Help - innocent party in a car accident

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shazzie10, Mar 28, 12:10am
Someone crashed into my car on Tuesday due to sunstrike. I tooted too late but that's another story.They were good and organised AA quickly with claim process. The problem is that I have just been told that they won't repair my 1999 Toyota Marino as it's not worth it. It has done 155,000 kms and it could carry on for a good year without any problems. It's at Turner's car for valuation right now. My issue is, I am the innocent party, being a single mum, don't have the finances to buy another car unless they give me at least $3,000, which I am not confident about. Where do I stand! I am not insured (not through deliberate choice). Thanks.

bjmh, Mar 28, 12:27am
where do you stand.at the mercy of the insurance company.

curlcrown, Mar 28, 12:28am
Wait to see what they are going to give you for it. You could be worrying for nothing. If you feel the offer is too low you can get a dealer to give you a written valuation of the car in good condition.

mrfxit, Mar 28, 12:51am
THAT ^ ^yep
3 independent quotes can be done even while the insurance is doing their bit.

lookoutas, Mar 28, 4:43am
Being that you are the innocent party, they generally need to look after you.
Sometimes they will pay over the allowable cost to repair your car, or you may be able to agree on the value of replacing with the same.

One option that works, is to ring/annoy someone every day.

jahemian, Mar 28, 4:53am
Hmm. AA do an agreed value of the car. Surely that's for the other party too! It's not fair that THEY right your car off and they won't fix it.

supernova2, Mar 28, 5:59am
I might be wrong but its your car so you have the right to insist it be repaired if it can be.The at fault party has to make good the damage they caused.If they want their insurance to help them do that well that is nothing to do with you.Stick to your guns.Who took it to turners!Its your property so YOU have the right to have it valued wherever you like also you have the right to select your own repairer.

fordcrzy, Mar 28, 6:04am
turners will quote bottom dollar wholesale value. it really ***** me off when you get insured for "market value" which to me means whattcosts to replace at a retail level. not bottom dollar trade in wholesale value. start trolling trademe and printing out the listings of cars similar to yours so you have something to go on.

kenw1, Mar 28, 7:04am
Make sure the police have an accident report filed.

chevcamaro, Mar 28, 7:19am
you have played into there hands by releasing the vehicle to go to turners, act quickly or you aregoing to lose your car. sign nothing or if you already have you've been screwed, sorry but a fact of life

neville48, Mar 28, 10:33am
That car was worth 4-5k if in good nik so go for a replacement car or value, you tell them or they will tell you.Get help even if its just support at the argument but dont let them tell you.

shazzie10, Mar 29, 8:10pm
Thanks everyone for your help. It is much appreciated.My car was taken away (it had to be towed away) to the repairers. That was my understanding when I released the car.It never occurred to me that they were going to write it off and take it to Turners.Someone had suggested that I get them to return the car back home. Thanks for the great suggestions on the direction I can take. I will wait for the phone call on Tuesday and see where I go from there.Happy Easter to all.

kcc55a, Mar 29, 8:37pm
If you get 3 value estimates based on the condition before the crash the other party's insurance will have to come close to that or you will be able to take them to the Disputes Ttribunal where the valuations you have got will be taken into account. You are a bit lucky that the other party had insurance or you would be facing all sorts of problems and be without a vehicle for several weeks.

average2poor, Mar 29, 11:30pm
Hi Shazzie. I think you may have a couple of options here.

As others have said, you can get more valuations and compare them to the insurance companies valuations although you may have to pay for these. Also keep in mind that AA's valuation is independent therefore all valuations are likely going to be pretty similar.

The other option you may have is to ask AA for a cash settlement on the valuation price (usually they would deduct the likely wreck value too). So for example, if the valuation came in at $2000 and AA expected to get $300 back for the wreck, they may pay out $1700 and let you keep the car. Of course, you'd have to put this towards repairs and would have more to pay but at least you would get to keep the car.

Unfortunately this is the risk you take in not insuring your car, but there are options. Good luck.

rotoiti, Mar 30, 2:37am
I'm in the same boat too - except the kid that hit my car hasn't lodged a claim with his insurance company because his car suffered little damage and there's a big dent in my back bumper. I filed a report with the cops. All I had was his car rego to hunt him down with and then he refused to discuss matters when I knocked on his door and threatened to call the cops on me. So. looks like it'll be the disputes tribunal. The kid and his father happen to be high flying 'Christians' that have their own church in Christchurch and jet set around the world on their parishioners money going by the photos on their facebook pages.

shazzie10, Mar 30, 4:57am
Thanks for your input Average2poor. Rotoiti, I am sorry to hear about your situation. If I was you, I would gather my friends and protest outside his church with placards.I am a Christian and I am ashamed of that type of conduct. If I was in Christchurch, I would join you in the protest. Hope their conscience will get the better of them. Good luck to you.

loose.unit8, Mar 30, 5:02am
Do you have full insurance!

chevcamaro, Mar 30, 9:18am
act quickly, turners will have aa's release to sell car so possibly be in tuesdays auction, act very quickly

motorboy2011, Mar 30, 7:34pm
you can ring him at all hours, knock on his door, follow him to work, anything, and the cops can't to anything because you have a legal right to contact him. he can't do you for harassment because of this legal right.

rotoiti, Mar 30, 8:04pm
nah - only 3rd party. thanks for that motorboy - i feel better hearing that. the jerk wouldn't even open the door - he just peered behind the glass at me and said he was calling the police and had all these excuses why he didn't answer his cell 'cos it got stolen. probably freaked out 'cos I managed to find where he lives.

loose.unit8, Mar 31, 4:08am
3rd party with who!You could still be covered.

Here's a quote from AA insurance website -
"And we'll also cover you for up to $4,000 if an uninsured driver crashes into your car. "

http://www.aainsurance.co.nz/car-insurance/third-party.html

owene, Mar 31, 10:47am
Go to their church service and start yelling out aboiut it during the happy-clappy part. Let all of the followers know how their leader is treating you!

oscar220, Apr 1, 2:51am
I agree with these comments. I think you should forget about valuations for the moment but find out if the car is in fact repairable regardless of the cost. The insurance company is treating you as if you are insured with them and have a valuation or sum assured on the car which wuld mean they can do or offer what they want.
It would possibly only mean a minor amount of damage to your car would in their eyes make it uneconomicalfor them to pay for repairs but maybe you should be insisting that the vehicle be repaired. Valuations and repair costs shouldnt prevent you from getting your car fixed if possible.
You are possibly correct that your car may have gone well for another year or more and to have to go and replace it with another car of equal value would mean you are having to take a punt on what you buy being equal to what you had.
Get the repair side of things sorted, it may well be repairable. Too bad what it may cost the insurance company, its not your company or policy.

msigg, Apr 1, 3:00am
You are at the mercy of the insurance company. No if or buts. Someone at work has just been through this and negotiated to have the car back and an amount of money. That could be your best option.

oscar220, Apr 1, 3:11am
You contradicted yourself. The example you gave said they "negotiated" that isnt the same as being at the "mercy of the insurance company".

I say if you want your car repaired then fight for it OP they will probably try to dictate proceedings but fight for what you want. Fair Go would love this story.