is pretty fucked imo!

It might pay for those who think they have hire car cover to check this btw!

[Macca]

I thought if you provided the offending persons details (does not matter if they have insurance or not) then this is classed as a not at fault claim and they will go after the offender to recover costs. This is how i claimed with Shannons when the wifes car got hit years ago and everything was covered.

[Sciflyer]

Well yes they are doing exactly that to recover their costs for my car, but that was as far as they were willing to go. It is a not-at-fault claim, im not paying any excess on this.

[_S9_]

Tneither Shannons, Lexus or any 3rd party hirer wants to know if they cant claim off the at-fault person's insurance (which they cant because drunk= no insurance)
The other driver has a policy - therefore you should be able to claim against it.

The fact that the policy will not cover her as she was pissed should be something her insurer should handle, right? Recovering their costs from her outside of the policy.
The drink driving has to be proved in court anyway? In the meantime she's "covered" under policy.

Or am i too optimistic?

[Sciflyer]

No, the whole point of insurance is it pays instead of you paying if you fuck up. If you fuck up *and* you were drunk (and she has already been charged with being 5 times over the limit, not sure how she's going to get out of that...) then you automatically have no insurance, therefore the innocent party (ie, me) cannot claim against it.

She is personally liable for all damages, which means she has to be pursued for the $$$, hence the point of this thread.

Its true that Shannons may try to recover some of the costs of fixing my car by doing the above, but thats as far as they are likely to go, i dont think they will want to chase her for any other costs incurred by me that arent specifically covered in my policy.

[Brett_J]

I'm not having a go here, But didn't you read your policy on what it will cover outside of normal damages like car hire etc?
That's one of the things I factor in before I insure my car, that and what other extra's are covered, most insurers have it listed on your policy in plain sight.

[zxz]

hire car is an option on most policies
as you dont have it either way, you can try to claim through the courts, but take into consideration that she will have your insurance co's lawyers chasing her for their share, so she proly wont have much to throw your way even if you do win... unless $10 pw seems like a good payback rate

id cop it, and take it as a lesson that unless you have a second car to use, then a hire car option on your policy is a good way to go

[Brett_J]

Usually it's a paid for option if your car is stolen, otherwise it's usually a reduced cost hire or similar, I think I had to choose it as an extra on mine.
Didn't even think to try scam more cash out of the other party as it was their fault for other costs.

[Sciflyer]

I'm not having a go here, But didn't you read your policy on what it will cover outside of normal damages like car hire etc?
That's one of the things I factor in before I insure my car, that and what other extra's are covered, most insurers have it listed on your policy in plain sight.

Shannons do cover these costs, but only where the vehicle has been stolen. i accept that I should have double-checked that caveat but to be fair I also wouldn't have known any of my other options would be no-go solely because my accident involved a drunk driver. Also in my defense I generally have access to other vehicles either my own or through family/friends, it just turned out to be bad timing that those options weren't available.

Btw, she is apparently FIFO so not exactly on the dole (though no doubt she will be when her employer finds out)

[Brett_J]

Shannons do cover these costs, but only where the vehicle has been stolen. i accept that I should have double-checked that caveat but to be fair I wouldn't have known any of my other options would be no-go also solely because my accident involved a drunk driver. It's not exactly something I (or I guess most people) would pay close attention to given the likelihood of it actually happening. Lesson learned I guess.

Btw, she is apparently FIFO so not exactly on the dole (though no doubt she will be when her employer finds out)

She sounds like one of these shit pingpingpingpings that will get away with being shit, did you get her name?

[Sciflyer]

Yep got her details, know where she lives, etc.

[Brett_J]

Yep got her details, know where she lives, etc.

Guess it becomes a case of how much you'd get back through court after costs vs how much you've spent extra and would do in pursuing it.
I'd get BLAA onto the case, he'd throw poo at her for you for a few cans on Boong Eggs :)

[-Luke-]

Yep got her details, know where she lives, etc.

Go around to her place and tea bag her...um I mean gearbox her.

[ossie_21]

something something goats

profit?

[Sciflyer]

couple of months ago i couldve gearboxed her

current gearbox stocks are low however

[Douche Bag]

If she has money go for it.
If she doesn't, don't waste your time unless you just want the feel good factor. (Court costs $80ish iirc)
I did the latter, haven't got a cent.

[MRO]

The other driver has a policy - therefore you should be able to claim against it.

The fact that the policy will not cover her as she was pissed should be something her insurer should handle, right? Recovering their costs from her outside of the policy.
The drink driving has to be proved in court anyway? In the meantime she's "covered" under policy.

Or am i too optimistic?

Too optimistic.

You have no right or access to anything to do with her insurance. That is between her and her insurance company which have declined for obvious reasons.



That is a shit situation Sciflyer -i wouldnt bother taking her to court. I would push your own insurance company for a better deal.

[Sciflyer]

Well just had to give Shannons a big serve as the useless fucks have had the car for almost 3 weeks and have sat on my repairers quote because they didnt like the cost.

Funny how shit suddenly seems to happen after you do that... but, i will now add the cost of my Racewars entry to my claim against Ms DUI as it is unlikely i will make it now :(

[The_Senator]

Wow - I am surprised about hearing shannons sitting on a quote due to price..

I've been with them for 10 years, and the 3 times I have used them they have been prompt and very good to deal with.. And I surely did not go with the "quickest and cheapest" quotes either. VPP in Cannington was my prefered repairer and not one qualm..

[Sciflyer]

Repairers quote came to $28k - not shy!

[huggy_b]

Repairers quote came to $28k - not shy!



How is that not a write off?

[Sciflyer]

car is worth $80k (realistically $70k)

quote is loaded up a bit too... one replacement 19" wheel - $7k thankyouverymuch

[1JZNOSHIT]

Hold up, Shannons are useless fucks because they don't like the repairers quote due to the high cost, yet you have suggested the quote has been "loaded up a bit"....

Makes sense for Shannons to look over it then huh?


Well just had to give Shannons a big serve as the useless fucks have had the car for almost 3 weeks and have sat on my repairers quote because they didnt like the cost.

Funny how shit suddenly seems to happen after you do that... but, i will now add the cost of my Racewars entry to my claim against Ms DUI as it is unlikely i will make it now :(


car is worth $80k (realistically $70k)

quote is loaded up a bit too... one replacement 19" wheel - $7k thankyouverymuch

[Macca]

Dont think OP realises some ppl on here work for said company

[Sciflyer]

Hold up, Shannons are useless fucks because they don't like the repairers quote due to the high cost, yet you have suggested the quote has been "loaded up a bit"....

Makes sense for Shannons to look over it then huh?

Should not take 3 weeks for them to work this out. It took me all of 10 seconds.
And then lie to me when i ring that the final assessment will come through "in the next day or two".
And then when i ring a second time admit well no the car actually cant be assessed for *another* 2 weeks because the assessor they sub contract is "busy"
ANd then when i fire a rocket up their arse suddenly the car is being assessed tomorrow and repairs started straight away...


Dont think OP realises some ppl on here work for said company

OP is well aware ppl from Shannons are on here, ive contacted them for quotes in the past :)

Anyway this is outside the point of the thread.

[_S9_]

Had the exact same 4 issues with them when I made a claim.

[Baron]

Have you tried just asking her to contribute towards it? Even trying to get back $100/fortnight if we're only talking a small amount of money might be preferable to trying court. At the end of the day, it's going to cost you time and money (or at least some holiday time) to attend. On the other hand, if she isn't skint, she might be able to come to a payment plan with you.

[Trolley]

What's wrong with over-insuring your vehicle and/or modifications to it? If the insurance company is willing to insure the risk and you're forking out the amount they're asking to do so, what's the problem?