Need some advice - Insurance and a small car accident

[Hybrid34]

Im in a bit of a pickle here and any advice, legal advice would be great..

So i've taken my car to get some panels repaired...(I won't name the place),
Once they have fixed the car they took it to get it washed (at a car wash),
On the way to the car wash and old bloke reversed and scratched the front bumper and chipped the paint off it,
Old guy is saying its not his fault (even though clearly it was),

Now heres the thing, I don't have insurance on this car due to the fact I haven't had it that long and only took it out that one time to the repairers to get fixed..

What my question is, because the car was in possession of the panel shop, do they take responsibility for getting it repaired?(even though it wasn't their fault?) IE go through their insurance? or do I have to do all the running around?
The panel shop is told me usually they go through the owner of the cars insurance (even though I don't have insurance), they also said to try and get money out of the old guy and they will 'patch it up' for me..
Any advice would be great..
Cheers
- Ash

**will post pictures up shortly.
Green car is my car, Sapphire colour is the old blokes...

[josh_ef]

their responsibility, they should have insurance to cover it

e.g my partners car is currently at my mates mechanic workshop awaiting a new slave cylinder.

his shop was broken into last week and they dropped his large toolbox onto my mrs car in the process of carrying it out and stuffed the front quarter, his workshop insurance is coverring the repair cost.

[Hybrid34]

When the accident Happened:

Few hours later: (He must have rubbed it off!!)

[josh_ef]

if they are a pannel shop it would be in their best intrest to fix it for you and not loose a customer

[Sunboost]

Be firm with the old man, if it's his fault he has to pay.

And if he doesn't, steal his hubcaps for me.

[LTDHO]

Firstly, suck shit for not having insurance. I have No empathy for you.
Secondly the repairer will have insurance for their customers cars, so claim through them.
If they don't, it's up to you to get your loss recovered from the 'old man'
How did the damage occure to the rhs of the Falcon, it is was reversing towards your car?
Why didn't the driver of your car see the Falcon reversing.

[stav50]

i would have thought they would have insurance to cover it, the statement "we usually just claim through the drivers insurance" is worrying does this happen a lot? worst case, say its not fixed to the standard agreed upon before undertaking the work, because even though they did fix it, u havnt accepted it back in its fixed state therefore they have not held their end of the bargain, basically, if its not fixed properly theoretically you could take them to vcat for not completing the work u paid for? if that makes any sense.

[Godzilla]

They are a registered business who had your car and damaged it, it was in their possession and when you picked it up it was damaged by them.

For crying out loud, they are a panel shop, you would think they would just fix it and take up the matter with the old man themselves or take it on the chin and just repair it.

[ronza]

Where i work our policy is if customers vehicle is damaged in any way by workers it is repaired by us ...

They had your car so its their responsabilty in my books you were not even driving it so thats another reason ...

Stand firm with the panel shop make them 1 fix it and 2 let them recover the costs!!!

[NUT347]

No insurance FTL

How hard is it to ring up an insurance mob and get a cover note?!?!?

Panel beaters take it up the arse. They have to chase/fix it.

[Hybrid34]

Firstly, suck shit for not having insurance. I have No empathy for you.
Secondly the repairer will have insurance for their customers cars, so claim through them.
If they don't, it's up to you to get your loss recovered from the 'old man'
How did the damage occure to the rhs of the Falcon, it is was reversing towards your car?
Why didn't the driver of your car see the Falcon reversing.

What the **** is your problem? Im asking for advice here, not some smart arse comment, if you don't have anything nice to say **** off and don't bother posting anything..
Im guessing the damage occurred due to the old man reversing in a straight line then moving into the second lane (which my car was in), if the driver hit the old man there would be a dent of impact, which by the pictures isn't...and reason for not seeing the car as he did and held down his horn, old man said "i couldn't hear it as i was talking to my wife"...

i would have thought they would have insurance to cover it, the statement "we usually just claim through the drivers insurance" is worrying does this happen a lot? worst case, say its not fixed to the standard agreed upon before undertaking the work, because even though they did fix it, u havnt accepted it back in its fixed state therefore they have not held their end of the bargain, basically, if its not fixed properly theoretically you could take them to vcat for not completing the work u paid for? if that makes any sense.

They are a registered business who had your car and damaged it, it was in their possession and when you picked it up it was damaged by them.

For crying out loud, they are a panel shop, you would think they would just fix it and take up the matter with the old man themselves or take it on the chin and just repair it.

Where i work our policy is if customers vehicle is damaged in any way by workers it is repaired by us ...

They had your car so its their responsabilty in my books you were not even driving it so thats another reason ...

Stand firm with the panel shop make them 1 fix it and 2 let them recover the costs!!!

I've spoken to the place where my car was and other panel shops, mechanic shops... majority of all their policies are IF the worker driving the car is at fault, then it will go through their insurance, but if its not the fault of the company then you will go through the owners insurance...even though this place told me that their not going to put an insurance claim for something so small :S...(its a bit of a grey area)..

Anyway after having massive arguments with the company they finally went an fixed the damages at no charge, car looks perfect, they told me their sick of this incident and went ahead and fixed it all up..
Im still pissed off with this old guy getting away with it scotch free.. especially after rubbing off the evidence, firstly admitting fault then only wanting to pay $100...

[Hybrid34]

Case: Motor vehicle accident regarding Ashley Yap and H-- D--
On Thursday 24th July, 2010 between the hours of 11:00am and 11:30am, Ashley Yap’s 1997 Ford Probe was being driven by --- on behalf of ---. At this time, Mr. --- was allegedly making a ‘u-turn’ on Whitehorse road heading towards Ringwood. H---- was reversing his 1995 Ford Falcon on Whitehorse road, crossing an intersection and veering into the second lane at which point his vehicle came into contact with Mr. Yap’s vehicle. Mr. D---’ vehicle then came to stop in a bus zone. Mr. O--- allegedly sounded the horn but Mr. D--- failed to acknowledge the sound and continued to reverse, causing damages to the front bumper of Mr. Yap’s vehicle and a single scrape mark across the rear right hand side door of Mr. D--- vehicle. Mr. O--- had stopped Mr. Yap’s vehicle just before the point of contact, thus resulting in a scrape mark to Mr. D--- vehicle rather than a dent.
At the time of the accident, H-- D-- and his wife allegedly admitted fault, however when further pursued Mr. D--- would not admit fault to the cause of the accident.
Mr. D--- claimed there was no damage to his vehicle, however before and after photographs of the damage; ‘Ref A’, reveal the scrape mark on Mr. D--- vehicle from the accident has been rubbed off. Mr. D--- therefore claims there is no need to call his insurance company as there is no damage to his car, thus no ‘dispute’. After the incident Mr. D--- agreed to pay $100.00 via cheque in contribution to the damages to Mr. Yap’s vehicle.

Road safety rules failed to be acknowledged:
S.17A Obligations of road users Road Safety Act 1986 Part 3 –Licensing of Drivers
‘A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors, including;
a) prevailing traffic conditions;
b) relevant road laws and advisory signs;
c) physical and mental condition of the driver;
d) level of visibility.’

S.65 Carless Driving Road Safety Act 1986
‘A person who drives a motor vehicle on a highway carelessly is guilty of an offence…’
S.296 Driving a vehicle in reverse Road Safety Act 1986 Part 18-Miscellaneous Road Rules.
‘a) The driver of a vehicle must not reverse the vehicle unless the driver can do so safely.
b) The driver of a vehicle must not reverse the vehicle further than is reasonable in the circumstances.’

S.297 Driver to have proper control of a vehicle etc. Road Safety Act 1986 Part 18-Miscellaneous Road Rules.
‘a) A driver must not drive a vehicle unless the driver has proper control of the vehicle.’
b) A driver must not drive motor vehicle unless driver has a clear view of the road, and traffic ahead, behind and to each side of the driver.’
S.167 Part 12 – Restrictions on Stopping and Parking Road Safety Road Rules 2009
‘A driver must not stop on a length of road or in an area to which a no stopping sign applies.’
S.168 Sub (3) No stopping signs Part 12 – Restrictions on Stopping and Parking Road Safety Road Rules 2009
‘A driver must not stop a motor vehicle on a road within 10 meters from the nearest point of an intersecting road at an intersection without traffic lights…’
S.183 Stopping in a bus zone Part 12 – Restrictions on Stopping and Parking Road Safety Road Rules 2009
‘A driver must not stop in a bus zone unless the driver is driving a public bus…’
S.78 Sub 3(a)Road Safety (Drivers) Regulations 2009
‘The Corporation receives information which discloses or suggests that a person is unfit to drive or that it may be dangerous to allow that person to hold a drivers license, a particular category of drive license, or a learner permit;’
Under division 2 – Variation, suspension and cancellation by Corporation, Mr. Yap has the right to suggest H--- D--- have his license varied, suspended or canceled.