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

[WATAJK]

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?

Point of the fact.
Third Party insurance doesn't chase up the other person's insurer, you have to do it yourself.
That's from my experience. This is also the reason why as you said, they won't cover modifications.
BUT
As i spoke to my insurer about this.
If i were to have an accident which im not at fault for, ANY damages caused by the accident must be repaired/replaced.
The amount of times car's with Carbon Fibre Bonnets have accidents and yet they still get covered (NON-ADR), provided you are not at fault.
When your at fault, it's a different ball game, insurance will look at any possible way to not pay you out.

Your car + modifications will be covered as your not at fault, regardless there not part of your policy etc.
That's why other have insurance to cover your damages, the other person's insurance had no idea they were going to hit a modified car.

Get your quotes done, speak to the repairers about your modifications and see what they say but they will tell you as i just said, it's a third party claim. Your insurance company won't even go check the repairs, the other insurer will.

You'll be sweet, i'll reply your PM OP, shortly.

[Alexplicit]

thanks man

[CrystalSkull]

Any updates on the cube? After so many questions I'd like to read about the outcome.

[Alexplicit]

got all my quotes done, faxing them all off to his insurance tomorrow, hopefully be sorted within the month!

[SuiJin]

if your in vic, you can turn around not get it fixed through insurance and sue the driver. umm pm me if your in the west, i know a panel shop that would do it, were cops involved?

[Alexplicit]

im in newcastle nsw man