Vehicle ownership

[PWE]

I am after some info in regards to vehicle ownership.
If you own a vehicle (register in your name) and it is in an accident (say drivers fault), are you liable for any damage claims?
The driver is a family member, not an employee.

[Bird]

not much help, but try the RACQ if they have a legal dept


found this but not much there, but maybe ask them for advice.
http://www.legalaid.qld.gov.au/Find-legal-information/Cars-and-driving/Car-accidents

[corndog]

If your not driving how can you be at fault. Insurance wise if the driver hasn't been nominated on the policy good luck with a claim.

[Bird]

If your not driving how can you be at fault. Insurance wise if the driver hasn't been nominated on the policy good luck with a claim.

if he was in USA he'd probably be cooked.

[edz]

 ** Not  being a legal  type so this could bum backwards ** 
If your names on the rego, I'm pretty sure you would be the one that will get the Bluey, Then it would be up to you to make a legal declaration and provide details etc of who was driving your vehicle [ Pretty much like getting a speeding ticket when you wernt the driver ]  and sort out the details with your insurance company in regards to costs etc ..

[Pete79]

So many variables here.

How big was the incident?
Are we talking replacing a bumper on a commodore or a written off Maserati?

Was there a police report for the incident?
Where details taken of all those involved?

But more importantly, do you want the actual driver to pay or do you just want to slip it through under your insurance and save a heap of drama?

There’s probably a technically correct answer, but it sounds to me like you need an answer for a specific situation.

[Spada]

and are you talking vehicle damage claims, or CTP type claims ?

[PWE]

Ok, so let’s say
Rego of a 2016 1.2l auto Polo is in my name.
My nephew, whom is a P-plate driver and is a nominated driver on my insurance
He reverse into a merc C220 at a shopping centre
No-one was in the merc

So, I assume that my comprehensive insurance will cover both the merc and the Polo?

[chester ver2.0]

Yes but not in a personal sense

Other driver will make a claim on their insurance

Their insurance will try to cover costs through your insurance or third party insurer

Insurance and 3rd party insurance is against the vehicle not the driver so will be covered (unless drink driving or other criminal negligance involved)

[chester ver2.0]

Ok, so let’s say
Rego of a 2016 1.2l auto Polo is in my name.
My nephew, whom is a P-plate driver and is a nominated driver on my insurance
He reverse into a merc C220 at a shopping centre
No-one was in the merc

So, I assume that my comprehensive insurance will cover both the merc and the Polo?

Correct his insurance covers the merc then his insurance company claims against yours

[corndog]

Details would have been exchanged at the incident. What were they? Should have been the driver of the car at the time so he would be responsible. I have told my family if they have an accident never admit to anything, get make, model and rego of the other car, drivers details and ask to see photo proof, take pics of cars and driver if neccesary, get details of any witnesses and note place and time. Just as a  note I had a guy run into me from behind. Said he didn't do any damage yet the damage lined up with the profile of his bumper. Didn't want to give his details. Wouldn't show any proof of who he was. Took photos of everything and was ringing the police. He changed his mind then gave and showed me proof. Months later an insurance investigator rang asking to check the details. Couldn't find the guy at the details given. Details are sometime wrong or false.

[corndog]

Someone runs into a car with no one in it means they usually drive of quickly

[Bird]

Someone runs into a car with no one in it means they usually drive of quickly

unless they get hooked on your bullbar as they desperately try to flee the scene...   

[corndog]

Was a crash across the road here one night. Young guy hit 2 parked cars, wrote them off. By the time I got outside he had gone. With the damage don't know how he drove off. Everyone out in the street, cops called, I was looking around at bits and pieces of car. Low and behold a number plate. Came off his car. Cops rock up and I gave it to them and off they went. 5 mins later a smashed car turns up. Son was driving the parents car. Think they only turned up as they saw the missing plate. Thing is 2 weeks later the same kid was in another accident that left 2 in hospital. He was hooning both times.

[Bunyip]

My daughter was in an accident recently where the other guy lied to the insurance company. He was full license, my daughter recent P Plater.

Lucky for us the Red Roster on the street corner had CCTV facing the road where the incident occurred.

Police (in NSW at least) will not attend an accident unless someone is taken away in an Ambulance, even if the drivers have a dispute over what happened.

[Bird]

My daughter was in an accident recently where the other guy lied to the insurance company. He was full license, my daughter recent P Plater.
Lucky for us the Red Roster on the street corner had CCTV facing the road where the incident occurred.

That right there should be 12mths instant loss of license and insurance cancelled for the cockhead so he gets ****ed up next time he goes for insurance. Could have really screwed up ya daughter if there was no footage... then again for a few bux, I could have seen it happen

[Bunyip]

That right there should be 12mths instant loss of license and insurance cancelled for the cockhead so he gets ****ed up next time he goes for insurance. Could have really screwed up ya daughter if there was no footage... then again for a few bux, I could have seen it happen

Yep, aside from everything else the $2300 excess killed us. She was driving my car and I needed it back. Luckily the insurance company was quick to provide the refund. Both cars were insured with the same company so of course they would put her at fault automatically as they have to pay out less that way.

I did suggest to the insurance company that a false declaration had been made, they seemed less than interested.

[Hoyks]

I am after some info in regards to vehicle ownership.
If you own a vehicle (register in your name) and it is in an accident (say drivers fault), are you liable for any damage claims?
The driver is a family member, not an employee.

The term to search for is 'Third Party Liability. The PDS is worth a read.

From the RACQ Motor Vehicle PDS, but they are all along similar lines.

Under your Motor Comprehensive Insurance policy, we also provide cover for your  legal liability which results from an incident during the period of insurance directly caused  by the use of your vehicle. Third party liability cover is insurance against  your legal liability to pay compensation for  causing loss or damage to someone else’s  property or for causing death or bodily  injury. It covers you if someone makes  a claim against you or sues you.

Third party liability
Yes 4 Your legal liability to pay compensation to someone for loss or damage to their property or for death or bodily injury which results from an incident  that happens during the period of insurance directly caused by:
•   the use of your vehicle •   towing a trailer or caravan with your vehicle (including if the trailer  or caravan detaches from your vehicle while it is moving) •   attaching or detaching a trailer or caravan to or from your vehicle
•   something falling from your vehicle or from a trailer or caravan being towed by your vehicle (but we don’t pay for damage to the item that  fell off), or
•   loading or unloading items from your vehicle or a trailer or caravan attached to it (as long as you are on a public road or any public place  at the time).

But the important bit you are looking for:
The same third party liability cover that we give you under this policy we also give to any person driving your vehicle with your prior permission. However, to be covered they must comply with all of the terms of your policy, as if they were the policyholder.

This is why you pay insurance, make a claim, take all the details to them and let them sort it out. A dash cam is handy supporting evidence too, people can really change their tune when they don't have a leg to stand on.

Its amazing how fine, upstanding pillars of the community that hold positions of authority and trust (... in the corrective services for example) and are considered beyond reproach, can become lying bastards immediately after an accident.

I was hit by a guy sliding through a mud puddle in the bush. His bull bar took the front off my brand new Sierra... I was stationary and 90 degrees to the road.
He was easy to get along with and apologetic at the scene and wasn't worried about submitting a police report (I did anyway), but later claimed I hit him (damage didn't reflect that though) and claimed a few thousand against me for damage to his 10 tear old Pajero.
His alloy bull bar hit a plastic bumper on a Sierra, seriously? How much damage could it do??

I submitted my claim and $650 and got my vehicle fixed and forwarded all solicitors letters of demand to the insurer.
It ended up going before a magistrate with the GIO V Him (I went to work and only was advised of the outcome) and the magistrate ruled we were equally to blame and had to fix our own vehicles.
I wasn't 100% happy as I think he was in the wrong, but at least he didn't get a cent from me . The 6 months of letters going backwards and forwards between solicitors, a trip to court for the lawyers and my car back on the road within 2 weeks was certainly worth the $650.

[trinityalyce]

I was hit by a guy sliding through a mud puddle in the bush. His bull bar took the front off my brand new Sierra... I was stationary and 90 degrees to the road.
He was easy to get along with and apologetic at the scene and wasn't worried about submitting a police report (I did anyway), but later claimed I hit him (damage didn't reflect that though) and claimed a few thousand against me for damage to his 10 tear old Pajero.
His alloy bull bar hit a plastic bumper on a Sierra, seriously? How much damage could it do??

I submitted my claim and $650 and got my vehicle fixed and forwarded all solicitors letters of demand to the insurer.
It ended up going before a magistrate with the GIO V Him (I went to work and only was advised of the outcome) and the magistrate ruled we were equally to blame and had to fix our own vehicles.
I wasn't 100% happy as I think he was in the wrong, but at least he didn't get a cent from me . The 6 months of letters going backwards and forwards between solicitors, a trip to court for the lawyers and my car back on the road within 2 weeks was certainly worth the $650.

That is ridiculous, but at the same time I really can't say I'm surprised. 😕

[edz]

Someone runs into a car with no one in it means they usually drive of quickly

Had a bloke come into work one day [ Wreckers ] years ago,   looking for bits to repair his car that had just been hit at the shops ..
He Showed me the note that was left under his windscreen wiper ..
The note read ***  The people who saw me hit your car, Think Im doing the Right thing by leaving you my Name and Number   " BUT IM NOT THAT F**KIN STUPID "  ***

[Swannie]

[quote author =Bunyip link=topic=53744.msg931897#msg931897 date=1513817151]
Yep, aside from everything else the $2300 excess killed us. She was driving my car and I needed it back. Luckily the insurance company was quick to provide the refund. Both cars were insured with the same company so of course they would put her at fault automatically as they have to pay out less that way.

I did suggest to the insurance company that a false declaration had been made, they seemed less than interested.
[/quote]

$2300 excess 

[Bird]

$2300 excess 

The dad of the kid that wiped my bullbar the other week was happy to hand over 2000 cash as it would save him about 1500...
God knows how much some of these kids are payin for insurance and excess in Skylines, and Shit like that.

[MrCruza]

Two words. Dash cam. Problem solvered.