Need some Legal Advice...

[JFry 1]

Hey guys,

Story so far:

A truck reversed into my car last week, left two gouges in the bonnet about 20cm long. They have admitted that they caused the damage yesterday and also that he will not be claiming insurance, as his excess is about $1,000. I went to a few panel beaters just after this happened and got a few quotes (for $550, $1,000 and $1,250).

My questions:

1. Can he tell me which panel beater I have to go to, to get it repaired. Or can I choose and he will have to pay regardless?

2. Can I argue that the lowest quote is not fair, because the other two were going to do the same job, but the cheapest was not going to do as much (the dude that hit me suggested I go to the one that gave me the cheapest quote and he had already spoken to them, to me sounded a bit dodgy).

Thanks

Jeff

[Jamez 2147483647]

woulden't it be cheaper to get a new bonnet, then get it painted for ~$250, probably cost $350 all up

[Lucan 196]

Since you not going through an insurance company, it depends on you.

You can either go to court and somehow they'll get 3 quotes and you'll be entitled to get the average amount from all 3, or something along those lines.

If you dont want to go to court, you both need to come to a mutal agreement about getting it done.

What so dodgey about the cheapest quote?

[Lucan 196]

or that /\ /\

[M3_Power 636]

Are you insured? Full cover or 3rd party only? Or uninsured?

If so and he has admitted liability and you have full cover or 3rd party with no fault extension then approach your insurance company - they'll sort it out with him - won't even affect his insurance (given that he'll have to pay for it anyway)

Otherwise it's up to you as to where you want it repaired (but then it'll be up to you to collect the debt from him)

[Apex 693]

I would say just go to your insurance company, they will handle it, that’s what insurance is for.

[paulieboi 0]

if your insured, go to your insurance company and you can lodge a claim in which case you take it to the panel beater and the other party will be held liable for the payment.

if your uninsured its pretty much going on his good will, if the truck isint damaged and he has a full cover it would be a 3rd party lodgement in which the excess shouldnt be as high but he would most probly loose a no claim bonus.

as to getting it to an panelbeater, you could probly try and ask for a different one if you think its dodgy and his "contact" will do a shoddy job, but if your uninsured its abit hard to try and get your way when its somebody else paying

[Guest FrantiC]

Get the $550, Buy a new bonnet get it resprayed and keep what is left over.

I got rear ended once and the guy was so desperate not to go through insurance he wrote me a $500 cheque on the side of the road, only damage was a bent up chrome bumper and a smashed tail light.. I had a spare tail light and the bumper just needed abit of BFH action. Ended up keeping the money for myself..

[R90S 2]

If you're not happy with the three quotes you've obtained, get some more and discard the quotes you're not comfortable with.

Your ideal position will be three remaining quotes from three panelbeaters you'd be happy to deal with, regardless of which one ends up doing the work.

[rxsumo 33]

I've been in this position before, and it turned out badly.

You have the right to have the vehicle restored to the condition it was in prior to the accident....at basically any cost.

If you are insured, let the insurance company sort it out, or at least discuss what you are doing with your insurance company, so that they are briefed in case you need to get them involved.

In my case, I had sorted out a deal with the offending party, had the work done on my car by an unknown company who destroyed large sections of the paintwork on my car, and then the insurance company had to sort the mess out.

If you aren't insured, get the panelbeater you want to do the job, quote the job, and then tell the trucking company what the bill is. If they don't like the bill - tough. If they wont pay take it to the small claims court.

A mate of mine did this a number of years ago, and managed to get a written off car rebuilt for around $12K, the insurance company from the other party was writing his car off at $1500. The car had sentimental value to my mate, so he was determined to have the car rebuilt.

[Apex 693]

I would be looking at least 1k if it was my car, they would have to blend the guards and while they were at id have the front bumper done. Milk it for all you can get, it’s you that has been inconvenienced and your car that has been defaced, the least you want is better than before.

[JFry 1]

Cheers for the advice guys,

I only have third party and theft cover (couldn't justify the costs of full cover compared to the price of the car).

I will be going to see my insurance company this afternoon to figure out exactly what I can and can't do. I figure they would know best.

Thanks again

Jeff

[antil33t 90]

Even though you have 3rd party they can help you out in a Not-at-fault accident.

They have "innocence" cover, upto 3,000 (some companies) if someone hits you and has no insurance.

[Braeden320 0]

Cheers for the advice guys,

I only have third party and theft cover (couldn't justify the costs of full cover compared to the price of the car).

Thanks again

Jeff

Really? Before I had my 220 I had a 98 320i exactly the same as yours, same colour and wheels even.

It was insured for $10k and it cost me $400/year.

I was 20 at the time, Full License no claims etc.

That's through ASB Bank

IMO Insurance is always worth having if your car is worth more than a couple of grand.

[nath 131]

Yeah man just go insurance it'll be all good.

I've been in this position before, and it turned out badly.

You have the right to have the vehicle restored to the condition it was in prior to the accident....at basically any cost.

Not quite right, so far as the law goes- you must take all steps for a reasonable repair INCLUDING at a reasonable cost, not "money no object"