A Truck Hit My Car :( will it be written off?

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Originally Posted by Bludger

mate.

WATAJK


if he's not following the law by driving a vehicle he's not meant to be, it's his fault regardless.

watajk

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not true bruv. when you buy an insurance policy, you agree to the T's and C's, and it's implicit you tell them the truth. With any insurance policy, your asked specifically "Have you provided us true, and accurate information to the best of your ability" etc. You MUST agree to do this or they will not offer you an insurance policy. If he has lied to his insurance provider, regardless of who is at fault, whether the mods have contributed to the accident or whether the mods are legal or not, his insurance policy CAN be nullified.

That said, if he only has 3rd party, HIS insurance company has no responsibilities to him in this instance anyway. As he is not at fault, he will be dealing with the truck drivers insurance company only. If the police were called, they would have taken photo's and determined who was at fault. Obviously it was the truck driver, if you hit sum1 from behind, you have not left yourself enough time to stop, and this is categorised at negligent driving, and he will be charged with that offence, and as he will be determined at fault, his 3rd party insurance policy will cover the damage caused to the integra (or whatever action they take based on the assessment).

The owner of the integra could have been issued with penalty notice at the scene for driving a banned vehicle, or given defect notices for non-compliance, but it would not have affected who was at fault in the accident, and therefore, who is liable to pay for the damages.

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Originally Posted by Alexplicit

the car i hit took off, he looked at his ea falcon and just said looks fine to me, and took off lol

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^^he can probably be charged with negligent driving for this, leaving the scene of an accident without exchanging details is an offence.

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Originally Posted by senna

Stock car is worth 10K - Highly modified car is worth......10K.

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Very true, +it's x50 harder to sell.

My advice to op is to take off anything thats illegal., so probly all your mods. Better to be safe than sorry, regardless. It's also a good idea because if they write off your car they will take it, audio gear/mods and all, and you wont get them back, and if you can you will be paying for them.

They damage doesn't look bad, but on most newish japanese cars it doesn't have to look bad for there to be real damage underneath. The assessor WILL look behind your engine, and they will see the supercharger. (If they're doing thier job correctly, that is. They need to determine if the car is safe to drive, i.e inspect engine mounts, exhaust mounts etc). That said, whether or not an assessor will know a supercharger when they see one, is another matter. On top of that, there is a good chance they won't know your a p plater, unless you keep your p's on your car when they come.

akjdfnn,

Don't take this the wrong way but you are only partically correct on just about everything. Now I may sound like I am splitting hairs but when people speak about "liability", we are talking about property damage and NOT "fault per se. The distinction is important as you have so accurately described, for the truck driver to have rear ended the OP it is almost inevitable that he could be charged with negligent driving.... the issue is that is dependent on any attending police officers.

Whether the OP is fined/cautioned/defected for said modifications is also something that is determined by the attending/reviewing/OIC - ie the Police.

Now, when an you go to take out a policy of insurance, being for example, a conprehensive policy, the insurer will ask a number of questions. Some may relate to your driving record and any modifications to your car. These factors are taken into account and are known as the underwriting guidelines which will assist the insurer in deciding if they extend a policy of insurance to the driver/owner (depending on who gets teh policy).

if it turns out the insured person did not disclose certain things to the insurer then the insurer MAY have the ability to deny the claim. The insurer can only deny the claim as it relates to the prejudice they suffered. For example, if the insurer says "if they told me there were bolt on mods I wouldn't have insured", then the insured person may be boned however if all it meant was the insurance premium would go up then the insured person can pay the premium difference and insurance would continue.

There are a number of things to be taken into consideration but i just wanted to clear up a couple of the misnomers in what you wrote.

Moral of the story -
1) third party insurance at your own risk;
2) modify your vehicle at your own risk; and
3) don't lie to your insurance company - they will catch you and you will not get insurance from anyone for at least 5 years if you are lucky.

That is insurance law 101... to be continued at a fee! LOL...


Sorry to go off track OP...

How are those quotes coming along?

before you all read this, for those who have personally dealt with me, i am a nice friendly person, and will listen to any helpful advise that isnt complete and utter bullshit. so sorry guys but i am not going to sit back and take this one.

@ CrystalSkull
who are you troll?? wake up to yourself, telling me im not an experienced driver, and saying my car should be crushed into a cube, trying to get me to bu a jazz?
sorry mate, just because you had a shitter for your first car, means that i should have one? i have paid for every one of my cars out of my pocket and my integra is built by me and paid for by me!

Ive pored everything i have got so i can become a better driver and making my car sound and road worthy, i don't have shitty mods that are just dangerous and ridiculous. so what i drive a supercharged car, i have NEVER been pulled over for driving like an idiot, speeding, etc. because i believe i am somewhat of an experienced driver, ask anyone, the streets are NOT for driving like an idiot, i live an hour away from Sydney if i wanna go stupid.

you sir are an idiot, if you actually took 5 minutes to read this, you will clearly see that i am not at fault of this crash, and ive never had any bad strikes against my name regarding a car crash! at any time i will happily take guided advise, but you are a joke.

Alex

Not trolling, like I wrote, just an unsolicited suggestion.
Buying a Jazz is my solution to everything.
Glad you let loose a little rage.
Ready to chill? if this were a pub your choice of drink would be my shout :)
Take care and good luck with your car.

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Originally Posted by CrystalSkull

You're lucky this time, good luck getting a payout, I can't offer advise based on experience as my P plater car was a rusty pulsar n15 (which I bought from a vietnamese catholic, it included pictures of mother mary on the visors, but smelt of bong water like her son had been pulling cones down the freeway) as such I decided on 3rd party property insurance but here's my unsolicited idea: your car should be crushed into a cube and you should start again, save up some money (interesting idea http://www.barefootinvestor.com/free-cars-buying-plan/) buy a jazz or something else 'slow', buy full comp insurance & get some more driving experience - all of us we can never have enough experience. Speaking of which the one thing you've gained from this is experience :)

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:wave:

All of what i said was based on the assumption he didn't have an engineer's cetificate for his modifications. If he doesn't, then his mods are illegal. Insurance companies will not knowingly insure a car with illegal mods (not even shannons lol), nor will they honour an insurance policy on an illegally modified car involved in an at fault collision, particularly if it's going to cost them alot of money.

Any modification that "does not comply with standard", and isn't accompanied by a complete engineers certification is considered illegal.

Wheel size is a good example of this, your allowed to legally change the size of your wheels within certain limits, without being hassled by police or having to tell your insurance company. (width/diameter/wheeltrack)...but once you go beyond that, your required to get an engineer's certificate to certify that it still meets the ADR. You can easily bolt on a new set of rims thats alittle bigger than that, with no drama's, but the fact that you and i know it's safe, has nothing to do with it being certified legal. Most insurance companies will state that they will only insure LEGAL mods. It's never a matter of udjusting the premium to cater for illegal mods. That said, it's not good for an insurance to deny too many claims. I think they would probably use some discretion as to which claims are honoured and which arn't, based on the extent of the modifications.

The fact that he is driving a banned car, that has illegal modifications, would almost certainly void his policy, provided he was in a situation where he was making a claim on his own insurance company, and they had all the damning evidence lol

As you said, it's all about risk. Most big insurance companies arn't equipped to properly deal with the minority groups of people who modify thier cars, and don't tend to thoroughly investigate most claims. They repairers wan't to repair, and the customer want's his car back, it's nearly always that way.

Some insurance companies don't allow ANY mods. They draw up the terms under which they will insure you, you agree and abide to those terms, and in turn pay for the service. Legally, if you violate the terms of the contract, there are penalties. That said, what can happen, and what regularly does happen are quite different.

btw, nothing shit about a jazz...very good car, and a jazz is definatly a smarter choice for your first car, particularly while ur on your p's than a supercharged integra. Dunno what the point of saying the car should be crushed into a cube came from though?

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Originally Posted by akjdfnn

btw, nothing shit about a jazz...very good car, and a jazz is definatly a smarter choice for your first car, particularly while ur on your p's than a supercharged integra. Dunno what the point of saying the car should be crushed into a cube came from though?

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Good to have a 'slow' car while learning to drive i.e. on your Provisional licence... and if you can do it in style by having a Jazz then all the better because of all the safety equipment. The point of saying the car should be crushed into a cube comes from my odd sense of humour, the OP asked "will it be written off?" My answer yes, after hearing your tale of being slightly crushed between a truck and a car your car should be crushed into a cube. Won't happen if the car is written off but the idea is amusing. Also a Jazz is cube-esque ;)

this isnt my first car lol also, im almost on my blacks.

i dont see the sence in having a slow car then making a huge jump to a fast car, i think if anything thats more dangerous.

not that its entirely relevant, but ive raced cars ever since i was able to, started off in speedway dirt events, and i was brought up on a farm, and believe it or not, please dont hate on me, but my first ever car that was my own when i was 13 years old... was an ae86 :( i didnt even know what i had... i think im lucky in a sence to have been brought up in a world of cars, and being able to drive them at such a young age.

i do not believe for a second im the worlds best driver, all im getting at is ive had an extra 4-5 years of driving/operating a car. even though driving on a track/farm/bush/wannabedirtdrifter... is nothing like driving on the streets, i think that it has its advantages of not having to go through the *getting the feel for a car, its was all natural, i could from the moment go focus 100 percent on my surroundings, blind spots, traffic, padestrians etc..

im getting a headache reading the responses in this thread.

:) how do u think i feel!

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Originally Posted by Alexplicit

please dont hate on me

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nah bro, i'd listen to jack johnson with any ozhomo including you, even Bludger.

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Originally Posted by Bludger

thank you, I class you in the same boat as EG52NV

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Yeah the titanic and Bludger is captain