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Shoey

az supporter
Joined: Mon Aug 22, 2011 1:07 am Posts: 112 Location: Geraldton WA
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 Posted: Wed Aug 31, 2011 7:40 am |
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At the moment I am selling a car and was just wandering if it is covered if someone takes it for a test drive and crashes. Are they legally responsible to cover the damage or am I just left with it?
Probably a stupid question, but thought I would throm it out there.
Cheers
Shoey
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ajsr

az supporter
Joined: Sun Dec 28, 2008 10:30 pm Posts: 3712 Location: melb
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 Posted: Wed Aug 31, 2011 7:44 am |
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person driving is responsible, but you may have fun getting cash from them.
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Shoey

az supporter
Joined: Mon Aug 22, 2011 1:07 am Posts: 112 Location: Geraldton WA
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 Posted: Wed Aug 31, 2011 7:53 am |
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That's what I thought.
Cheers
Shoey
_________________ 2005 Jimny "PaPa Smurf"
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harvs

az supporter
Joined: Sun Aug 07, 2011 10:31 am Posts: 192 Location: Newcastle
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 Posted: Wed Aug 31, 2011 7:53 am |
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Legality has almost nothing to do with it... As ajsr said, if they just walk away what are you going to do about it? Hire a lawyer, take them to a civil court? No chance of it being worth it unless it's worth many tens of thousands...
This gets discussed a lot more with bikes because of the higher likelihood someone will drop it. Essentially there's no risk free way that will also appeal enough to a buyer (e.g. one method is to take a deposit prior to test drive, but if I was the buyer I'd be extremely suspicious and walk away.)
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neofitou
Joined: Wed Mar 24, 2010 10:30 pm Posts: 1088 Location: Melbourne
Vehicle: 00 Jimny, 63 Haffy
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 Posted: Wed Aug 31, 2011 8:00 am |
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I'm always covered for extra drivers and before they drive it I tell them how much the excess is they will have to pay if they damage it, and take a photo of their license.
No body had ever minded.
Also, the Insurance Company will probably help you out recovering the the money, you would just send them a stat dec of what happened with the pic of their license and ask them to send them the bill for the excess. then the legalities become easier.
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whincup

az supporter
Joined: Sat Apr 17, 2010 11:30 pm Posts: 1588 Location: Gracemere, QLD
Vehicle: '94 suzuki maruti
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 Posted: Wed Aug 31, 2011 8:21 am |
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tell me if im wrong since ive never had to go to court, but as far as i was aware, if you take someone to court and win, they have to pay all legal costs on top of whatever they then owe you.
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harvs

az supporter
Joined: Sun Aug 07, 2011 10:31 am Posts: 192 Location: Newcastle
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 Posted: Wed Aug 31, 2011 8:32 am |
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Yeah I recon you can claim for legal costs as well. If it all goes well... Not sure how much of it though.
I also have never had the experience. But for other's I've known that have used the legal system for small buisness claims, it would have been better for their mental health just to accept the loss.
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nato78

az supporter
Joined: Fri Apr 09, 2010 11:30 pm Posts: 1504 Location: Auckland, NZ
Vehicle: Yamaha scooter, 50cc
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 Posted: Wed Aug 31, 2011 8:59 am |
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They only pay legal costs if that is part of the court order, if not it's out of your pocket
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gregwatkins75

az supporter
Joined: Mon Oct 25, 2010 12:13 pm Posts: 1334 Location: WeSt RaDeLaIdE
Vehicle: Suzukiless these days..
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 Posted: Wed Aug 31, 2011 9:50 am |
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Pretty sure, it all depends on your individual insurance policy...I checked mine when selling a previous car for the same reason.
CGU do not and will not cover cars that are being test driven by an unknown buyer, regardless of if you have additional drivers on the policy or not....
Additionally how are you to know if the test driver has any drugs or alcohol in there system??..........Most policy's include a clause insurance void if driven under the influence of any substance
_________________ goddamitmyspacebarsbrokenagain
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sogone

az supporter
Joined: Mon Oct 25, 2010 11:29 am Posts: 2070 Location: Darwin
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 Posted: Wed Aug 31, 2011 10:41 am |
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My insurance doesn't cover the car if it is for sale and anything happens to it. Wether it be fire or theft or if I stack it. If they catch wind your trying to sell they will refuse to pay you out.
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royce

omnipotent being
Joined: Sun Jun 11, 2006 11:30 pm Posts: 17216 Location: Pluto
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 Posted: Wed Aug 31, 2011 10:48 am |
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Ask YOUR insurance company
If its a concern for you, you take the buyer for a test drive, if they seem interested and perhaps you have already talked a price then let them drive with you in the passenger seat, perhaps only in quiet streets.
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shakes
Joined: Sat Apr 10, 2010 11:30 pm Posts: 4895 Location: Northcote
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 Posted: Wed Aug 31, 2011 10:55 am |
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sogone wrote: My insurance doesn't cover the car if it is for sale and anything happens to it. Wether it be fire or theft or if I stack it. If they catch wind your trying to sell they will refuse to pay you out.
wtf? who is your insurance co?
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sogone

az supporter
Joined: Mon Oct 25, 2010 11:29 am Posts: 2070 Location: Darwin
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 Posted: Wed Aug 31, 2011 11:35 am |
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neofitou
Joined: Wed Mar 24, 2010 10:30 pm Posts: 1088 Location: Melbourne
Vehicle: 00 Jimny, 63 Haffy
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 Posted: Thu Sep 01, 2011 6:41 am |
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I would avoid budget or justcar or any of those "budget" insurance companies
Shannons all the way for me. It was cheaper than budget direct for the pajero, and budget wouldn't insure the zuk due to modifications.
With one of those cheap providers,
When my wife had an accident, not her fault they wanted me to get a report of all of MY fines etc to see if we there were any that were more than 15kph over the limit so they could void our policy, so I got the report, I had to go to the sherif to get the details as they were so old.., photoshopped it, then sent it to them. Two can play at the screw you game.
I changed the paj to Shannons with the zuk as soon as the period I had paid for ran out.
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remydog05
Joined: Sun Nov 23, 2008 10:30 pm Posts: 1260 Location: Vic
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 Posted: Thu Sep 01, 2011 11:07 pm |
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neofitou wrote: I'm always covered for extra drivers and before they drive it I tell them how much the excess is they will have to pay if they damage it, and take a photo of their license.
No body had ever minded.
Also, the Insurance Company will probably help you out recovering the the money, you would just send them a stat dec of what happened with the pic of their license and ask them to send them the bill for the excess. then the legalities become easier.
Good Call!
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Reubs
Joined: Wed Sep 09, 2009 11:30 pm Posts: 1522 Location: Brisbane
Vehicle: SJ80, SE416
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 Posted: Thu Sep 01, 2011 11:15 pm |
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neofitou wrote: I would avoid budget or justcar or any of those "budget" insurance companies Shannons all the way for me. It was cheaper than budget direct for the pajero, and budget wouldn't insure the zuk due to modifications.
You do realise Shannons and Just Car are the same mob?
They are both part of AAMI and (last time I dealt with them) shared the same call centres and strangely enough the same incompetent complaints department IMO.
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