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Hit by unsupervised learner

losh1971

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Use your insurance pronto.
That’s what it’s for.
Move VERY quickly on this action.
I'm wondering if the OP has no insurance? Hence the original question. Otherwise why ask for advice on a forum when you have paid an insurance Co to deal with these situations?
 

stick3

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as long as you have there details or even a number plate to give to your insurance and i dont know if you still need a event number from the police
 

Skylarking

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Just identifying the vehicle rego isn't enough to identify the at fault party :rolleyes:

If you are insured and can provide the at fault drivers details, you shouldn't have any issues making a claim through your comprehensive policy*. But it's critically importance to identify the at fault driver, the vehicle, the location and the date and time of the crash...

Usually, in these cases, you wont have to pay excess though some insurance companies may want you to pay excess up front. When you are asked to pay an excess when not at fault, this excess is refunded when costs are recovered from the at fault party. But even in these cases where the costs aren't recovered, because the insurance company decides it's commercially not worth chasing some poor smuck through the courts, there is still hope. As the insurance company is not looking after your interests under the policy, I've successfully argued they aren't fullfuilling their implied promise to protect me in such cases. Since it's a commercial decision and usually involves amounts below some threshold, the policy wording is generally mute on such issues which works in your favour. In these cases, the insurance company can just as well carry the excess and any demurrage claims as well. As i've said, ive had success with such arguiments in the past but always, always, read the policy wording before making the claim and be prepared to push back when/if your own insurance company plays hardball.

* not sure what would happen if you only had 3rd party property insurance... whether the policy wording would allow you to claim the repairs against your insurance where the insurance company can recover costs from the identified at fault party... as always rtf policy book (pds)...
 

panhead

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A few years back when I was rear ended the first thing I did as I got out of the car was use my phone to take a number of photos of the other driver getting out of their car, then I took photos of the damage to both cars and a photo of their licence.

Good thing as they told me they were insured which turned out to be a lie and they were no longer living at the address on their licence.

The old address was his parents place.

I had enough for an insurance investigator to track him down.

Not that I cared as my insurance would have paid whether they could find him or not.

The insurance company appreciated it though as it made their job of finding him much easier.







.
 

stick3

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there was a insurance tv add where it said supply a number plate details after a not at fault accident this was a few years ago and (i forget which company) you will not pay any excess and retain your ncb
 

vc commodore

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I seriously doubt if the learner driver had insurance they'd be covered in this instance....

That being said, providing you have their details, eg licence no and rego no, the insurance company if you have one will handle the rest.

If you don't, you are able to take them to court, however be wary as you can win the case, yet they can do a runner interstate, which screws you anyways...
 

Skylarking

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If you don't, you are able to take them to court, however be wary as you can win the case, yet they can do a runner interstate, which screws you anyways...
Or they can cry poor and the court can order them to pay you a dollar a week for the rest of their life. Such is hardly a win even if they pay their dollar a week :mad:
 

losh1971

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Yeah, and they can also cry I'm poor and give you $10 a week for the next 10 years. I'm always insured, don't care about the cost. The headache the OP might have to go through will be a whole lot easier if they just even have third party property with some insurers.
 

EYY

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I had a bloke hit me on the freeway and only give his license number. Refused to give name or address. Had to go through police, and they had to contact him so that they could get his permission for the police to pass his full name and address onto me.

I eventually got his details and his insurance paid out. Insurance told me that they couldn’t do a thing without his name and address. Apparently licence number or number plate are insufficient, so a claim cannot be lodged.

I was told this is due to privacy laws - they cannot investigate this on your behalf.
 

losh1971

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Over here it's the law that you provide those details. Failing to do so gets you fined. I wonder if that person who hit you EYY was told "give us permission to provide them or take the fine your choice"?
 
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