car repairs and insurance companies

[fubar]

Gday all
just before chrissie I was involved in a nose to nose crash when a car in the next turning lane raced off from the lights lost control spun around and landed up planted in my front passenger side .
It crumpled my roo bar ,cibie super oscars, headlightassembly, bonnet, front wing and assorted underhood struts.
didnt look too bad and was still driveable.
Did all the right things exchanged details etc.
contact insurance company
start the ball rolling go get quotes
few weeks pass and i get a call the cost of repairs exceed the amount of your agreed value heres the money we take your car away
WHATTTT!!!!!!!!
this other guy runs into me and I lose my car?
yes nobody repairs over the market value of the vehicle!
Anybody else strike this?
your input would be appreciated

[DavidG]

You do not have to accept their offer.

Get legal advice.

[rrobor]

This is very common and is the reason when a vehicle is only worth a few grand full comp is worthless. If you dont accept their offer, you will get diddly squat, if you do, you get less than the value its worth to you. DavidG suggests legal advice, I dont. Insurance companies know the rules and all you will do is add to your costs. So sorry, its the usual. Fixers charge insurance companies high prices, fix it yourself it will cost half that. We all learn. This one I learned from next door when he lost his car due to a front wing dent. It was old, but it was in great nick, what he got wouldnt even have purchaced a bomb.

[Sturdee]

You do not have to accept their offer.

Get legal advice.

And ask them the question about suing the other driver for the full cost of the repairs without involving your insurance company.

Years ago when a cab driver ran into the back of my car I sued the driver for the full cost of the repairs rather than go through my insurance company, all I did was notify them and kept them informed.


Peter.

[fubar]

well turns out the other driver has returned to the subcontinent so no joy there .
I have spent the day stripping the car(rodeo ute with less than 120k's) of every non standard extra I added over the years (ebay sale coming up) looked at what I would get for it on the open market and taking the deal plus ebaying I'll probably come close if not over what its worth.
thanks for your input guys
now the fun of looking for replacements
council of the exchequer has stated put the money towards a run around small car and get myself something bigger for business (yeah )
know anything about LWB mid roof transits?

[rod1949]

August last year I was the innocent party in a car crash. I had let my insurance lapse about a month before so I took on and claimed against the other party's insurance. They wrote the vehicle off and wanted to give me $5k less than the current market value minus the wreckers buy price of $1k. I stuck to my guns and email hassled them nearly every day. I got the market price and kept the vehicle.

But like you I was off as I'm the one that was inconvenienced with the loss of a perfectly good vehicle and then the expense of having to get a replacement.

[malb]

Basicly the other party has damaged your vehicle through their negligence, and you have a legal right to have the vehicle repaired to pre incident condition at their expense. Neither your insurance or theirs voids that right, but might offset the expense for them or the hassle for you. However the issue is in enforcing your rights, which will be impossible if the guilty party has left the country.

It is high time that the government reconsidered the International Permit scheme which allows foreigners to drive in OZ for years with no more than an Auto Association card saying that they held a licence in their country of origin. I have known a few of these permit holders who have driven as a job for years on a Weeties packet card, some of whom had only driven agricultural vehicles in their country of origin, one having only experience with a walk behind 'mule' towing a small cart. Even the licencing authorities in his country of origin wondered why he sought a licence to operate it when few others did, until they discovered where he was going in three months time.

[rrobor]

Sorry, this is just not so. If you migrate to Australia and hold a full driving licence in country of origin, and recognised by Australia, you are allowed to drive in Australia for one year. At the end of that time you must sit a driving test, This test is the one a learner must pass to obtain a provisional licence. It is the same as if moving from state to state. Many people may drive without proper qualifications, this is not the fault of government of whatever colour, this is a police matter.