Car Crash, Any Thoughts?

Recently I've got into an accident.

It was one road going onto 3 roads, I signal and entered the right lane. I noticed this big car coming onto my lane with no signal just swerving into my lane (she claims there was a car coming out of the driveway on the left) unfortunately for me her car was too big to see but I only noticed she was coming onto my lane so I slowed down trying to go behind her to let her through anyways.

So right now her car partially is in front of me and me being at the back on the right side. When suddenly another car has strike me from behind which pushed my car onto the lady's car in front of Me.

After The man with the car behind approached me and said he is sorry and he is at fault and offered cash money instead going through the insurance. The woman popped out of nowhere swearing and claimed I was at fault. Them two then had a little discussion, with me standing scared, coz I'm new on the road just recently got my P's. Then later the guy also then claimed it is my fault too.

The woman claims that I was swerving around then I hit her first, then somehow the guy hit me (not sure if he claims I sudden stopped or so) but that is the case now. The car at the back clearly hit me from behind and for the woman's car on the right end there is straight line scratch and no dent Which is also similar to my car but on the left with just a little dent.

Now both insurance are demanding for me to pay for both car ? I'm new on the road and new to this so I was just wondering what everyone's opinion on this was? Do I have a chance ? Btw I'm third party insurance.

Thank you sorry if it doesn't make sense

Comments

  • +55

    Take it to your insurance company and let them sort it out.

    Thread closed.

    • Third party won't touch it tho?

      • +4

        They won't fix OPs car, but if they believe OPs story, they might tell old lady to jump and say she has to go after Mr Cash.

        • +10

          And in future, don't swirl and drive.

  • +16

    If the guy behind you was wanting to offer cash he is trying to get around the process for some reason. Without knowing much more about it, the basic rule in an accident is that if you hit someone from behind you are at fault.

    By swirling do you mean swerving?

    • Yeah I meant swerving sorry šŸ˜«

      • +40

        You could make a solid argument that the driver in front made an unsafe lane change. The fact that your cars collided side to side supports that.

        The driver behind is definitely at fault for the other collision.

        You can't trust insurance companies to behave truthfully. You need to get your story straight and assert yourself.

        I would be happy to counsel you on this matter, just send me a private message. šŸ‘

        • Sorry it doesn't let me message you privately coz my account is not 1 day old yet. šŸ˜”

        • +1

          @Lalawonderland10:

          Anyone know when a new user can send or receive a private message? After 24 h?

        • +2

          @Scrooge, +1 for always going out of your way to help your fellow ozbargainers :)

        • @Batboy: Agree, good guy Scrooge is definitely a good guy!

          Seriously OP, Scrooge is quite correct. Get in contact… take his advice!

          Your insurance company's objective is to settle at least cost. Who is right and wrong doesn't always come into it, unless Police become involved. You have your provisional license to protect as well as your bank balance.

        • @Batboy: +1 for that and +1 for helping users to improve the English writing skills.

      • If someone hits you from back, they are on fault by default. If someone changes lane and causes an accident, the person changing the lane are at fault. So I am guessing the guy first tried to get around the process by offering you cash first, then he thought the same thing with that lady and offered her something or made her believe you were at fault. Go to your local police station and tell them exactly how it happened As soon as possible! they will tell you exactly who was at fault, and make sure you have already filed a claim with your insurance.

        • Go to your local police station and tell them exactly how it happened As soon as possible! they will tell you exactly who was at fault,

          In the good old days (in NSW) you could call the police if the damage was significant and they'd attend the scene. You could then refer to the police report and any negligent driving or other charges.

        • @Scrooge McDuck: Would it be possible, to remain in the car, and complain about having heard a noise, like a snap, in the neck, at time of collision. This would qualify as personal injury, and the police would be forced to attend.

        • @cameldownunder:

          Sure that'd be possible and the police (and ambos) would be likely to attend. But you should think through all the likely repercussions of such an action.

    • +1

      It gets more complicated when it's a multi vehicle accident.

      Sounds like OP was travelling too close.

      Essentially, very rear vehicle would pay for OP's car, OP's insurance cover front car.

  • I hope you mean third party property and not compulsory third party.

    • Yeah third party property sorry , I'm clueless with what compulsory third party is as well.

      • +3

        in a nut shell
        CTP covers people
        third party property covers "property" [cars/fences/houses/etc]

        in both cases…third party. ie Not yourself

        • -2

          Except if they're cops jumping over fences… Or bikies :)

  • +8

    I am finding what you wrote very hard to read and understand. Let your insurance company deal with it.

    • My bad , I knew it would be difficult to read because I rushed it.

      • +1

        You can use the edit button at the top of the page and write it again.

      • -2

        May be you rushed in your driving as well then?

        • Hahah noo I was at work on my 10 minute break when I wrote it

  • +3

    I am pretty sure if someone hit you from behind, the person is at fault regardless of how badly you were driving. I think there is a good chance you should be able to get out of the damages for the car behind and even get the back of your car fixed. With regards to the lady driver, you will have a hard time convincing the insurance companies the car at the back hit you first as there are two witnesses to the contrary. You probably have to cop the damages for the front of your car and the lady's car.

    • That's what I thought so to. But the guy's insurance is saying I'm at fault for his car. Would there be any scenarios or chances that it would be? The guy is saying he noticed I was swerving and then I sudden stop but wouldn't that mean that he would have time to stop too because he noticed and not hit me. And he hit me straight from the back in middle point. Like infortunately I'm new and they're both full license so the insurance is saying because of that they would be more liable. I read somewhere that there has to be space for the car behind to be able to stop intime ?

      • +5

        Don't listen to the other drivers, they are just trying to intimidate you. Tell your insurance your side of the story and let them work it out.

        Worst case you will need to chase the driver from behind for damage to your car from behind and your insurance will pay for the front cars damage and not the damage to the front of your car.

        Best case is the insurance from the back car will pay for everything to be sorted out - it was his fault for hitting you and pushing you into the front car.

      • +1

        In your case, it is probably best if you get your insurance to argue for you. Just tell your version of the events to your insurer. You will need to pay for your excess anyway, since it is likely that you will need to pay for the damages to the lady's car in front. If anything, your insurance should be on your side, because they are liable to pay the damages otherwise. At the end of the day, you are only liable to pay your excess.

        • My excess is so high almost 4 grand. In my situation of paying 4 grand excess would you consider taking it to court instead ?

        • +2

          @Lalawonderland10: No. Claim on your insurance.

          Now both insurance are demanding for me to pay for both car

          You have two insurance companies after you, claiming that you are at fault.

          You need to claim on your insurance!

        • +1

          @Lalawonderland10: lol that's a pee in the ocean once the smash repair places see insurance on the paperwork. If your found not at fault the insurance shouldn't charge excess I believe (never had a crash) and if you are 4k is much cheaper then paying yourself.

          as my instructor said, never enter until your sure it's safe, 5 seconds longer is better then a crash.

        • +1

          @Lalawonderland10:

          My excess is so high almost 4 grand.

          Are you sure? I that seems AMAZINGLY high.

        • @johnno07:
          Must drive a supercar or be a terrible risk driver

        • +2

          @theraque:

          Or just a P-plater.

        • @theraque: 4k is on the high end, but still reasonable for a P plater.
          Assuming under 25 as well, and <2 years license (I believe it has to be full license, someone correct me if wrong).
          OP may have not even bought insurance under his name (i.e. a parent's to save some money)
          base excess (can be $300-$2000) + inexperienced driver + underage driver + unlisted driver excess

          Easily could attain a 4k excess…

      • +1

        Basically, the driver behind is at fault for hitting you. You are at fault for hitting the back of the demon witch in front. Let your insurance sort it out. Don't accept any fault or responsiblity.

        Write everything out clearly. Do not 'Rush' any of this. Grab images of Google maps of the location of the crash, and try to mock up a diagram of what transpired. Send it all to your insurance, and see what they come back with.

  • +2

    3 way crash, you are at fault for the person in front and the person behind is at fault for yours.

    • Would there be any chance of me being at fault for the guy behind coz him and the lady at front is both claiming I'm at fault for both cars ?

      • Nope because the guy at the back has no 3rd party witness or camera footage. 99% chance if fought at magistrate they will rule person behind is at fault.

        Insurance companies pointing blame isn't anything new, even if they know their client is wrong they are trying to get money. I've recently been in an insurance situation where the other parties insurance were harassing me for money and brought me to the magistrate…except they 100% loss at no fault for me, it's just a bluff tactic.

        • Even if there stories match and all ? thank you so much for your help. I literally got my ps 1 month ago so I'm actually scared and careful going close to cars.

        • +2

          Likely the magistrate will agree the lady only knew of the story upon trading details with the guy at back. And so will throw that out as independent confirmation.

          After all if you had a lawyer, they'd ask how would she know you caused crash from behind if she were paying attention to you from the front/side.

      • And he was not driving with due care.

    • +3

      Well that's simply not true, much more depth to it. I've been involved in 3-car collision also being the middle car, and I didn't pay any excess at all, the person behind was responsible for both mine and person in front's vehicles.

      • I was in the same situation as you and was found not at fault for the car in front. Key was you had to come to a complete stop before you were hit from behind. If you are still in motion then you're found partially responsible for the car in front.

  • +4

    I have a feeling the 2 drivers are friends for some reason and trying to put the blame on you

    • +1

      Unfortunately they became friends. They started talking in their language and then the guy approached me and apologise for the lady's swearing on her behalf. There stories match completely, so strange when the guy didn't even know the lady's car was being hit until she approached.

      • +16

        Plot twist: OP is the victim of a scam targetting P-platers.

        • Haven't there been a tonne of CTP scams regarding this stuff in NSW recently?

      • What nationalities were those two ? ;)

  • +8

    This is why everyone should have a dashcam.

    • +3

      After what happened I've ordered one haha hopefully I would never have to experience this again.

      • Order two dash cams.
        One for the front and one for the rear.

        • Mine keep falling.. So frustrated… Every time I start the car, I have to fix the dash cams

        • my rear cam is mounted on a large plastic lid on the rear benchy thingy so it records upside down but that's easy to fix in video editing software.

    • +8

      Did you even read? Or are your just assuming everyone is at fault for everything?

      Far out you're worser than the preachers on the street.

      • +2

        *worse

        Other than that, I concur.

        • Oops. Pressed too many letters on phone

      • -3

        The person who ran into you should be paying for your and her insurance.

        You are worse than the people who listen to the preachers on the street. Think for yourself.

        • +2

          The person who ran into you should be paying for your and her insurance.

          You're the one who told op he has to pay…

          At least the people who listen to the preachers has listening and reading skills.

        • +1

          @eggmaster:

          I am glad people look at me as a guru of wisdom.

          Who might those people be?

  • There used to be sites on the net where that you could use to make a diagram of vehicle accidents.
    That would make it easier for you to explain how it happened… maybe?

    • +1

      Yes, I'm having trouble understanding if the OP was turning a corner or on a straight road with lanes merging.

  • +2

    Had Third Party Property when I had my first car many many years ago and was in a similar situation but only 2 cars but the other party was definitely at fault.

    I was thinking ok, no worries I will ask my insurer to go after at fault driver for damage to my car as my own insurance didn't cover me.

    Unfortunately they were not interested in pursuing my case or even representing me. So I then had to try and get information from the other party as to who their insurer was and I got this story about them using a broker, etc. Long story short the other insurer just chose to believe their clients version of events so they didn't have to pay me a cent.

    Lesson learnt, always get comprehensive insurance so you have someone in your corner!

    • Wow I'm so sorry to hear that. I hope you're okay throughout that , I'm experiencing similar thing and one thing for sure I would never want to experience it again and I'm getting a Dash Cam for sure haha

      • +1

        I learn't an important lesson and lost the $2k car, never again.

      • Yes, I got a similar case like yours too many years ago, and was on third party property insurance . It was a multi-vehicles accident. I was in front avoding a sudden stop a taxi which later ran away before everyone stopped, and my rear was hit by the back coming car. One would properly think the car behind me was wrong. No, he said he already stopped but his rear was hit too and so his car was made to hit my car. Long story short, no one admitted his fault . I approached my insurance party like CloseR, my insurance refused to take up my case , not a single piece of help. Lesson learnt: always get comprehensive type but with heavy excess esp. if the car values very little say a car more than 10 years old.

    • Unfortunately they were not interested in pursuing my case or even representing me. So I then had to try and get information from the other party as to who their insurer was and I got this story about them using a broker, etc. Long story short the other insurer just chose to believe their clients version of events so they didn't have to pay me a cent.

      You don't need to ascertain who an at fault driver's insurer is. The at fault driver owes you money, regardless of any financial arrangements they may have made, those aren't your business.

      The key is to have the name and address of the at fault driver. You can then send them a letter of demand. Following that, if they are insured they will contact their insurer. That in itself is a hassle and not your responsibility to do. Then their insurer will contact you and you can choose to deal with them if it suits you or the at fault driver directly.

      As much as they'd like you to believe otherwise, insurance companies don't have any extra legal powers to pursue these matters that you don't have. They simply have more resources and experience at underpaying debts and overclaiming credits.

      • +1

        I was 17 or 18 at the time, I remember hearing that I could go to the small claims tribunal to have my case heard. I didn't go down that path and just got on with life.

        • Fair enough. Most people in your situation would feel intimidated and not want to spend the time and effort pursuing it ā€” another source of profit for insurance companies.

  • +1

    Go to your insurance.

    Tell them exactly what happened, from the woman swerving without indicating in front of you.

    Make a police report, with all the details. A false police report has legal consequences, so is taken slightly more seriously.

    Tell them the driver at the rear admitted fault and offered cash.

    With the contributory factors, you should be found not at fault, with the driver in front found to be contributing to the accident.

    Also, why is your excess for third part insurance $4000?

    Did you double your excess to save less than $20 a year?

    • We went to the police station a night ago and they've said that they don't do police accidents report anymore and they don't attend to a crash scene and so on unless it's severe.

      The lady said something like because I'm under 25 and I'm on my red ps it shifts the excess up.

  • +1

    You can lodge escalations with your insurance company and take it up through to internal dispute resolution, and ultimately the F.O.S.

  • +1

    So many accident posts this week.
    As others have recommended in this post and the others, let your insurance deal with it.

    I feel for you as you are getting taken advantage of by these two drivers. They possibly see your naivety (you mentioned you were scared etc). Never show your fear in situation like this. They'll think you are a doormat. Fortunately in this case, the loudest doesn't always win.

    Anyway, tldr: get your insurance to sort it out. That's why you pay them.

  • +1

    Hi there

    It's a bugger dealing wirh insurance. However to give you some comfort

    • don't let the other parties insurance agencies intimidate you - stand your ground and realise they are there to do that and it is their job. Ask these people to speak to your insurance company.
    • I agree with the others, hit from behind it's not your fault, it's the guy behind you is not maintaining a safe distance.
    • if the other two drivers were colluding let the insurance know. It is possible they live so far away from each other and have no other relationship that they are just trying to take you for a ride.
    • ensure you've got your facts straight as others have said so you can write a comprehensive and understandable report
    • explain to your insurance company the situation and let them figure it out and deal with the other partys' insurance companies
    • if you're really worried it could be bad seek legal aid - it's free and the people will be able to give you a straightforward opinion.

    And when this is all over realise that comprehensive insurance is the way to go. Owning a car isn't just the cost of buying and maintaining the car, the right level of insurance is a big part of it too. A dash cam wouldn't stop the problem because it wouldn't take the pic from the back unless you've got two cams - one in front and one in back.

    I realise it's not a pleasant experience at the moment however it will teach you to deal with situations like this in the future. Mark it down to a learning experience. Good luck with it all.

  • The driver at the rear is ALWAYS at fault, if you were pushed onto another vehicle it means the driver behind you was following too closely and didn't allow himself adequate time to stop. https://www.qld.gov.au/transport/safety/rules/road/distances

    • It isn't relevant in this instance, but the driver at the rear isn't always at fault in Qld.

      When doing a uturn you have give way to all cars and pedestrians, which we discovered includes cars behind you. That means if someone runs up the back of you while you are doing a uturn, it is your fault. I only know this cause it happened to my OH. Seems pretty silly to me.

      https://www.qld.gov.au/transport/safety/rules/road/traffic-lā€¦

      For this reason I tend to avoid uturns where possible.

      I agree that the rear driver in this accident sounds responsible.

  • +2

    A->B->C

    C is car at front, you are b, a is Man who bummed you

    If a hit you then you hit c, entirely his fault
    If you hit c then a hit you then your fault to the person in front of you

    Relax get your insurance company to sort it

    • a is Man who bummed you

      The plot thickens. šŸ™ˆ

  • -5

    It sounds like you are at fault

    • You sound like a troll.

      • -1

        I was being serious

      • He must be the car driver who hit from behind

        • He failed to give way, which trumps all
          This is why the insurance companies said he was at fault

          Source: I used to work in the insurance industry

        • @nobarginsarehere:

          Source: I used to work in the insurance industry

          Were you the receptionist or cleaner?
          I hope you never had to read and assess the accident files.

  • +1

    The fact you didn't take any photos or recording is one of your biggest mistake!
    Forget going to the police because if no one dies or hospitalise, they really don't care. Also delays in your repairs because insurance then have to wait for a police report before they can proceed and that could take months.
    Invest in a decent dual dashcam or at least front one.
    You can still drive around with 3rd party but when shit hits the fan, you need to know what to do.
    If you cbf then cough the $ and get full cover. Still doesn't mean you slack off on what you need to do when accidents occur.
    Don't assume everyone will do the right thing on the road, biggest mistake thinking everyone is honest and will admit fault.

    Going by your story the guy that hit you is at fault and has to pay for both yours and the car in front.
    Assuming it will go smoothly it will all come out of his insurance.
    But if the back car has no insurance, the lady's insurance will come after you.
    And then you are left to deal with the no-insurance back guy (assuming he has none).
    If he has insurance, then you should be chasing it up with him assuming your insurance won't help you in that regard.
    If he refuses to tell you his insurance, then it's going to be a long winter for you

  • I would always, at least, have third party property to cover other drivers if you hit them. (I think that cover should be compulsory like third party) Comprehensive insurance is when you think the premium is worth paying for a number of years or you are willing to cover the cost of replacing your car. In our case the insurance company we were with wanted roughly $800 to cover the cost of a car that was lucky to be worth roughly $7000. We can cover that cost ourselves. The only other reason to keep it is to ensure you keep a rating one for buying a more expensive car later on.

    I agree with others, even though you will be paying the excess get everything written down and then go to your insurance company to get this sorted. Explain you think the two of them might be colluding with a hint this accident may have been a setup. The insurance companies might look further into their past claims. This is also a reminder to everyone to take lots of photos, including ones of the people involved, to indicate exactly what happened. (You need the people's photos as well to ensure they can't deny they were driving the cars).

    Best of luck.

  • The driver who hit your car from behind, has to take the lion's share of the blame for the accident, as he did not leave enough room between his vehicle and your vehicle (e.g. the inference here is that he was tailgating) You need to report this accident to the police and then get both drivers details and report this accident to your insurance company. I suspect that the accident between yourself and the lady driver, you will have to accept some responsibility for your car hitting hers.

    However, I would make it very clear to your insurance company that the driver who hit the rear of your car, accepted initial liability and attempted to pay you with cash (this is a big no, no and your insurance company and his insurance company (if he has insurance) needs to know about this. The fact that he attempted to bribe you with money is an indicator that he is aware he is at fault and accepted liability at the time of the accident.

    Finally, get full comprehensive insurance. If you cannot afford a lot and don't own a flash car, there are insurance policies that are affordable. One company that provides full comprehensive insurance for around $5.00 a week, is IAG INSURANCE. It is run through Good Shepherd Microfinance (the same people that the NILS and Step up Loans for low and middle income persons) They will insure a car up the value of $8,000.00 for around $5.50 a week and this money can be taken directly. out of Centrelink and or austudy payments (e.g centapay)

    Also buy a crash cam for your car. (Front and rear ones are best) but if you can't afford that, just get a front cam (they start at around $29.00) that will record any crash from the side or front of your car. (Most) also have audio pick up, so they will record audio conversations as well, which is helpful if an errant drivers saids one thing to you at the time of an accident, and then completely denies being involved at a later date.

    Good luck.

    • honestly i don't think the fact the other driver tried to pay OP off makes any difference, as far as the insurance company is concerned. They would only go with hard evidence. Sympathy is a luxury to have when money is involved. That's why they have something called law which is enforceable.

  • +1

    when you are on the road, stick to your road rights such as keep the lane you are in no matter what. Because if you try to avoid things by putting yourself at danger, and being polite while giving away your road rights, if things happen like what you described, you are to be blamed by the evidence. No one can prove your 'good' intention as all people could see is the scene which is hard evidence.

    • This.
      So many people swerve (or swirl) to avoid an accident. But end up hitting someone else or damaging their car in the process. And the driver who caused it drives off scot-free.

      the only time you should consider giving away your road rights as the above post mentions, is if you're about to hit a pedestrian.

      • +1

        It is almost as if people should just be more patient and drive at lower speeds….

        • Driving at different speeds and unpredictable driving is what causes accidents. Bring on driver less cars.

      • I concur. Pedestrian is vulnerable on the road so if you are about to hit someone, take measures to avoid that. loss of life supersedes your financial suffering.

  • Lol can't understand the situation from your words unfortunately. I'm a bit confused.

  • -1

    Now both insurance are demanding for me to pay for both car ?

    Ok so you have your answer….. Yours and theirs both say you're at fault.

    • Not the OP's. The guy behind and the woman in front. Of course their insurance companies don't want to pay if they can pin it on someone else. He's not at fault for the guy behind at least.

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