Light Collusion. need your exeprtise

accessdenied on 17/01/2015 - 16:10

So I was leaving woolworths after buying some groceries. I reversed my car and the car in the opposite lane reversed her car too. Somehow i believe it was my fault because she honked (she said so) and I couldn't hear it.

Now the damage is minimal. Her bumper came down so its just a matter of fixing it. no colour scratches nothing. Some idiot came up to her and told her that only get it fixed by insurance. I told her the damage will cost less than $100 why do i have to get into insurance trouble. She is adamant that the witness told her to go with insurance. Now am i obliged to go through my insurance or is it my discretion? I was happy to pay for the damage or get it fixed as per her. she was insisting on getting my insurance details.

What do i do? I dont want to pay a $600 excess for a $100 damage. What are my options here?

Appreciate your advices.

Automotive

Comments

  • [Deactivated] on 17/01/2015 - 16:28

    Just ask an insurance employee I was talking with. Its each bares own according to NRMA. Interesting.

    Apparently this ruling is due to you not being able to prove other wise.

    Is there an eye witness or footage? Anything proving that she stopped honked? Or stopped at all?

  • Baysew on 17/01/2015 - 16:40
    +13

    Light Collusion. need your exeprtise

    Best not to involve insurance company if collusion is involved. Even if not heavy.

  • jason101 on 17/01/2015 - 17:44
    +2

    "Collusion" - I was hoping this was a post on Ozbargainers getting together and plotting a price matching escapade on an unscrupulous Hardlynormal franchisee as revenge for a past indifference, slightly disappointed it is about a car accident ;-/

  • Lequ83 on 17/01/2015 - 21:44
    +2
    1. Don't admit liability regardless.
    2. If there is evidence you are responsible for the collision, just ask her to get 2 quotes and forward to you and then offer to pay that amount of money to resolve the situation. IF she wants to go to her insurance company you can't stop that but you can try and resolve this through other means.
    3. Look behind you next time you're reversing.
  • isthisreally_me on 17/01/2015 - 21:49

    Yep you cant stop her from getting her insurance involved.
    However you may want to get your insurance involved if any person claims to have sustained whiplash or similar injuries

  • what on 17/01/2015 - 21:54

    This info from the RACV website might help

    http://www.racv.com.au/wps/wcm/connect/racv/Internet/Primary…

    I do find it unusual that you would have to provide your insurance details because not all drivers have their car insured.

  • indium on 17/01/2015 - 22:34
    +1

    I think you're lucky you hit a car and not a person walking behind your car considering it was a woolworth's car park. Please look through your rear window when reversing in future.

  • NancyCat on 18/01/2015 - 01:20
    +1

    Given both of you were reversing at the time, are you sure you are the only one at fault? She honked while reversing doesn't mean she can hit another car. What did the witness say? Do you have the witness' details?
    Regardless who fault it was, you don't have to go through insurance company. If you have to pay that woman to fix her car, why is it matter where the money comes from. But if you think the other driver is at fault and she deny it, then you may have to involve your insurance company. Good luck.

  • bigticket on 18/01/2015 - 01:48
    +1

    "Somehow i believe it was my fault because she honked (she said so) and I couldn't hear it."

    You would have to be deaf not hear a horn in a car park that is next to you, unless you have a thumping amp. Don't take her word for it. Believe you ears.

    Seriously the fault lies with both of you. Both drivers simultaneously reversed without due care. Think about it, if either of you "looked back", as you are supposed to, before reversing the accident would not occur. Don't admit liability. Each driver should repair their own vehicle.

  • RockyRaccoon on 18/01/2015 - 06:04
    +1

    I agree with others Never admit liability. Its up to the insurance companies to resolve, as already she has involved them, so there is nothing more you can do on that score.

    Also to some extent it depends maybe (I am NOT a lawyer) on who was moving at the time. If you hit her by your car moving while she was stationary, or vice versa. But other factors would come into play.

    I would guess given the value of the damage, if as you say it's only a $100 then if she is claiming on hers then they will probably advise her that it's not worth claiming so no claim would be recorded.

    But as you are not a lawyer and not a smash repairer and not an insurance agent, stop second guessing and leave it to the experts.

    You are dealing with the law, 100's of cases appear each day in courts around Australia. If they really knew what the outcome and the intricacies of the law, they wouldn't even be there as they would know the outcome. And judgements on right or wrong are complex.

    You are obliged to report this to the insurance company just in case and its generally required under the policy conditions. (check yours).

    Then there's contributory negligence. You may be 60% and she might be 40% at fault.

    Whatever we are all guessing, leave it to the experts as they are by her actions already involved. Getting any other advice is just wasting time and liable to cost you more.

  • Lucious on 18/01/2015 - 22:49
    +3

    10 years experience managing motor claims here.

    You were both reversing so are equally to blame for the accident. She says she sounded her horn, however you did not hear it (which is unlikely if she actually did sound the horn). There are also 2 sides to the argument about liability regarding her sounding her horn. She will say you should have heard the horn and stopped. You will say that if she knew to sound the horn, she was aware that you were reversing and should not have continued to reverse. The horn is moot. From the version of events you provided, I do not think you have more liability for the accident than she does.

    As the first post mentioned, there is an insurance industry standard practice when both parties are equally at fault and that is to settle the matter on an Each Bear Own (EBO) basis whereby each party bears their own costs.

    Whether she lodges a claim or not is entirely up to her. Generally repairers will charge more for insurance jobs simply because they know they can so the costs will almost certainly be higher if she does lodge a claim.

    As far as you are concerned, you can lodge a claim on a report only basis and your insurer will likely rebuff any approach that is made without making you pay your excess (at least the company I worked for would not have made you pay your excess).

    Alternatively, if you receive an approach from her insurer, you could simply respond to them yourself stating your version of events (both reversing, both equally liable) and offering to settle on an EBO basis. They may try to hold you responsible once or twice more, but especially for a low value claim, it is very likely they will accept EBO.

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