[RESOLVED] Recently Involved in a Car Crash but Uninsured

Hi guys,

I've recently involved in an accident and really need your advice as a way of preparation before things start going unfavorably for me.

Here is a summary:

  • I drove a Audi Q3, which belongs to my friend, who unfortunately did not buy any insurance (Yes I know, right !!!).
  • The other driver, who drove a Holden Cruze, had comprehensive insurance with Eric Insurance.
  • The incident happened at a petrol station where we were both trying to exit on the drive way.
  • Usually I would queue up and exit the station one by one, however, there was a large amount of space on her left hand side and because of the fact that she didn't not put on her signal light + it was possible to turn right from the drive way -> I decided to pull my car to her left, side by side.
  • We both tried to turn left to exit from the drive way -> I stopped immediately after realizing she was turning left on to me. However it was too late and we had a collision on my front right. She had a much heavier damage including 2 left doors, 1 rear left quarter panel & 1 rear bumper.

Luckily I had the full footage of what happened thanks to the kind servo manager - link of the footage - updated to actual speed

Let me know your opinion in this circumstance and comment the reason for your vote. I would also greatly appreciate if any one has experience in this kind of situation can share the possible outcome that I may face.

I have a feeling that this will be a lengthy process going back and forth with their insurer.

Edit: Can now confirm the video was 2x speed. Video duration was 21s but actual footage shows 42s of recording time. That means i waited twice as long, drove half as fast, proceeded with more caution while the other driver had 4s intead of 2s chance to turn left with more chance of checking blindspot but didn’t. Thanks viper8548 for the tip to check the video speed.

Edit 2: Video reposted with actual speed - so for those with faster fingers than brains, I drove at a normal speed, waited 6 secs before proceeding to crawl forward after seeing the other driver proceeded rightward. The video now showed clearly the other driver changed her mind at last sec and hit me while I was stationary (I stopped and she hit me)


UPDATE: Just had a call from the insurer confirming the following:

  • Their client was AT FAULT for not indicating and for not checking blind spot when turning.
  • They believe I did contribute to the accident in certain extent.

They offered Each Bears Own at this stage - however, are willing to consider some small compensation amount after I have my car checked out at their authorised repairer. I did make them confirm their offer because I didn't want them to turn around and settle by 50-50 as the other car's damage costs $8k to fix while mine is probably $2-3k.

I would like to thank those who have judged the situations fairly and given your opinions only based on only the facts - It's been a great help for me to gather up the reasons to stand on my feet against the insurer. For others, who have made stereotype comments based on your prejudice about people driving nice car, people that drives without insurance etc., I hope you know what to do next time, because everyone is DIFFERENT.

Poll Options

  • 510
    I was at fault and will be paying for both cars' damages.
  • 165
    The other driver was at fault and her insurer will cover both cars' damages.
  • 5
    The other driver was at fault and her insurer will cover only her car's damage.
  • 138
    Both drivers were at fault and each driver to pay for their own damage.

Comments

  • +62

    Life lesson, don't drive your friend's uninsured car.

    Always.. Always.. Ask if their insurance policy covers unregistered driver.

    • He told me he bought insurance for the car and the policy lists me as a 2nd driver…so it was unfortunate !

      • +9

        Then you have nothing to worry now..

        • Sorry, I was meant to say that's what he told me…But as things unfold, I realised he didn't renew it…so No, he didn't have insurance at the time of the accident.

        • +57

          @justinvu: simple, your mate needs to pay

        • +9

          @MikeKulls: case closed!

        • +8

          @justinvu:

          You should be off the hook. Your friend is to be blamed.

          Pay off his insurance excess. That's it.

        • +2

          @justinvu: how many months out insurance?

        • +1

          @justinvu: insurers will give you a grace period after it expires, not sure how long though.

      • +94

        Mate you were driving pretty recklessly in a car that's not yours. Wtf dude.

        Man up. Pay. Learn. Move on

        • +38

          He adopted the driving style of all Audi drivers. The other car should have noticed him when they were pumping petrol and forseen such behaviour.

        • -1

          @John Kimble: Yep when ever I see a BMW, Mercs, Audi, hell even add porsche, lambo, ferrari to the mix I automatically assume they cant drive and keep my distance trying to anticipate their next move.

      • +8

        You got lots of diamonds on your videos. You can pay for both damages like a peanut. Don't be stingy.

        • for such a diamond, the band is pretty small

        • If it is indeed the 'final ring' I'm glad you went with the round cut and not the ugly princess cut.

        • +2

          @D6C1:

          Savage.

        • -3

          Stingy…lol ! Search and read about a guy named Jean Paul Getty :)

        • -3

          @vapingwinnieblues: Yea I selfishly picked the princess cut based on my own opinion + the fact that princess cut retains more weight than round. However, I came to a realisation that the ring was for my finance' to wear so I must take her preference as a priority. SO yes, I did switch to Round in the end and she loved it !!!

      • Your one lucky guy I hope you have learned.

      • This is strictly from a legal standpoint and ignores all social factors: You were under the assumption that you were covered by his insurance because he told you so and had you have not been covered, you most likely wouldn't have driven his car. Therefore you were misled whether that was intentionally or unintentionally - legally, if any expenses occur, your friend should be liable to pay.

    • +50

      No the lesson is, not to jump the queue regardless of space.

      • +18

        This was the best comment on this post.

        Thank you on behalf of all law-abiding citizens.
        I have no clue how he came up with the idea that its OK to dangerously cut off someone patiently waiting in the queue!? Then post it here as who is at fault!
        The sad truth here is that more than 25% of voters think that its the other driver's fault. Very sad.
        Thanks again

        • +13

          @PleasureMe:

          You're the sad one pal!

          Be nice or no one is going to PleasureYou PleasureMe

      • +4

        Unrelated to this situation, but are you the type of person that likes to queue up in a very long single lane and leave the side zip merge lane empty and cut people off who try to jump in?

        • +12

          Are you the type of person who think they are superior to everyone else? And don't like staying in the queue with ordinary people, drive recklessly, cut the queue, jump in all the time and risk Australians lives?
          If there is a zip merge, the person in front of the queue is there to use it!

    • +31

      OZBARGAIN CAR CRASH INVESTIGATION CASE #51

      https://vimeo.com/268317566

      Beginning and 25 seconds before the disaster:
      A car sits patiently waiting to merge into the traffic on the main road. The indicators are not on. There is no idea which way the car is intending to turn.

      8 seconds into the video and 17 seconds before the disaster:
      OP drives quickly up to the left hand side (potential blind spot) of the car, ignoring road rules that in a lane with no marking, it is considered a single lane and OP should be waiting behind the car instead.

      15 seconds into the video and 10 seconds before the disaster:
      Car in front edges forward signalling its intention to get ready to merge onto the main road. The indicator lights are not on and there is no telling which direction the car would turn. OP's car took this as an opportunity to try to squeeze in, completely ignoring the potential danger his actions have created.

      20 seconds into the video and 5 seconds before the disaster:
      The driver on the right indicates left before turning. OP pulls up to the car to the same line as the car AFTER the car has signalled it was intending to turn left. At this point, OP should have realised that the car was intending to turn left but is oblivious of the signal and the car's intention.

      22 seconds into the video and 3 seconds before disaster:
      OP fails to see the left turning indicator sidelight of the car on the right and moves his car forward beyond the kerbline and onto the main road just as the right car executes her turn.

      25 seconds into the video and disaster happens:
      OP stops but is too late as his car has moved beyond the kerbline making it impossible for the car on the right to safely negotiate the turn. Disaster strikes.

      Many seconds passed
      OP realised his friend does not have car insurance.

      Many more seconds passed
      OP posts onto an internet forum hoping to garner sympathy and ideas to build his case but finds few support.

      Epilogue
      In the aftermath of the accident, OP discovers he has no chance in hell of not paying for the damage of both vehicles.

      In next month's Car Crash Investigation, another forumer seeks help and advice on being involved in a car accident with no comprehensive insurance.

      • +1

        You left out the part where the other driver wasn't looking and scraped the OP's car.

        • +12

          Not sure why everyone is so sure it's the OPs fault? Seriously and honestly, I voted that it's the other cars fault. No indicating, turning left from the middle of the driveway and pointing straight instead of arching left (WTF IS THAT!), not taking the left turn when previously had the chance, and she (of course) didn't even look left when turning in case a car or pedestrian suddenly appeared. I am with the OP here, 100%.

      • -1

        As the Driver of the vehicle it is your responsibility to ensure that it is roadworthy (regardless of ownership), registered (regardless of ownership), and as common sense insured.

        If you do not have insurance then you would need to pay damages to the other driver's vehicle, plus any medical expenses resulting from any bodily injury.

      • +11

        You better hope don't see that video then.

  • +21

    Sell the ring and pay for the damage.
    Other cars fault imo. Looked like they were turning right, indicated left later.

    • +15

      Actually you were right. There were 2 occasions she could turn left, if you slow mo the video, you will see there was a time the nearest traffic light went red and she was given space to turn left, but she didn't. In addition, her address (she lives 2 mins drive away) indicated that the quickest way for her to get home is to turn right. I strongly believe she wanted to turn right but couldn't. That's why her car was face slightly right at the start but because it was too difficult, she changed her mind.

      • +24

        Doesn't matter you'll end up paying either of way.

        • +1

          Thanks dasher86 :)

        • @justinvu: definitely the other party is at fault. Failure to indicate and give way to you

        • +11

          @cityofsydney:

          If the other party fails to indicate then that is even more reason why he should have stayed back and behind the other car. What logical reason would there be to assume someone is going the opposite way of the flow of traffic.. The front driver did eventually indicate when she started moving… the OP did not indicate at all..not that any of that would have made a difference.

          The front party did not indicate which means you are not 100% sure what they will do. A reasonable person driving safely would be patient in that incident.

        • +34

          The O.P. is the car on the left!.

        • +2

          Username checks out.

      • -1

        With that kind of traffic, it would be almost impossible to turn right, you shoudl have noticed that too.
        you pushed in, tried to skip the queue, were stressed, god knows what.
        My verdict, you are at fault, your friend who told you you are insured pay the bill, you participate in paying it.

      • +2

        sorry to see you are in this mess but you shouldn't cut in front of the car in front. Just be more patient. We all going somewhere so lets get there with no incidents.

      • Give way to the right trumps pretty much all other road rules - never trust an indicator (or lack thereof). Insurance will see it as you were improperly overtaking on the left therefore your fault.

    • +3

      Turning right across two lanes of traffic, i doubt it.

      • +37

        See it all the time especially at night.. look at the way the car is originally positioned. Look at the possible gaps it could have taken. Driver got impatient that they couldn't turn right, so indicated left out of frustration and went without looking.

        • +7

          Correct dasher86.
          She wanted to turn right (but stupidly wasn't indicating) - she was in the right half of the left half of the driveway (hope that makes sense.)
          The question is how will that affect the outcome?
          I think if the OP had insurance the two companies would probably agree to 50/50, but given that's not that case I think the insurance company will try and get 100% out of the unfortunate self made 'victim.'

        • @McFly:
          Except if the OP did not cut in at all, that accident would not have happened. The OP was the main cause of that accident..100% because he had no patience.

  • +34

    You are driving quite fast in the petorl station!

    She is in front of you and has the indicator on nefore she turn. She did not expecr a car like you pullmup@on her left as she only looking at her right for on coming traffic.

    I think both have fault but as she have insurance you did not, she it is whatever her insurance say vs you, so be prepare to hire a lawyer.

    • +14

      You must check where your going STL rofl. That vid is like austs worst drivers… Lol @ how fast white car drove upto car then stops.

    • +2

      Video was in fast forward at times.

      • Was the footage altered and no longer in its original condition?

        • It was at 2x speed. OP needs to put it on youtube where we can play it at half speed to see what really happened.

  • +53

    You didn't indicate either? I don't know if I'd be raising that argument.

    • +29

      Thats what I was about to say.. And the other driver inidcated (late) , whereas justin did not indicate at all . I always try to indicate early (too early often, eg I will let indicate 100 metres ahead that I am going to slow down and turn off at the exit) .
      It seems all too often people forget what indicating is actually for , it is not so you dont get fined by a passing cop, it is too let other cars know what you're about to do, so they can adjust their driving accordingly.
      Its really annoying (amd dangerous) the amount of people that fail to indicate, or indicate after they start turning. Sure, that may avoid a fine, but it is a complete fail safety wise. ie. People cut out in front of me, almost causing a collision if not for my quick reaction slowing/braking, then put blinker on after or during the lane change. Thats too late, I've already hit them and 100% their fault (If I hadn't reacted to them jumping lanes without indicating).

      • +6

        As I've found out once in my own little collision, indicating means jack shit when determining fault (at least in Vic with RACV) if there is any other road rule which no matter how minor, will trump it.

      • +9

        Yeah, people not using indicators pisses me right off.
        They think people are mind readers or something?

        The worst is when you are waiting to turn right (say into your driveway) and a car is coming the other direction, so you wait - even though they are going slowly - and then they just decide to pull over and stop.

        As far as this case goes I don't think it makes much difference anyway.

      • +7

        There is no way she could have seen a left indicator on the left side of a car to the left of her…

      • +3

        Annoys me as well. Especially when:

        • there is a red left arrow at the lights and they don't tell me by indicating - I'd get into the right lane,
        • when turning right across traffic - again, I'd get into the other lane.

        Also, it would be good if people start indicating BEFORE they start breaking. It tells me that they are going to slow down soon and I give you a little more space.

        • +2

          Also, it would be good if people start indicating BEFORE they start breaking. It tells me that they are going to slow down

          That is exactly why I indicate very early before slowing right down for the exit, I am about to brake and slow right down in a 100 zone, for exit, its just common sense and good manners, to let the car behind know, so they can change lanes if they want to.

  • +9

    Imo OP AF as he crept to her left when she had right of way to that lane/position of the driveway, indicators or not.

  • +20

    Undertaking is legal on multi-lane roads, or where a car is indicating to turn right .

    They were not indicating right and were in front of you the entire time until they made the turn and you moved into their blind-spot - they should have indicated left earlier imo but you should not have drove in so fast without knowing what they would do - you did not drive upto her side by side at all - you quickly made a move when she was turning since they will have insurance lawyers and you wont they will probably get more and you will pay.

  • -4

    You both did wrong(you said she didn't indicate, but neither did you), and because of that, their insurance will blame you, especially when they find out you don't have insurance yourself.

    Although in other countries they have a percentage at fault and you pay that amount or as you said "pay for your own damage", this doesn't happen here. When insurance is involved, it's who is most at fault pays for the whole thing.

  • +32

    Also why would he purchase an Audi then figure having insurance is to much $$

    • He had medical treatment overseas and was unable to renew his policy - I was driving his car and paying his rego.

      • +25

        So why didn't you buy insurance? You don't need to be the registered owner to insure the car…

        • +2

          because I didn't know about the fact that the policy was not renewed until the incident happened.

        • +5

          @justinvu: Dude seriously, that should have been the very first question you asked. As if ever drive another car that isn't yours and not know about the insurance situation. It's just asking for trouble. I definitely thought you were also at partial fault from the video. Yes it did seem like she was turning right, but she also didn't indicate and you weren't side by side with her for long enough for her to realise a car was on her left. Just bad decisions and unlucky mate.

        • @justinvu: policy will more than likely renew automatically. Check to see if it's still insured.

        • +7

          @Ynwa1986:

          if you don't pay, how would it renew automatically?

        • +3

          @pinkybrain: Majority of people pay by card. If you don't request a cancellation the policy won't cancel. You will receive a letter saying the policy has ended and will now renew automatically.

          How do you pay for your insurance? Or are you like op who doesn't have one?

    • +12

      Usually they spend too much money on the car then can't afford insurance.

  • +43

    Rushes in being all ‘get out of my way’ and pays the price.

  • +8

    Their insurer will claim against you.

    Your insurer will claim against them.

    Oh hang on……..I see an issue……….

    I'm guessing you are going to be opening your wallet, a bit or a lot. That quantum has yet to be determined.

    Impatient much?

  • +1

    Seems hard to call. I can see how both parties are negligent in some way, but they have the benefit of having comprehensive insurance while you don't. Because it's hard to call, the other party's insurance company sure as heck isn't going to just accept liability and fork out 8-15k in damages. I reckon the situation also kinda leans more in favour of the other party.

    Very surprised that your, erm, friend decided to skimp out on insurance for a fairly new car.

    • +1

      He had medical treatment overseas and was unable to renew his policy - I was driving his car and paying his rego.

      • +3

        Renewing your insurance only requires you to pay the bill, unless you are taking out a new policy. You were getting his rego bill but not his insurance? Check when the insurance expires, sometimes insurance companies are willing to help you out if the accident occurred not too far out

        • Thanks bs, I was giving my money for him to pay for the rego :(. It was 2 months ago that the policy expired so they won't be of any help :(

        • +2

          @justinvu:

          They won't help anyway. The policy is void the minute it expires.

          No insurance company in their right mind is going to let you make a claim after the fact.

    • +1

      "friend"

      • Yea, I know :( !

        • +4

          He is letting you drive his car… I would say his at least somewhat decent of a friend. I dont think he wanted his car ruined…

  • +4

    I would say that the road rule being broken here is that you did not give way to oncoming traffic. I would include the other driver as part of that oncoming traffic.

    • -7

      that's not even a road rule

      • +8

        Of course it is. As per the NSW road rules (assuming OP is in NSW)

        74 Giving way when entering a road from a road related area or adjacent land
        (1) A driver entering a road from a road related area, or adjacent land, without traffic lights or a stop sign, stop line, give way sign or give way line must give way to:
        (a) any vehicle travelling on the road or turning into the road (except a vehicle turning right into the road from a road related area or adjacent land), and
        (b) any pedestrian on the road, and
        (c) any vehicle or pedestrian on any road related area that the driver crosses to enter the road, and
        (d) for a driver entering the road from a road related area:
        (i) any pedestrian on the road related area, and
        (ii) any other vehicle ahead of the driver’s vehicle or approaching from the left or right.

        • Yes, that's a RR.
          You said something about oncoming traffic, which is what I was commenting on.

          The problem is that both vehicles are entering a road from a road related area. Both enter the road at pretty much the same time. Both are pretty much to blame. How that equates to dollar movement, I have no idea.

        • @oscargamer:

          (c) any vehicle or pedestrian on any road related area that the driver crosses to enter the road…

          I would say that this portion of the legislation covers what capslock is saying…

          The driveway is a road related area and OP must give way to any vehicle while crossing that road related area. If the other driver was parked there waiting, then OP should have waited, unless the driveway is marked as a dual turning lane, left and right, which it sounds like it wasn’t…

        • +1

          And there we have it.

          Must give way to:

          any other vehicle ahead of the drivers vehicle or approaching from the left or right.

          OP did not give way to the vehicle approaching to his right.
          The other car doesn't have to give way because OP's vehicle is NOT approaching, it's moving away.

          OP did not give way. Case closed.

  • +22

    Both of you drove badly.

    I vote 50/50

  • Blame should be apportioned 50/50

  • +1

    Be prepare and tap into your bank account and pay for both cars Justin.

    • That thought is well sunken in my mind - hence the reason why this post :(

      • -1

        did you get estimate of how much total cost repairs for each car?

      • On the bright side, it's probably as cheap as a multi car accidents gonna get.. (though I wouldn't be surprised if the Audi - with less damage - ends up costing more than the Cruze)

  • +1

    Even if your friend had insurance they would have no obligation to make a claim. They could just tell you to deal with it. To be honest unless it was a family member or my girlfriend driving I'd do the same.

    Just to be extra clear your friend drives a $60,000 car without insurance? Really? Or do they not have unlisted driver insurance? Or did they say that so they didn't have to make a claim and have their premiums increase?

    As for what to do now, I think it's 50/50 fault. Both of you fix your own cars (or your friend's car in your case and move on). I hope you have a decent income, Audi repairs aren't going to be cheap.

    • He used to have insurance until recently, he had medical treatment overseas and was unable to renew his policy - I was driving his car and paying his rego. Thank you for your wishes :(

      • +1

        could've sell the car and buy a cheaper one + insurance. The fact that your friend lied about it is quite alarming and he is to blamed too. I wouldn't let my friend drive my uninsured car and also expect him to pay for the damages if he got into accident. The damage of your friend's car is not that severe anyway, sell it and use the money to pay at least half the amount you are going to pay for the other car.

        OR If you are a good friend then you will just pay for his damages, if you are not then don't pay, let him sue you, he doesn't have much $ to start legal proceeding etc.

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