Car Crash, Any Thoughts?

LLalawonderland10 on 01/09/2017 - 08:46
Last edited 05/09/2017 - 09:39 by 1 other user

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

Automotive

Comments

      • JimmyF on 03/09/2017 - 17:49

        Then what is the OP insurance company saying then…..?

  • Herbse on 02/09/2017 - 16:55
    +3

    Dashcams need to be mandatory

    • SPCTRE on 02/09/2017 - 23:13
      +4

      Minimum 3rd party insurance should be mandatory.
      Too many uninsured shitboxes out there that don't care what they hit because you can't chase someone who on the welfare or pension.
      Unless your happy with a $10/wk over 5years arrangement.
      And they would probably stop paying after a couple of months.
      Want to chase it up in court because they miss a few payments?

      • Scrooge McDuck on 03/09/2017 - 15:25

        you can't chase someone who on the welfare or pension.

        Actually, the court can have part of their payments garnished and paid to you.

      • Euphemistic on 05/09/2017 - 12:01

        I'm not sure making 3rd party insurance would help much. It would add a significant cost to rego which is already a burden for many and you would probably end up with even more unreg drivers on the roads.

        I agree that everyone should have it, but at the end of the day having your own comprehensive will cover you in the event someone else is not insured.

        • tomsco on 05/09/2017 - 13:19

          probably end up with even more unreg drivers on the roads.

          Police tech seems pretty good a licence plate recognition these days, surely it could be fairly quick to get them off the road.

          It would add a significant cost to rego which is already a burden

          Look, I'm not one for beating people when they are down, but driving is not a right. If you can't afford it, than there are other options.

          In saying that, I understand why the Govt may feel it is not necessary to mandate (vs CTP) - their concern is with the health of living beings, not private property.

    • yahoo on 04/09/2017 - 19:41

      true true

  • [Deactivated] on 02/09/2017 - 18:44

    Assuming you are in Victoria:

    • Police will not get involved because there is no injury.
    • Whoever hit you from the rear is at fault
    • Whoever's lane was finishing and changed lanes and hit someone else, is at fault
  • cockneylondoner on 03/09/2017 - 00:55

    It's good to see the amateur lawyers are here to give advice - lol
    The moral of the story is to ensure one's back side is covered at all times, so here are a few pointers.
    1. Make sure the car is roadworthy and the rego paid. 2. Take out proper worry-free insurance. 3. Ensure you and all passengers are wearing seat belts 4. Instal a car cam and make sure that it's recording whenever you drive. 5. Carry a cheap camera or a phone with a built in camera and that the batteries are good. 6. Carry paper and pen for note taking and/or backup.
    When involved in an accident.
    1. NEVER EVER ADMIT LIABILITY, even if you think the accident was your fault. 2.NEVER accept an offer to settle outside of insurance. 3.Phone the Police and ask if they wish to be involved as you have no knowledge whether the other party is insured or not or whether at that stage anyone has been injured (there could be internal injuries). 4. Ask the police for an incident number or some form of reference number that confirms they have been contacted 5. Take details of the other party(s) name/address/vehicle make, model and registration. 6. Make a note of the address of the accident with time and date. 7. Preferably take video/photographic evidence of the scene of the accident, any relevant road signs and/or road layout, the finishing position of the vehicles and the damage to each of the vehicles 8. Make a written note of the major points if video/photo evidence won't be available. 9. Arrange for your vehicle to be taken away if it is undrivable or could be classed as being in a condition that could cause injury to others.
    After the accident.
    1. Notify your insurance company as soon as possible. 2. Fill out a claim form if the insurer requires one. 3. Send any video/photographic evidence to your insurer, keeping a copy for yourself. 4. NEVER reply to any letter from a third party, other than perhaps from the police, but send them to your insurer to deal with. For your safety photocopy the letters and your covering letter, which you should keep.

    In the case you have written about, as you say that you have/had third party insurance, and by that, I mean beyond CTP, then any costs to the third party(s), IF ANY, should be met by your insurer. What won't be automatically covered are the costs relating to the damage of your vehicle which I would suggest you use a specialist claims company to recover for you - good luck!!

    • dji1111111 on 03/09/2017 - 08:46
      +1

      good luck trying to get the police to attend the scene of an accident. unless someone's been injured or it is a major accident, they will not give a crap and tell you to sort it out through insurance.

      • Iwantthatbargain on 03/09/2017 - 15:03

        US Police attend the accident, I don't know why Australian Police don't do this

      • cockneylondoner on 03/09/2017 - 19:21

        That may well be the case but what I was saying was that one should cover one's rear end and be able to demonstrate that. If they refuse to be called out at least it can be said that you at least tried and asking for an incident number, whether they'll give one or not would probably be debatable, would at least reinforce that. I presume that all calls to your emergency services are recorded so at least they'll be proof of your call, and their response.
        On your other point, who knows what injuries would be sustained in an accident. Just because there's no sign of blood or
        an apparent bone fracture doesn't mean that someone hasn't been injured and it goes without saying that if there's any doubt then one should get medical advice/treatment a.s.a.p.
        As an added point, who is to say that the accident wasn't caused by dangerous driving, or some other motoring offence, which the police should pursue - they can't do that without seeing the accident for themselves and should a prosecution be successful against the other driver that would reinforce your argument that the accident wasn't your fault.

        In these days you trust nobody and thinking that others will do the right thing puts you onto another planet. Insurance companies are in the business to make money, thats all. Someone making a claim reduces how much money they make and if they can get away without paying out, or at least reducing their outlay, then they are laughing. You should always remember that!!!!

        • dji1111111 on 03/09/2017 - 22:31

          it won't matter one iota to an incident such as this whether you tried to contact emergency services.
          Just know that police is not really what you think they are. they are usually not interested in helping people despite their BS that they are there to serve the people.
          Their go-to line is "It's a civil matter and we won't get involved". Funny since police in many other countries often do help out with sorting out civil matters.

          Yep I've had a numerous personal experiences where they flat out refused to help. eg. when a crazy group of teeangers threw a beer bottle at my car while doing 100km/h on the freeway. "Sorry, can't help you since you have no evidence"
          When I got rear ended and the other driver removed his number plate before doing a runner. "You've got his rego. just lodge an insurance claim"
          There are more. Australian police is useless except for hiding behind trees and raising revenue

        • SPCTRE on 04/09/2017 - 01:09
          +1

          Agree police will not help with civil matters unless death or injury are involved.
          Mate had his car reversed into while he was out on the pier fishing.
          Lucky someone witnessed it happen and wrote down all the details to leave on my mates wipers
          He came back with a smashed front end.
          Went to the cop shop to report of hit and run with all details: witness details, witness account of event, car make, model and rego.
          Couple weeks later he went back to enquire about the progress.
          Was told that the person in charge of his case is currently on leave ATM.
          After that he just heard more BS reasons why he can't contact them.
          Currently out on duty ATM, called in sick today, already finished his shift today, it's his day off today, been relocated to a different branch for a few weeks etc
          Went to another cop shop hoping they would do a better job.
          "Sorry mate you said you have already reported this to another branch and they would have assigned it to someone to deal with it. Can't help you"
          After 3 months of run arounds his ended up fixing it himself.
          Never heard back from them again and still waiting 8 years later

        • dji1111111 on 04/09/2017 - 10:49
          -1

          @SPCTRE:

          Spot on. Anyone expecting a different response from Australian police has been watching too many overseas TV/movies.
          Don't waste your time with the police. they don't do jacksh*t with these matters. They are too busy catching people doing 5-10km/h over the speed limit and catching a few criminals here and there during their spare time.

        • cockneylondoner on 05/09/2017 - 22:42

          @djc926:

          Whenever I've shown an interest in the Australian Legal System I have always been told that it is based on the British system but clearly from the remarks here this 'basis' doesn't seem to extend to the Police having a legal requirement to investigate all reported incidents (or do they and need to be reminded of it).
          If the police are 'cherry picking' how they do their job then this should be investigated and not left to seeing the job done properly solely when media camera's are on the scene.
          With regards to having the 'run around' why didn't that person write to someone in seniority (I have to put it that way because you have different rankings than we do in the UK) asking what is happening with the matter you reported.
          Remember, the police are paid servants of the state and are funded from taxes.
          As always, put everything in writing, including any reply you may make, and keep copies.

  • subroc on 03/09/2017 - 02:06

    So was the lady in your lane and directly in front of you? Or was she still next to you at that point and trying to cut you off in your lane?

  • mezje on 03/09/2017 - 13:59
    +1

    Driver at the front did something unexpected, you acted accordingly but car behind did not leave enough space to stop in time, they are ultimately at fault, as the car at the rear normally is.

    Explain this to your insurance. Don't mention you are new/scared etc. Make it loud and clear you are not at fault.

  • laycrq on 04/09/2017 - 00:11
    +1

    When I read op's story, your comment is what I felt too.

    "Driver at the front did something unexpected, you acted accordingly but car behind did not leave enough space to stop in time, they are ultimately at fault"

    Hope op will see your comment and possibly it would op out.

  • Lalawonderland10 on 04/09/2017 - 18:49

    Update on the situation. (My insurance called her insurance- front car) The woman claims to her insurance that I swerved and Hit her first, then I tried to seperate my car from her car by reversing…. hitting the car behind me. Im in shocked right now of how untrue and cruel this has turned out.

    • clement1986 on 04/09/2017 - 21:22

      Mate. Write a statement, send the evidence such as photo/video, then leave everything to your insurance company, i mean everything. or tell your insurance company you will change to another one if they cannot do their job.

    • tomsco on 05/09/2017 - 09:20

      Hopefully the assessment can identify that the damage to your rear is from forward movement of the rear car, and not from you reversing.

      Once that part has been identified as a lie, hopefully this will discredit her other claim.

      I think this is the thread Scrooge McDuck has offered to help you on this matter, but if you do need any assistance with wording your statement, I'm also happy to assist.

      • kiitos on 06/09/2017 - 12:14

        Can they make that distinction in a crash?

        • tomsco on 06/09/2017 - 14:12

          TBH, I have no idea.

          They may be able to identify based on the impact whether it was from a forward force or a reversing force, but I'm no engineer.

  • icejester on 16/09/2017 - 00:34

    They are trying to trick you through lying
    You need to tell the right story straight up and stick to it
    Her story is ridiculous as it is plain stupid.
    Offer a statutory declaration to the insurance company your version and ask the woman to do the same. She won't because she will be breaking the law.

    Don't let them push you around.
    They can tell you're new so they are messing with you.

  • Baysew on 28/09/2017 - 09:52

    Any update on this?

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