Minor Fender Bender Car Accident Involving Pregnant Woman

hongas on 02/03/2017 - 19:04
Last edited 02/03/2017 - 20:05 by 1 other user

HI Guys, long time OZB-er

I just want to ask legal liability of the accident causing driver?

no fault accident with pregnant woman.

Driver 1 = Vehicle 1 (pregnant (27 weeks) woman driving)
Driver 2 = Vehicle 2 (not so observant man)

Vehicle 1 got side swiped by vehicle 2 where he should've gave away coming out of T-junction road. The broken lines on the road at the end of the road (Driver of Vehicle 2 fail to see the Vehicle 1 & FAIL to give away.

Driver 2 have admit that at his fault not seeing the vehicle 1 when Driver 2 were turning into the road.

and this is where gets tricky.

less than 48 hours pregnant women ends up in the Emergency department (maternity ward); pregnancy complication arise and 80% chance of having premature baby (no health insurance)

additional note: Both Drivers are with SAME insurance company.

Question.

  1. Can Driver 1 ask for insurance company for hire car? while car getting repaired? even though did not choose hire car option when joining the insurance?
  2. What compensation can ask to Driver 2 (or insurance company) in regards to the possible medical cost due to the premature baby complication?

I am sorry if question is not clear…? trying to ask for a friend.

Thanks.

any constructive comment would be very appreciated.

Automotive

Comments

  • Car-la-la on 02/03/2017 - 19:11
    +6

    Just cough up and pay for the woman's hire car - you're at fault and have perhaps contributed/caused her serious pregnancy complications.
    paying for a hire car is really the last thing you should be worried about

  • psyren89 on 02/03/2017 - 19:13
    -5

    Driver 2 have admit that at his fault

    If there's evidence of this, insurance will not cover him.

  • hashtagbargain on 02/03/2017 - 19:43
    +5

    Asking for a friend huh, sure :)

    • Marcsie on 02/03/2017 - 23:08

      Oh yeah, as always :)

  • spackbace on 02/03/2017 - 19:50
    +9

    additional note: Both Drivers are with SAME insurance company.

    Go through insurance, let them deal with it (all of it!)

    /thread.

    • PVA on 02/03/2017 - 20:07
      +5

      exactly.

      I dont understand why people get so involved. You have had an accident, no matter what happened let your insurance deal with it all. you dont need to know anything except pay for the excess when you pick up you repaired car.

  • AdosHouse on 02/03/2017 - 20:17
    +1

    1. I believe the answer is no, has to be on your policy to be covered. But I have heard that you can claim it on their insurance policy, but you have to pay, and claim reimbursement from the insurance company. A quick call would clear his up faster than asking here.

    2. If she has no Private Health, than everything is covered under the public system, hence there are no costs. If she does choose to use another doctor or something, and does get some bills, then she can claim through the "Guys" CTP. That's what it is there for. Though she would have to prove that the premature birth is a direct cause of the accident and not coincidental. I don't consider a side swipe a big accident, unless you mean side collision, so good luck to her.

    Either way, as others have said, put it to the your insurance policy and let deal with it, that's what they get paid for.

  • mskeggs on 02/03/2017 - 20:20
    +2

    Was the pregnancy a result of the accident?
    Otherwise I'm not clear how this is related

    • spackbace on 02/03/2017 - 20:30
      +1

      Stress of the accident could've brought on early labour. Not sure if it has already caused issues

    • resubaehtgnolhcs on 02/03/2017 - 20:30
      +2

      Was the pregnancy a result of the accident?

      Don't some people claim that their pregnancy was an accident? ;)

    • prinsenhof on 02/03/2017 - 21:27
      +2

      You mean they hit each other so hard that she became pregnant ? They should have been more careful and put deep-heat on their airbags

  • bod311 on 02/03/2017 - 20:59
    +2

    1. Yes. If you are negligent then you are required to restore someone to the position they were in before the accident (i.e. having a car to drive).

    2. What state did the accident occur in? In almost all states this is a CTP insurer matter and they will be covered for any reasonably incurred medical expenses a consequence of a not at fault accident.

  • Grayfox on 02/03/2017 - 21:59

    Driver 2 needs to contact their insurance and let them deal with it. If no insurance then speak to legal adviser.

  • [Deactivated] on 02/03/2017 - 22:19

    Ok why would you care if Driver one asks for Hire Car? If you have not paid for hire car option why would you get hire car?

  • minniethemoocher on 02/03/2017 - 23:02
    1. Driver 1 can ask for car hire, they should talk to the insurance company, nothing to do with driver 2. If driver 1 contacts driver 2 wanting them to pay driver 2 needs to refer driver 1 back to insurance company.
    2. Generally these things are covered by medicare or private health. If extra costs are incurred not covered that is due to the accident I would suggest to seek legal advice. In Victoria TAC (for example) is set up for medical costs due to car accidents, I have no idea if this would be covered in this scenario.
  • [Deactivated] on 02/03/2017 - 23:41
    +1

    My armchair verdict on the premature baby costs is: lawyer's picnic. Lawyers will love being on either side of a grey situation. I think 48 hours after a standard bingle is a weak case, but the prem costs might be huge and pursued strongly. ( I also think having a baby without health insurance is nuts.)

    • moar bargains on 03/03/2017 - 13:26
      +3

      I also think having a baby without health insurance is nuts.

      Really? I think you might be on the wrong site…
      Despite complaints, the Australian public health system is arguably one of the best in the world. Sure it's not perfect, and might be strained, but compared to a lot of places, it's pretty good.
      We had a baby entirely through the public system, and were out of pocket ~$250 for an ultrasound. Medicare covered everything else.
      Friends of ours on the other hand, had private health, and were left ~$7,000 out of pocket on top of their premium. Sure they got to choose their doctor (but we wouldn't know Bill from Bob anyway, so I don't see this as a big advantage), and she stayed in hospital 5 days rather than 40 hours, but on balance if you're reasonably healthy and not in a risk category, what's the point? Where I live, if there's any complications you're going to end up in the public hospital anyway as only they have the specialist equipment.

  • Peter Enis on 03/03/2017 - 20:34

    This is quite simple (30 seconds on Google gave me the answer - is it really necessary to jump onto OZB every time someone has a car accident???)

    Driver 1 and Driver 2 exchange insurance details. If there is going to be a personal injury claim then CTP insurance details will also need to be exchanged. The person injured, or their representative, makes a claim against the other parties CTP (other party need not get involved other than providing details of the accident and who their CTP insurer is).

    END OF STORY.

    Hire cars, pregnant women, same insurance companies etc - NONE OF THIS IS RELEVANT!!!

    2 insured cars collided = exchange insurance details and move on. Let the insurance companies do the rest - isn't that what we pay them for?

  • whooah1979 on 03/03/2017 - 20:57

    Driver 1 = Vehicle 1 (pregnant (27 weeks) woman driving)
    Driver 2 = Vehicle 2 (not so observant man)

    both of these details are irrelevant to the cause of the collision.

    the driver of the vehicle that caused the collision must initiate a claim with their insurer and pays the excess.

    the icwa may cover the drivers and their passengers that may have been injured as a result of the collision. however, the injured party must provide documentation directly linking the injury to the collision.
    http://www.greenslips.com.au/ctp-insurance-wa.html

    The ICWA covers owners and drivers of vehicles registered in WA for the cost of claims against them for death or injury caused by their negligence. The insurance applies in any part of Australia and is subject to warranties and conditions. The scheme is fault based so that an injured party must prove liability and establish negligence on the part of the driver or owner of a vehicle.

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