My eb was hit in left hand guard info

[blwneb]

Hi

I need some opinions, about an accident.

I was driving doing about 50ks, i was aproaching a car in front of me and a dump truck in front of it, the car was stationary behind truck, so as i aproached, indacated to go around, as i was going past the stationary car it pulled out from the kerb and hit my wheel and front quarter, causing alot of damage, she said it wasnt her fault, coz she didnt see me lol, she didnt give way to me coz i was moving, she doesnt have insurance, and licence is expired, my insurance company just cars, says i have to pay excess coz it 50/50, i dont believe that, she didnt give way to me, i was moving, i believe coz the other person doesnt have insurance, just cars need to get money from somewhere so they charge me is this correct, what can I do.

[Kryton]

hmmm this one is going to cause some grief.
ok, the reason why you have to pay the excess: she has no insurance or a license - not much chance of getting the money from her.
who's at fault - her. failing to give way, not to mention driving without a license.
yes, accidents do happen and people do miss seeing things when driving - its a fact of life, so dont think that she drove into you intentionally.
you should be able to appeal the decision or speak to some insurance industry ombudsman.
someone here might know of or have a number for someone to speak to.
have you been and seen the police about it yet?
you DO have her details etc?
if you have this info you should be able to get out of paying anything for damage that wasnt your fault.
the insurer is just looking for the easy option out.
let them get the excess fee from her when they take her to court and make herfoot the bill for damages.

[blwneb]

yes i do have all the other persons info, i am going to police tommorow.

[Dezza]

So she wasn't at fault because she didn't see you? That's pathetic.

When I pulled out in front of someone because I didn't see them, I made no excuses. I stuffed up and was at fault.

It certainly sounds like the woman's fault. What'll probably happen is if you make a claim with insurance, the insurance company will pay you out and the woman will have to pay back the insurance company. My sister just had an incident like this happen to her where she was hit by an unlicenced driver

[blwneb]

i still have to pay $900 excess to panel beater, when i pick up my car next week.

[EF302]

In my eye's your not at fault, therefore you should not have an excess.

[benny_mac]

Thats ridiculous, you shouldn't have to pay anyone anything. I would be complaining to the insurance ombudsman. Tecnically, she was un-liscened so she shouldn't have even been on the road to start with so its all her fault. Definately put in a complaint.