flumper

Hi,

We just arrived on the Sunshine Coast and last week a truck ran into the back of our 3 week old 4x4 as we were sitting stationary at traffic lights . Our 5 year old was in the back at the time but we're all ok - just sore, bruised and shaken up. The insurers are getting the car repaired as we are fully comp insured. Initial costings are around the $15-20k mark. Its pretty badly damaged front and back as we were shunted into the car in front but not enough for it to be written off.

We reported it to the police and the truck driver will be charged. Our policy covers 10 days car hire and from tomorrow we have to incur the cost - probably for a further 3-4 weeks - ourselves and claim it back from the other sides insurers.

Has anyone had any experience of this and were there any hassles in paying out? Our insurers say they will submit the claim for us but after that they will not chase if it is not settled. Basically we are on our own and we have other costs over and above the hire car.

We've both got stiff necks, shoulders and backs and recurring headaches. The hospital say its just muscular and will wear off. Does anyone have any advice about whiplash and if we can claim this and how to do you quantify it?

Our insurers warned us also that 'inconvenience' is not a good enough reason to claim costs back

As you can imagine we are pretty hacked off - we've not long arrived and are going to be out of pocket for all this.

We're being advised by our insurers not to get solicitors involved at this stage. Is this normal??

Thanks for any advice anyone can offer.
Nicola

ABCDiamond

Nicola

Are you a member of RACQ ? or do you still hold AA or RAC membership from the UK. The RACQ allows reciprocal membership, and may be able to assist you.

flumper

Unfortunately not but we do have Nissan roadside assistance so will give them a call see what they say.

Thanks.

Bix da Boss

Nicola! OMG! How upsetting for you!

We've been concerned about this ever since getting back from the Gold Coast recently as we witnesed it happening to two cars in the next lane to us for the exact same reason - traffic lights! Its always been a threat when stopping at lights, I have to stop myself tensing up everytime we go to STOP half expecting the vehicle behind to ram into us :scared: Its quite a common occurance we have been told! Our friends who came over from the UK a few years ago had it happen to them also - the woman was waving to her boyfriend and didn't see him stop! Because she owned up to being in the wrong - the insurance claim for that accident went thru quickly and smoothly.

I do hope someone will be able to help you with the 'legal' side of things - very complicated isn't it

ABC - can you help m8

Hope it all works out ok in the end.

Gill

Bix da Boss

Well, there ya go ABC - thought you would answer this one too!!!

Gill

ABCDiamond

My very first accident here, was when I stopped at a pedestrian crossing, but the car behind didn't !!! Well.. they did, but only because they banged into me !!

They didn't have any insurance, but my comp cover took care of my car, and the Insurer would have chased the other driver to recoup their costs etc.
I didn't claim any other costs so I don't have experience of what can happen in that respect.

I did learn to look behind me before stopping in future !!

Lets hope that the "Nissan roadside assistance" provides full RACQ type cover

Regarding any medical claims, there are a number of Legal Firms that do provide the "No Win - No Fee" service. And, even though they take a fair old %, they may be the best ones to use in a case like this.

flumper

Thanks for the replies.

We'll dig around and see what our options are. We only want to recover our losses - just had a call about a job which may come off so things are looking up now!

Cheers

Soi Oz

Don't take advice from your insurance company..... they will be looking after their own interests, not yours. Is your policy new for old? I'd be questioning their decision to repair the car - sounds like a lot of damage.

flumper

Hi
It works on a % of the new car cost and the cost of repair isn't high enough! I need to get my sledge hammer out ONLY JOKING!!!!

jdjnr

Hi Nicola, Sorry to hear about the accident!!

I was in a car accident a few years ago and suffered whiplash injuries - best advice i can offer is to definitly get in touch with solicitor - insurance companies don't care about your well being, only interested in car damage not personal injury and getting it resolved as quick as possible!

The good news is that whiplash injuries do wear off, but depends on the individual as to how quickly this happens. Solicitor will be able to deal with your personal injury claim and how its quantified etc, and arrange for specialists etc.

One more thing don't sign anything from the other insurance company ie 'without predjudice' letter - this basically gets you to settle for the car damage and relieves the insurer from paying out any personal injury claim.

15-20K is an awful lot of money to repair the damage - although i suppose with it being a new 4x4 that makes it more expensive......

Just remember that at the end of the day you should be able to claim EVERY cent back that this accident has cost you....

Hope it all works out,

Jon

bridiej

Glad you are all OK

Grayling

I have been involved in the treatment of several car crash victims in the UK.

Usually for post traumatic stress symptoms.

Firstly ignore the advice not to involve a solicitor. Insurance companies hate litigation as it costs them a lot of money.

If you have a whiplash you must take legal advice. If it was a rear end shunt you will rarely lose if you decide to sue.

It will eventually be settled 'out of court' as if insurance companies let it go to court they know they will lose. They will attempt to 'buy you out' but it is all a game which is why these cases last for years.

If you do nothing and have problems later then it will be too late. Whiplash injuries can cause serious problems later on... this is why the awards are so high. You should also consider that you may have lasting psychological effects and should take that into account.

You often find that both drivers are insured by the same company and eventually most are underwritten at Lloyds (including australian ones as these are usually multinationals). That is why they will never advise you to sue...see an independent solicitor and preferably not an 'ambulance chasing' no win no fee type as they often make more money out of it than the victim.

Good luck

G

flumper

Thanks to everyone who has replied. We are going to seek legal advice next week.

I spoke with our insurers again this afternoon and we are now being asked to justify in writing in the strongest terms we can and provide evidence as to why we actually need a hire car and why we feel the other side's insurers should settle these. Eh? We bought a car to start our new life here, some plonker ruined that and they want us to justify that its more than just inconvenience. Is it us??

We are now thinking the insurance system is a bit strange here. Our insurers will lodge a demand letter with our written justification for costs and 'hopefully' the other side will settle but its usual that you only get 3/4s back eg. if claiming for a hire car they will knock the weekends off and pay for Mon-Fri!! If no payment is made then its up to us to follow up. They say they can't sue for anything other than the car repair which thankfully is not an issue for us.

Enough ranting - much concentrate our efforts in getting legal advice.

Hopefully the stiff necks and headaches will wear off - perhaps the legal people can advise on that too.

Thanks again.

Pollyana

Hi Nicola,
Just wondered how you got on, as we got the payout on our car, and Cresta57 has had the money for his ute - they say these things happen in threes, don't they!