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[The_Hawk]

Seriously, talk to your insurer, as a not at fault claim they should help you process the claim, sure they wont give you a cent... but it's likely to make things easier.

[ian]

update: so i called AAMI and spoke to their settlements & recovery team. They say my version of events is different to the other guy's (even though he admitted it was his fault after the crash).... they're going to send me a diagram and explanation form or something. I seriously hope this isn't the beginning of a long dispute, I just want to be back on the road already

also started seeing an osteo for my neck pains. Is there any way I can get his insurance to cover these as well ?

Yes his insurance should cover that also you should be able to get a rental as I did and charge the other persons insurance, Did the other driver admit fault in front of any one ? did you get a singed statement off him ,saying he was at fault ?
If he pulled out of a side street and ran into you ,you should be ok go to the police station and ask for a police report of the accident .

[vwsport]

My advice is to find a panel beater who will take on the person and aami on your behalf and recover the money from aami and fix the car. In melbourne i know sheen group do this as do many others, you just need to hunt around and find one in your area.
They have their own lawyers and as long as you will sign a stat dec saying you are not at fault will pursue them and recover the money and fix your car.
Not sure if you just have CTP your insurer will help.
Did he admit liability in front of any witnesses?

[governor22]

I'm waiting for the AAMI diagram form in the mail... not sure how long it will take. Spoke to another AAMI person today and they said because it's a disputed version of events, they will need the police report before they make a decision. Tried calling the other guy but he's not answering. Waiting for a call back from the police and to try and get the report.

basically he says he stopped at the T intersection and i swerved off the road and into him, so i'm at fault. ... But he was going across the give way line, which caused me to swerve, and crash into him.... FFS

[Golf-Sam]

I'm waiting for the AAMI diagram form in the mail... not sure how long it will take. Spoke to another AAMI person today and they said because it's a disputed version of events, they will need the police report before they make a decision. Tried calling the other guy but he's not answering. Waiting for a call back from the police and to try and get the report.

basically he says he stopped at the T intersection and i swerved off the road and into him, so i'm at fault. ... But he was going across the give way line, which caused me to swerve, and crash into him.... FFS

that's the biggest load of BS ! he's trying to pin it on you .. get the police report ASAP .. if he was over the give way line .. it's his fault ..

[ian]

that's the biggest load of BS ! he's trying to pin it on you .. get the police report ASAP .. if he was over the give way line .. it's his fault ..

The law can be a ass , but if his vehicle was stationary when he was hit he might have a case , it depends on how long he was stationary .
And it depends if you swerved into him ?

[governor22]

worst case scenario: i can't find any witnesses, police report comes back in his favour and i'm stuck with a car that will require a ton of repairs.

will get in touch with canberra vw on monday to try and get some quotes for repairs.

does anyone know any good panel beaters ? Otherwise, I'm gonna have to start selling her for parts

[JustCruisn]

I edited your post. Don't air the details on a public forum, it wont end well.

Seriously call your insurance company, get them involved, it could end with a claim against you, any delays etc may affect the claim.

[kendog]

i had a similar thing with my mini years ago, she admitted fault at the scene, and then changed her story later. it took forever to go to court, but ended up with the judge looking at simple road rules, like who crossed into whos lane. get photos of the scene, and draw it up in a diagram.

DEFINITELY get your insurance fighting for you!! Don't hold back, or be shy about it! Seriously!

They are your best bet at getting out of this mess if he has his insurance onto you! His insurance is obviously believing his lies, and will be fighting you like it's the truth! You need your side of the story to be coming from an insurance company, otherwise, they bully you. Don't let them. And have all your research, information and most importantly, story, perfectly organised & making sense. Make sure it doesn't stray much from the statement you gave police either, that will make you look like a liar in court.

[dylan8]

While its fresh go see if there is any skid marks at the scene and grab photos.
Might show you braking or them getting pushed side ways.

GL with it, sick of dodgy people like that!

[kendog]

fml

Yep, forgot that bit, photos of skid marks!

Good pickup there Dylan!

[golfgti101]

To make the insurance company action ASAP here is your list of steps.

Call his insurance company and get a Claim number if you haven't been given this already.

go onto google and search the number for 1car1 rentals.

tell them your situations briefly.
wait 1 day or so.
receive loan car for free until insurance settles.
his company will be paying for it, at $75 a day, which clearly will make them want to hurry the hell up with it.
enjoy your rental until they pay you out.
search carsales.com.au ebay.com.au gumtree.com.au for equivalent spec'd Bora's as yours. Print the ads out with prices.

When they offer to settle you a figure, show them the ads you have seen if their figure is substantially lower.
Agree on a price that YOU are fair and happy with.

buy new car,
move on.
life will be ok.

Good luck

[Guest001]

To make the insurance company action ASAP here is your list of steps.

Call his insurance company and get a Claim number if you haven't been given this already.

go onto google and search the number for 1car1 rentals.

tell them your situations briefly.
wait 1 day or so.
receive loan car for free until insurance settles.
his company will be paying for it, at $75 a day, which clearly will make them want to hurry the hell up with it.
enjoy your rental until they pay you out.
search carsales.com.au ebay.com.au gumtree.com.au for equivalent spec'd Bora's as yours. Print the ads out with prices.

When they offer to settle you a figure, show them the ads you have seen if their figure is substantially lower.
Agree on a price that YOU are fair and happy with.

buy new car,
move on.
life will be ok.

Good luck

Best to get their permission before entering any contracts without it or you could end up paying for the lot if they dont authorise for a rental or anything else

[governor22]

thanks guys for all the advice.

As earlier people have told me to do, I would have gone to my insurer, but i don't have insurance ... just couldn't afford to renew, so I'm really fighting this one.

I have a claim number from his insurance so following that up. I'm also waiting for the police report. And this afternoon I got a call from a witness confirming my story. So hopefully that will beef up police report. And then insurers will accept the report.

honestly though, i'm already accepting this could be hairy, take months, or ultimately (although I really don't want this) end up in court.

[gringo_54_oval]

Sorry about your bora. Looked nice.
Aami can be a pain in the a%#. So be hard with them cause they will try everything they can to try and screw you over.
All the best mate hope it all goes your way.