Car insurance problems

[GingerMidget]

So Sunday night I was heading home from work and ran in to some trouble at one of the roundabouts near chch airport. Someone in a small 4wd pulled out in front of me and I braked, thinking nothing because there was no collision suddenly my cars stopped and then another 4wd has slammed in to the back of me.

They were towing with a long steel cable and no lights on the towed vehicle. The driver of the towing vehicle has said 'I didn't see your indicator'

The back end of my car is pretty toasted and the front bumper and kit is destroyed. They are refusing to make a claim on their insurance and as the car belongs to my ex, he only had third party on it. I'm off work for a few days due to whiplash and I won't be paid for it.

I have no idea what to do and it's stressing me out a little. My car is a 2001 Subaru impreza. They were both in mid 90's Isuzu mu things. No damage to them that I could see.

[nodrog]

... the car belongs to my ex....

give it back to him then, and let him sort it out with his insurance company.

[GingerMidget]

I need it to get to work. I spent half an hour on the phone with the insurance company once everything was entered they found an exclusion on people under 30. Urgh.

I guess this is going through the courts.

[Akzle]

I have no idea what to do and it's stressing me out a little. My car is a 2001 Subaru impreza. They were both in mid 90's Isuzu mu things. No damage to them that I could see.

failing to stop short is failing to stop short is failing to stop short.

and it's illegal and shit.

i suggest you go and get some men to go and have a polite conversation with the owners of any vehicle that touched yours.

failing that burn them. burn them all.
http://oi58.tinypic.com/2la3nky.jpg

[5ive]

At least you didn't get hit by a parked vehicle, that would be worse.

[TheDemonLord]

Get the car assessed for a Quote by 3 panel beaters.
Contact the person who hit you and give them the Quote.
Remind them that they hit into the back of you, therefore it is their fault.
If they refuse, Remind them that you are aware of your rights and will submit a case to the Disputes tribunal.
Also remind them that if you do submit a claim to the Tribunal, you will include consequential losses (such as lost earnings etc.)
If they still refuse, Log it to the Tribunal and have your day in court.

[imdying]

You need to have the car assessed. Once you've done that, present that quote to the other party. If they refuse to pay for it, you'll need to have it fixed at your cost, and then once you have the invoice from the panel beater you can take that to the Disputes Tribunal. Easy as that.

[SVboy]

And, because it is an accident that has caused injury, report it to the police, and get a case number from them, to support your claim, If no joy, Disputes tribunal.

[Paul in NZ]

aaaand yes I'm sorry - nothing goes fast in this type of incident and good luck getting the $$ if they don't have any...

[Edbear]

Go straight to the Police and make a statement including the whiplash. Go to your Doc and get referred to ACC. Ask the Police to follow up with your statement, they will contact the offender. They take injury accidents seriously.

Don't ignore the whiplash.

[GingerMidget]

I've been to the doctor and been diagnosed with whiplash. On that note, who wants to buy my bike? It's in Wellington and yes I'm serious about selling this time.

[Shaun Harris]

So Sunday night I was heading home from work and ran in to some trouble at one of the roundabouts near chch airport. Someone in a small 4wd pulled out in front of me and I braked, thinking nothing because there was no collision suddenly my cars stopped and then another 4wd has slammed in to the back of me.

They were towing with a long steel cable and no lights on the towed vehicle. The driver of the towing vehicle has said 'I didn't see your indicator'

The back end of my car is pretty toasted and the front bumper and kit is destroyed. They are refusing to make a claim on their insurance and as the car belongs to my ex, he only had third party on it. I'm off work for a few days due to whiplash and I won't be paid for it.

I have no idea what to do and it's stressing me out a little. My car is a 2001 Subaru impreza. They were both in mid 90's Isuzu mu things. No damage to them that I could see.




Have you reported it to the police due to your INJURY??

[haydes55]

All of the advice above is very sound, even akzels.

Regardless of whether you're insured for the car or not, the other vehicle HAS to pay the damages THEY caused. Because you're not fully insured (or at all) in the car, the insurance company won't be chasing them up for the payment... It doesn't mean you won't get the payment to fix the damages, it just means you have to chase it up.

Injury crashes have to be reported to the police within 24 hours, even going into a police station works. Make a statement. You won't need a witness, your car got hit from behind, there's no faking that.

Don't agree to any less than full repair/payment from them, their insurance, or anyone else. They owe you 100% of the repair, not 100% less any excess they incur, not 50% because you didn't indicate (or any other excuse).

The police should help, they should charge the driver (dangerous driving as well if it caused injury?).

[R650R]

I need it to get to work. I spent half an hour on the phone with the insurance company once everything was entered they found an exclusion on people under 30. Urgh.

I guess this is going through the courts.

Its not your fight other than your time off work due to injury which a someone here says means you need to instigate a civil case against them, they will very quickly remember who their insurance company is then.

As for the car that's your ex's headache and the insurance is invalid on you as he obviously has a younger drivers exclusion.

Back toy our case I'd contact local traffic cops, pretty sure its technically illegal to be towing any car these days with anything except a rigid a-frame setup. A blind eye is turned to using a rope to briefly move someone to position of safety etc.

[imdying]

Towing is still legal AFAIK, 50km/h max with a rope, 90 with a rigid towing system (like an A frame).

http://www.nzta.govt.nz/resources/roadcode/about-driving/towing/
(last two bullet points)

/edit: And a motorcycle up to 30km/h!

[Bikemad]

did you not call the police at the time?
how did your front bumper suffer damage if you were hit from behind.......were you propelled into the car you stopped for?

[GingerMidget]

The steel cable they were using caught the front of my car. It was dark and it's not a great roundabout

[Bikemad]

so you drove into or came to a stop in the gap between the tow car and what was being towed?

[GingerMidget]

I drove in to it and it stopped me. I was 3/4s through when the lead vehicle pulled out and the towed vehicle had no lights on or any way to identify the cable.

[Laava]

Hate to say it but you needed to call the cops then. There is no point doing it now, you are going to small claims as only option.
What is the car worth? A couple of grand for a std imprezza? Is it worth fixing even?

[Bikemad]

is your car warranted and registered?........why didn't you call the police at the time?

[GingerMidget]

5-6k. The police were called but were busy with the motorcyclist was killed close by. Apparently they had a lot going on so it wasn't a priority

[mossy1200]

Injury accident involving police report will include summery that states party at fault.
Failing to provide insurance details is also a no-no event.

[Oakie]

Why won't you be paid for being off work?

[AllanB]

Fucking Christchurch roundabouts - arses have no idea how to drive those dual lane ones. They suck arse and give me the shits.

[GingerMidget]

Oakie I started my current job in May. I haven't got any leave or sick pay and acc don't cover the first week of any injury. I'm going to be a bit broke but I'll survive.

[BMWST?]

i f n hate people who dont take responsibility for their actions.refusing to make a calim on thier insurance does not absolve them of the the fact that they caused an accident,must have been a long tow rope for you to consider going between them!

[Edbear]

Oakie I started my current job in May. I haven't got any leave or sick pay and acc don't cover the first week of any injury. I'm going to be a bit broke but I'll survive.

On an ACC claim your boss is obligated to pay the first week and they are not allowed to use your annual leave or sick days to do so.

Have you made your statement to the Police ?

[Edbear]

You must register your injury with ACC through your Doc as if anything happens in the future and they find an historical injury that could be related but was unreported it will affect your claim.

[Oakie]

Oakie I started my current job in May. I haven't got any leave or sick pay and acc don't cover the first week of any injury. I'm going to be a bit broke but I'll survive.
i
That's tough luck. You probably have a couple of days annual leave owing you could use in lieu of sick leave depending on how many days a week you work ... and of course if your employer does annual leave on an accrual basis.

[Oakie]

On an ACC claim your boss is obligated to pay the first week and they are not allowed to use your annual leave or sick days to do so. Nah. That's only for a work related accident. This was non work related so she's on her own for the day of the accident and following 6 days.

[Edbear]

Nah. That's only for a work related accident. This was non work related so you're own your own for the day of the accident and following 6 days.

I stand corrected. I was recalling the fight my wife had with her previous employer, forgot that one argument was whether it was work related. It was, but her boss refused to pay her.

[jonnyk5614]

/edit: And a motorcycle up to 30km/h!

Been there, done it. Most terrifying thing ever!!! Trust me, you don't want to go over 30kph. And you want a radio to the car driver (I had my helmet bluetooth and my sister had her phone plugged into the car stereo).

Doable though!

[jonnyk5614]

Go to police station, make report of injury. Do you have photos of the scene?

Tow line can't be more than 4m and it must be lit by the following vehicle's headlights.