Car Accident, RAA Claiming $4000, No Insurance, Seeking Information

Goliegosh on 29/11/2017 - 16:06
Last edited 29/11/2017 - 17:55

Hi Everyone,

I am currently seeking advice on behalf of a family member who was involved in a car accident around this time last year.

Unfortunately at the time said family member had no insurance and the accident as explained goes something like this

They were travelling down a main road in the right hand land during peak hour so stop start traffic travelling around 50kmh. Family member passed the vehicle (involved in the accident, which was insured and believed to be be the father of the teenager who was driving) and then indicated to move into the left hand lane. Before proceeding, the mirrors were checked and a shoulder check was performed ensuring plenty of room was avalible to merge safely. 10 - 15 seconds later after the successful merging, the traffic slowed and came to a halt. They adjusted their speed appropriately when they were rear ended by the car travelling behind them. The car behind swerved to miss theirs and clipped left hand side of the rear bumper damaging his front right hand fender and light. My family member claims the accident was caused by the other drive whom was distracted by a mobile phone used by his occupying passenger.

My family member has been summoned by the RAA to cover the costs of the vehicles damage which was a Peugeot 1996 306 Hatch. I personally can't see $4000 worth of damage but I am no expert (can provide photos). Family member cannot afford the $4000 let alone taking this matter to a small civil claims court and I was seeking on their behalf information for some more from people who are more knowledgeable on this topic on what they should do.

Thanks for reading.

EDIT 1: Photos of family members car
https://m.imgur.com/a/hGAby

EDIT 2: Photo of other drivers front
https://m.imgur.com/a/tmY40

Automotive

Comments

  • dcep on 29/11/2017 - 16:09
    +4

    not even 3rd part property insurance that costs $200 per year ?

    • Goliegosh on 29/11/2017 - 16:17

      Yes I know, this I don't agree with either, every car on the road should have 3rd party in my personal belief. Since the accident my family member has done the right thing and put 3rd party on the vehicle.

      • dcep on 29/11/2017 - 17:19

        try the no win no fee lawyer

        • Baysew on 30/11/2017 - 11:52

          try the no win no fee lawyer

          Could you name one that handles "crash & bash" damage to cars rather than compensation cases?

  • HighAndDry on 29/11/2017 - 16:15
    +6

    they were rear ended by the car travelling behind them.

    Basically 99.99% of rear-end collisions are the fault of the car behind. So much so that if there were two insurance companies involved, the insurance for the car behind would pay out by default.

    Since they're being sued, your family member probably should get a lawyer, fight the claim and - depending on the facts - file a counter-claim so that the other driver pays for the damage to your family member's car.

    The other option is to just pay $4,000.00 - or enter into some repayment plan with RAA.

    $4,000.00 is below the threshold for small claims, and, English skills not withstanding, small claims can be tackled by a layperson without a lawyer if need be.

  • [Deactivated] on 29/11/2017 - 16:15

    He can't afford to pay the $4000, but he can afford to pay for:

    *Car
    *Car Registration
    *Car Servicing

    If you don't have insurance be prepared for when the gamble doesn't pay off. Here's what he should do. Sell the car, cash in the rego, and pay the $4000 as he is legally responsible and stop trying to wriggle his way out of it.

    • HighAndDry on 29/11/2017 - 16:16

      Do people not read these days?

      when they were rear ended by the car travelling behind them.

  • chumlee on 29/11/2017 - 16:26
    +1

    Hey Goliegosh

    Really all you can do is ask for a copy of the itemized quote and take it around to some panel beaters and see how much it would cost.

    Sometimes they will take a lower amount to avoid going to court so try to negotiate a discount and ask for a payment plan.

    Not much else you can do really. Life is about reducing risk and that's why you should have insurance

  • Seraphin7 on 29/11/2017 - 16:29
    +1

    Option 1 - pay up and move on.

    Option 2 - lawyer up and see what happens.

  • robbyjones on 29/11/2017 - 16:29
    +6

    I don't understand, if they were rear ended how is it their fault, what am I missing?

    • Goliegosh on 29/11/2017 - 16:36

      My family member is uncertain also. Due to it being a rear end accident, they were under the impression it was the other drivers fault and all was sorted. Until today arrived in the mail that they are expected to cough up $4000.

    • original15 on 29/11/2017 - 16:37
      +1

      Car would be claiming they cut them off/merged into too small a gap as cars ahead were stopping that would not allow other vehicles to safely brake/stop. What I'm assuming

    • try2bhelpful on 29/11/2017 - 16:38
      +3

      I agree. This is probably the Insurance company trying it on. I would have a chat to a lawyer, they can probably draft up a letter where the relative can deny all responsibility and see if the insurance company wants to take it further.

    • dcep on 29/11/2017 - 17:19

      the car behind sue the car in front for stopping abruptly causing the car behind to hit the car in front then hit rails.

    • original15 on 29/11/2017 - 20:01
      +3

      Photos don't look like they will support OP

  • tsunamisurfer on 29/11/2017 - 16:36
    +1

    OP…

    If your family member was hit from the rear, it is almost always going to be found in the favour of the car in front.

    However, it could be that the other party has informed their insurance of additional aspects of the case.

    Do you know why the insurance is finding your family at fault, what is the reasoning when you are the one hit from behind?

    Do you have witnesses to back your case?

    It could be that the insurance company is trying to take advantage of your family member due to the lack of your own insurance representation and the language barrier.

  • Randxyz123 on 29/11/2017 - 16:48
    +1

    If they were rear ended either they cut the other car off or it’s the other driver’s fault.

    Now the other driver would have to have some pretty solid evidence for this. Dash cam ? Witness ? Otherwise their insurance would have straight out told them to just lodge a at fault claim as rear enders are usually open and shut cases.

    My family member has been summoned by the RAA to cover the costs of the vehicles damage which was a Peugeot 1996 306 Hatch. I personally can't see $4000 worth of damage but I am no expert (can provide photos)

    Car was probably written off and insured for agreed value.

    I’d strongly encourage your family member to be absolutely sure they didn’t cut the other driver off as gong to court will be expensive. Even more so if they loose.

    Maybe they can call the RAA to ask what their client claimed happened?

    • robbyjones on 29/11/2017 - 17:21

      When you say "summoned" what do you mean? Was it a letter from RAA requesting payment or a legal document? Ask what evidence RAA have that you were the party at fault, send photo's of the damage to your car as if it happened as you say it did the damage wouldn't corroborate their statement of what happened. RAA would be making a claim based on what they have been told,what happened at the scene, did the police come, did anyone swap info, if it was multi vehicle then what does the other party say?

      • Goliegosh on 29/11/2017 - 17:32

        In the letter it states

        'Legal action will be instigated against without further notice. You are to treat this document as a formal notice to sue complying with magistrates court' etc etc

        We are following the rest of this up now I have been In touch with the RAA requesting all information provided by the other party including document, photos, statements. I will be providing them with photos of family members car as you can clearly see it is a rear end collision. It seems (not yet proven) the other drivers is claiming my family has swiped their car. No police involvement (weren't interested when family member went to the station) and details exchanged

  • [Deactivated] on 29/11/2017 - 19:29
    +2

    I thought I'd look at the photos, wondering mainly if it's a front to rear crash. I don't think it helps OP's case that the damage is a merging crash rather than front-rear. If you can prove the lane situation with an independent witness, skidmark or post crash photo it would help your case enormously.

    • original15 on 29/11/2017 - 19:58
      +2

      Just checked out photos as well, definitely looks more like a merge crash rather than front to rear "15 seconds later after successfully merging"….

      • Goliegosh on 29/11/2017 - 22:41

        My family member indicates the damage to the right side was due to other vehicle swerving to avoid crashing their car head on. The witness was his passenger whom my family member claims was getting the attention of the driver behind the wheel on his phone. Also a young cousin was in the car when said accident happened and said that the car was stopped and then we felt a bang.

        • original15 on 29/11/2017 - 23:51
          +1

          Just telling you what it looks like

        • Baysew on 30/11/2017 - 05:46
          +2

          My family member indicates the damage to the right side was due to other vehicle swerving to avoid crashing their car head on

          That would mean that the other car would have had to be almost all in a lane left to the direction they were travelling. At peak hour that would not be possible.

          Also I can't see the angles lining up as described.

          Before proceeding, the mirrors were checked and a shoulder check was performed ensuring plenty of room was avalible (sic) to merge safely. 10 - 15 seconds later after the successful merging, the traffic slowed and came to a halt.

          This seems way to much detail to go into if someone just got "nosed to tailed". Also, your passenger would be facing forwards not backwards looking at some teenager in the other car.

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