[RESOLVED] Recently Involved in a Car Crash but Uninsured

justinvu on 06/05/2018 - 16:20
Last edited 21/05/2018 - 12:28 by 2 other users

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.
Automotive Accident

Comments

    • trapper on 07/05/2018 - 13:28
      +2

      @knick007:

      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.

      So you would rather be personally chasing some friend up for $1000's of cash than just claim a covered accident on your insurance?

      hahaha that's the most retarded thing i've read all day.

      • bobbified on 07/05/2018 - 23:27
        +1

        hahaha that's the most retarded thing i've read all day.

        He'd be the worst friend ever!
        "Here, drive my car, but if you crash it, you're not claiming on my policy!"

        Better off not letting anyone drive his car instead!

        • trapper on 09/05/2018 - 18:34

          Yeah plus he ends up with a broken car and no money to fix it. What a win!

  • CLoSeR on 06/05/2018 - 18:00
    +8

    You're at fault.

  • ronnknee on 06/05/2018 - 18:02
    +24

    You were quite impatient in the video. First you pulled up behind their car very quickly, then crept next to them so that you would be ahead after turning. How hard would it have been to just wait behind them?

      • oscargamer on 06/05/2018 - 19:10
        +35

        zero relevance

      • Dont Care on 06/05/2018 - 19:39
        -2

        Are you turning right, going through two lanes of traffic? No I dont think so.

      • esco333 on 07/05/2018 - 21:41
        +2

        are you saying you knew her address when you were driving?

      • bchliu on 09/05/2018 - 01:04

        In addition, her address (she lives 2 mins drive away) indicated that the quickest way for her to get home is to turn right

        Lol.. you psychic? You knew this before you seen her license?

    • Stopback on 07/05/2018 - 11:02

      I think the dude was just unlucky, I know many people who cut into lanes, try to squeeze past cars turning right in a two lane with a parked car on the left.

      |x | C|

      x = parked car

      c = car turning right

      u = car passing through

      • Aneurism on 07/05/2018 - 22:25
        +1

        No, the dude was just dumb.

    • robredo on 08/05/2018 - 17:46

      Agreed.
      OP's fault for sure. There's also clearly not enough space for the Audi to safely pass on the left hand side. Very poor driver intuition.

    • Randxyz123 on 06/05/2018 - 18:34
      +2

      Your friend owns the car so your friend is liable at the very end. So its your friends responsibility. The best thing to do is go 50/50 with your friend.

      Umm what?

      No. Why should the friend anything pay at all?

      The DRIVER is responsible for the accident. It was nothing to do with the owner of the car.

      • justinvu on 06/05/2018 - 18:56
        -1

        True…Imagine if I drink, drive and kill somebody and the car's owner is liable !!!

        • rave75 on 07/05/2018 - 11:40

          well the owner lied about having a current comprehensive insurance, no? Or did you just assume your friend would've renewed the insurance without asking?

          Something is a bit off, I assumed your friend bought the car new so the rego and the comprehensive have the same expiry date right?

          If you paid his rego, that means you know he couldn't afford it, why didn't it cross your mind that he could afford his comprehensive?

          You can always pay comprehensive monthly anyway, and it would be around $100 per month, surely you can afford it.

    • Smol Cat on 06/05/2018 - 22:01
      +4

      What the (profanity). You must be one hell of a shit friend to even suggest this 50/50 bullshit with the friend who was kind enough to lend you their car. If you as the driver make the mistake, YOU pay. Not 50/50 wtf.

  • monkeybusiness on 06/05/2018 - 18:17
    +22

    Definately you are at fault.

    The other car partially attributed to it by not indicating. But not indicating does not mean you should overtake them on a queue like that. All that means is that you do not know which way they are going. Heck if they wanted to turn right as you assumed, they would be indicating right.

    You were too impatient and try to creep out to their left and overtake them. The only way your assumption holds true is if they clearly haven't gone despite several safe openings for them to do so. Since you did not even give them the opportunity to go, its hard to argue fault for them.

    Suck it up. Pay for the damages

      • oscargamer on 06/05/2018 - 19:12
        +9

        "…interpreted her intention….."

        Then why did you position your car into her intended path?

        You are a poor driver and I'm glad I'm not in NSW

        • justinvu on 06/05/2018 - 19:14

          Hmm… I "interpreted her intention" to TURN RIGHT….hence I crawled to the left. Her intended path is ON THE RIGHT !

        • oscargamer on 06/05/2018 - 19:26
          +3

          @justinvu:

          Hmmm…..you were wrong,…which you would have seen her left indicator, if you had stayed behind her…….

          All yours big boy

        • justinvu on 06/05/2018 - 19:39

          @oscargamer: lol, watch the video again mate, she indicated left when I was at more than half way through her car, so no way I will be able to see her left indicator on the rear, and defo unable to see hef left indicator on the front.

          And yes, I would stay well behind her, if she had indicator on at the beginning and stayed on the far left :)

        • pinkybrain on 06/05/2018 - 22:53
          +1

          @justinvu:
          There's no way to interpret what someone's intention is other than the indicator.
          In this case she did not indicate left or right, so you do not know what her intentions are.

          From the video, you drove pretty fast and turn pretty fast yourself and without any indicators.

        • Zenstrukt on 07/05/2018 - 12:57

          @justinvu: It's also likely she occupied the middle of the driveway to exit on the lane closest without overturning onto the one following it, so her intended path may have well been to go left too.

      • JIMB0 on 06/05/2018 - 20:25
        +5

        Also, I would argue that one of the basis road rules is that if she wants to turn left, 1: she needs to indicate

        Optional if you drive an Audi.

      • blitz on 06/05/2018 - 22:07
        +4

        if she wants to turn left, 1: she needs to indicate

        You mean…like you indicated to turn left?

      • UFO on 07/05/2018 - 11:03
        +6

        And in this situation the drive way was unmarked and there's more than enough space for me to turn left.

        And that's where you have lost your argument.
        Unmarked = SINGLE flow.

        The extra space is for the delivery truck to get out with their trailer etc.
        No markings on a road or road related area means single file.

        You had no business being in the position you put yourself in.

        • stonkered on 07/05/2018 - 16:25

          If that's true OP is paying up. /thread

      • monkeybusiness on 07/05/2018 - 22:59

        I disagree. On the 2 occasions that you speak of, there are cars backed up across the front of the front of the driveway. While technically she could have forced her way onto the traffic (I would do the same), she still did not have right of way. Only when there was the first big stretch of no cars did she go.

        I would also argue that you would fail in hazard perception. While it is true that she did not indicate at the time, you should have perceived that to be hazard and SLOWLY crept beside her vehicle to see what is happening. Instead, what you did was rush and tried to be first to exit on the left. She clearly did not check her blindspot and see you there but lets face if she was trying to turn left all along, she woudln't expect a car dashing out from her left in that little area that quickly.

        And yes she did indicate for a good 2-3 seconds. You were just too impatient to see it as you already dashed to her left in an attempt to be first out the door.

        • justinvu on 08/05/2018 - 07:51

          She couldn’t say she “didn’t expect” if the white car was replaced by a cyclist / pedestrian right? And you wouldn’t say what u just said yea? And look again if you had an extra pair of eyes to see her indicators when you’re more than half way to her car lol

    • ozzpete on 06/05/2018 - 21:53
      +15

      It does look like maybe the other car was going to turn right, but waiting for an opening (which considering the traffic, an opening for right turn may have taken a very long wait).
      OP could reasonable think (and argue) that he believed the other car was going to turn right, which if that was the case, OP position was perfectly fine and safe really… if, the other car was turning right.
      Fact that OP didn't indicate doesn't make his position good, however the other car, in all honestly, looks as though they went for the turn, then indicated as they turned , a common mistake/misconception. Ao many people seem to indicate as they turn as if they are doing it 'because they have to' or 'so they dont get a fine' , rather than being mindful of the true purpose of indicating TO LET OTHERS KNOW WHAT YOU'RE ABOUT TO DO
      Fail for both drivers, OP would find it very difficult to argue he is not at all in any way at fault. However I suspect the other driver also would find it very difficult to argue they were not at all in any way at fault.
      What information the other driver tells to their insurance company may make a difference also. Was the other driver blaminv you and telling you that it was your fault ? Or are they going to tell their insurance compamy that it was their fault/mistake.
      And do insurance company have the footage. If they get the footage, they would likely try to blame it all on you and they would ask you to pay up for everything. This is just something insurance company would try , I would not just pay them though, you have a fairly strong case for mutual responsibility. ie. It is partly other drivers fault.
      Seek some professional advice. It shouldn't cost you much, to just forward the video to a traffic accident expert , ask them their opinion. It might be free, if they charge, surely they shouldn't charge much to just view a 30 second video. A traffic litigation expert should instantly know what liability is involved . Check fees before you agree to any fees though.

      • justinvu on 06/05/2018 - 22:00
        +3

        Very comprehensive comment I must say.

        I did try asking a cop, though obviously not a traffic expert by the law. He said the outcome I should expect (and hope for, considering I'm uninsured) is being able to walk away without any liability to the other party - because both at fault. He personally believed the other driver didn't check the blind spot before making the turn, particularly when she positioned her car in the middle of the wide drive way.

        • foxmulder on 06/05/2018 - 22:56
          +5

          In one point you may be the idiot who come to someone else blind spot and not just wait behind the other person, and the other is the other person who didn't check his/her blind spot and just indicate on the very last second he/she want to do it.

          I do suspect as well the other driver does have all the intention to go right, but think it this way, he/she will have two directions to worry about, his or her head must be going left and right like watching tennis, thus if you actually come next to him/her, he/she would have notice. But hey it was at night, some people may be just do not pay much extra attention. If she/he just want to go left, she/he only have one road direction to worry about thus why he/she didn't see you there and was already assuming it was clear. But again that other driver may also in fault for not checking blind spot before making the turn. Usually if he/she didn't have the habit to do so. What if there was pedestrians?

          Even I may have originally leaning towards what others say, Justin you may have a case here to probably do not pay and even get the other party insurance company to pay up for both damages. And even pay for your emotional sufferings for… a million dollar? Good luck man.

  • smuggler on 06/05/2018 - 18:33
    +12

    It boggles the mind how desperate poor people are to drive shitty German made cars

    • justinvu on 06/05/2018 - 19:01

      The owner used to buy insurance, until recently he had medical expense that caused him unable to renew the policy. It was unfortunate.

      • oscargamer on 06/05/2018 - 19:12
        +9

        For you.

        Guess what, you could have paid his insurance premium for him……………

        • justinvu on 06/05/2018 - 19:15
          +2

          If I knew or was told, I would !

        • oscargamer on 06/05/2018 - 19:25

          @justinvu:

          Or asked…..always someone else to blame yes?

        • justinvu on 06/05/2018 - 19:32
          +4

          @oscargamer: lol mate, I'm not posting the question here to have people gathered on my side. I'm just honestly telling the truth. How can you be that skeptical when your closest friend / family member said they will do smth?

          I'm prepared for the worst case scenario so no need to blame anybody :)

        • rave75 on 07/05/2018 - 11:47

          @justinvu:

          you paid his rego! if he can't afford to pay his rego, did you think he will be able to pay his comprehensive!

  • airzone on 06/05/2018 - 19:06
    +2

    You driving a mates car vs a comprehensively insured party and their army of lawyers, and no clear automatic at-fault scenarios.

    It doesn't matter what anyone thinks, you're going to be paying for that other car.

    I always ask about insurance when I get behind the wheel of a car that's not mine. This is why.

    • justinvu on 06/05/2018 - 19:08

      It was an agreement between us that my mate will buy the insurance. Unfortunately, recently he had medical expenses and was unable to renew the policy.

      • markathome on 06/05/2018 - 21:20
        +29

        Notify the insurance company that you intend to dispute the claim and, if required, attend Small Claims with the footage. You can try to file a claim against the other car but it might be difficult. Having been through insurance claims before, I can't imagine having a bunch of amateurs (myself included) debate fault on the internet will be helpful. Chill, be extremely careful what you say before the court date (usually saying less is better, just "the other car appeared to be turning right" and "the petrol station has footage of the incident" might be sufficient) and play things as they come.

        Also, it's always helpful to talk to people who have actual legal knowledge. To that end, you might want to book an appointment with the Citizens Advice Bureau in your area. The court is there to serve the community, so you can defend claims on your own. Where people trip up is they try to get technical and talk legal jargon they don't understand. Again simplicity is probably your friend, "the car was in the right lane and appeared to be turning before, at the last second, turning left." The judge may say, "there wasn't a right lane, it's your fault." Or he may say, "I agree, everyone to pay their own damages." We don't know. At the end of the day, with an incident like this, all you can do is do the best you can.

        • justinvu on 06/05/2018 - 21:34
          +3

          Best comment so far, Mark !

          Really appreciate your time and your suggestions ;)

        • idonotknowwhy on 06/05/2018 - 22:50
          +7

          This is the only comment needed in the thread.

        • Quantumcat on 06/05/2018 - 23:34
          +1

          @idonotknowwhy: agree, sadly I am out of positive votes

        • gyrex on 07/05/2018 - 10:02

          The insurer won't be going through small claims if he lodges a claim. Small claims can only provide order for up to $10,000 and there will be over $10K worth of damage based on the OP's description of the damage. If this goes anywhere, it will go to court.

          If it were me, I'd be chatting to your 'mate' and looking at splitting the cost of repair for both vehicles. You were at fault, but he's got to bear some responsibility for not renewing his insurance. Save additional time and money by settling out of court rather than potentially more expense of going to court.

        • mgsydney on 07/05/2018 - 10:31

          @justinvu:

          This has really intrigued me or maybe I just haven't had enough coffee to function properly.

          I think you actually may have a case for insurance at least, that she intended on turning right and then changed her mind to turn left.

          Notwithstanding what you could or could not see - she has no indicator and then all of a sudden puts a left indicator on and just starts turning left which might suggest a change of her mind and a rush to turn.

          As I said in another post you have nothing to lose since speaking to the insurance company and explaining how the situation looks or could look like on the footage.

          Still think that this is definitely a grey area…

          I am sure though you have learned lessons in future driving and if you take them on board it is a good thing.

        • z3219825 on 07/05/2018 - 19:51
          +1

          @justinvu:

          Hi Justin. I have worked in Motor Claims.
          1. Does the TP have access to the surveillance? If no, claim tp 100% at fault as you were on the most left turning lane and you were already established at the driveway before the TP proceeded to turn left. Also, send your demands (i.e. covering letter + your friends vehicle's
          Repair invoice) over to the TP's insurer to show that you intend to create some noise, draw a diagram to back up your accident description. If that does not work, offer to settle EBO (Each bear own) as the TP has no video footage to back up their accident description. If they send an intention to sue, offer to pay 75%.

          1. If the TP has access to the surveillance, claim EBO right away… however, your odds will he stacked against you. Most insurance companies see it as either you are either 0/50/100% at fault. However in certain circumstances you can maybe get away with paying 75%.

          I hope that helps.

        • justinvu on 07/05/2018 - 20:22

          @z3219825: Thanks mate for your contribution - the footage was shared by the servo manager so yes the other driver has access to it too. I'm just going to wait to see what the initial assessment from the insurer is like before proceeding…who knows what's coming

        • z3219825 on 07/05/2018 - 22:45
          +1

          @justinvu:

          You're welcome, the more I look at this the more apparent it is that you had enough room to consider your car to be in the left turning lane and on the other hand the TP had it's own lane to turn right. The TP had the highest level of duty of care. Treat it as the same situation as when a vehicle changes lanes, they should only do so when it's safe. I believe that you had the right of way and the TP obstructed it.

  • jmal4580 on 06/05/2018 - 19:06
    +15

    Reckless!! He was obviously trying to exit the service station, queue behind him!

    • justinvu on 06/05/2018 - 19:08
      -4

      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

      • smuggler on 06/05/2018 - 19:27
        +5

        Patience is golden

        • justinvu on 06/05/2018 - 19:32

          True :).Thanks jmal :)

      • gummibear on 06/05/2018 - 20:48
        +5

        I can understand the frustration, as anyone sitting behind a timid driver waiting for them to merge into traffic with big breaks in the traffic also knows the feeling.

        Unfortuntaley she's the car in front of you. She gets to choose when she goes out, and which direction.

        Regardless of your reasoning on which way she should have gone and when. you should have stayed behind her.

        • [Deactivated] on 06/05/2018 - 23:39
          -4

          That would be respectful and having manners. Something the OP lacks.

  • oscargamer on 06/05/2018 - 19:13

    Justin, you are going to have to pay for probably half of the damages. Please stop driving an uninsured car.

    • justinvu on 06/05/2018 - 19:17
      +1

      Hi Oscargamer, I never intend driving uninsured car. Like I said, the policy (which cover me as 2nd driver) expired recently and the owner couldn't renew it due to an unexpected medical expense.

      I appreciate your comments, by the way :)

      • oscargamer on 06/05/2018 - 19:31

        You shouldn't. I hate uninsured drivers, with a passion.

        • justinvu on 06/05/2018 - 19:33
          +1

          you probably had history with those drivers :). but don't worry, if I was uninsured again and hit you at my fault, I won't run ;)

  • Bargainaholic on 06/05/2018 - 19:22
    +4

    Car in front wasn’t indicating (you weren’t either)… 50/50 chance was going to turn left/right… you made an assumption the car was going to turn right based on the positioning of it on a wide driveway.

    You were in her blind spot as she was focused on waiting to merge in with the oncoming traffic. Being the first car exiting the driveway, she wouldn’t of expected you to cut in like that causing the collision.

    I think it is obvious to say you were at fault in this instance.
    The video footage benefits the other driver.

    • justinvu on 06/05/2018 - 19:27
      +4

      I went to a police station and was told the other driver was more likely at fault because she should have merged closer to the left if she wanted to turn left, and indicate of course. Plus, it was a unmarked driveway so everyone should proceed with caution. Although, in saying that, she has insurance, I don't so I feel like I'm gonna have to face their team of lawyers :(

      • markathome on 06/05/2018 - 21:30
        +3

        I'd definitely mention the policeman's view to the insurance company (and court if it comes to it). Why, after getting the opinion of a knowledgeable professional in the area, you would then stress yourself out by asking 100 random folk on the internet their opinion - I'm not sure. OzBargain is great, the community definitely has its moments but they aren't suited to adjudicating traffic disputes.

        • justinvu on 07/05/2018 - 13:38

          Hi Mark, it was because the policeman wasn’t confident in what he was saying. It was just a personal opinion. I just couldn’t be convinced by his answered and the way he answered.

          Hence the post in here :)

        • Aneurism on 07/05/2018 - 22:59
          +2

          @justinvu:
          He wasn't confident because he was wrong.

      • trapper on 07/05/2018 - 13:12

        The main thing is that you established position on her left BEFORE she flicked her indicator on. At that point you are the one on the left, how you got there isn't really relevant.

  • John Kimble on 06/05/2018 - 19:23
    +5

    I think technically it's the other driver's fault as they made the contact when you were in line or slightly ahead of them whilst stationary, but also if you waited 10 seconds and weren't there in the first place, it never would have happened.

    9 times out of 10 that accident would have happened because the other car wouldn't think to check their blind spot in that situation, but one lesson here is to always check your blindspot.

    Is a bit of a grey area because there are no lane markings.

    Would appreciate it if you updated the post once the verdict had been made.

    • justinvu on 06/05/2018 - 19:25
      +1

      Went to a police station today and was told that the other driver was more likely to be at fault but because I don't have insurance, her insurer could overturn and challenge me to go to court and face their lawyer team !

      And yes mate, will defo give you an update once things are sorted in the next 2-3 weeks I assume.

      • oscargamer on 06/05/2018 - 19:29
        -2

        I care

      • Name on 06/05/2018 - 19:51

        Got a price to repair yet?

        • justinvu on 06/05/2018 - 21:07
          +1

          Mine probably costs up to $2k, hers…not sure…I'd say $4-$5k at most, considering the car's value now is only $10k max.

        • pinkybrain on 06/05/2018 - 22:57
          +2

          @justinvu:

          ouch…

          $7k total..

          With that money, you could have bought your own car.

        • Name on 06/05/2018 - 23:30

          @justinvu: not too bad though. Not like you'll be paying off the debt for the rest of your life. I wouldn't bother fighting it in court for that amount.

      • TheMindsetTraveller on 06/05/2018 - 23:26
        +5

        Whilst a police officer "may" give you an opinion; this is just an opinion - not evidence ;)

        That said my "opinion" is that you are at fault - regardless of what the other driver did or did not do, or want to turn left or right is not that important. Basic common driving sense when entering/exit a petrol station would dictate that the front driver had the right of way (and not expecting you to be on the left of them).

        What practically happens now? The front car will lodge a claim with their insurer, that insurer would then send you a letter "claiming" that you are at fault and suggest to you to lodge a claim with your insurer asap. If you were insured and lodge a claim, then the insurance companies work it all out between themselves. However now that you are uninsured, puts them in a much better position. Ordinary people with shallow pockets get "scared" then they face $xx,xxx bill and a big nice corporate law firm writing them a demand letter.

        Whilst you can go get legal advice, believe you are in the right and potentially go to court over it, a good lawyer will let you know the financial risks as well - as there is possibilities of you not winning despite how right think you are.

        Anyway good luck, looks like one expensive lesson either way for you.

        • dasher86 on 07/05/2018 - 08:33

          not just an opinion. I would say that the police officer is giving "expert" advice.

        • kingmw on 07/05/2018 - 22:20
          +2

          @dasher86: Won't be considered expert advice unless the policeman has the necessary experience and qualifications to back it up, otherwise it is just another opinion. For all you know the policeman could have been just fresh out of academy.

    • foxmulder on 06/05/2018 - 23:01

      Less than 5 seconds.

  • FoxJump on 06/05/2018 - 19:29
    -3

    So your friend misled you and now you're potentially liable for thousands of dollars?

    Make your friend pay.
    Or sell his car, damaged, and use that to pay the damages.

    • oscargamer on 06/05/2018 - 19:29
      +6

      Or the OP is responsible for his actions, being an adult and all………..

      • FoxJump on 06/05/2018 - 19:31
        +1

        But how is he to know the car is uninsured? I can't just call an insurance company and ask if a number plate has cover.

        He takes the word of the owner. Who, unfortunately, lied.

        If I were in his shoes I'd tell the friend that I should only pay the excess that I would have had to pay if it had been insured

        • justinvu on 06/05/2018 - 19:36
          +2

          he was my closest friend and still in the hospital - we did discuss, he's not so concerned about his car (for a good reason) and told me he would share the costs in the worst case scenario.

          Foxjump, I think normally if it was a contract, I understand my mate failed to meet the conditions and should ultimately be liable for the (worst) outcome. However, I feel like I would share the costs with him equally.

        • oscargamer on 06/05/2018 - 19:40

          "But how is he to know the car is uninsured? I can't just call an insurance company and ask if a number plate has cover."

          If he is named driver, then yes, he can………….

        • witsa on 06/05/2018 - 23:02
          +1

          @oscargamer:

          so you're saying that if your closet friend / family member lends you their car, telling you they have insurance, you would actually ring up their insurance to verify?

        • justinvu on 06/05/2018 - 23:09

          @witsa: or going to get his kid DNA checked when his wife told him she's pregnant - Oops !

        • Aneurism on 07/05/2018 - 23:02

          @witsa:
          I did and have.

        • justinvu on 08/05/2018 - 07:53

          @Aneurism: and checking yours kids dna when ur wife say she’s pregnant ?

  • snook on 06/05/2018 - 19:38
    +1

    other driver's fault

    She was the one that hit you.

    • justinvu on 06/05/2018 - 19:40
      +1

      That's wat the cop I met today said…but problem is that I'm uninsured :(

      • snook on 08/05/2018 - 18:19
        -1

        doesn't matter, let them take you to court. You don't have to get legal help and they will lose.

  • bobbified on 06/05/2018 - 19:45
    +3

    I'd say the other driver is at fault.

    It appears that the other driver was stopped there, just short of the driveway itself (and hence the no indicating) probably on the phone or putting something away before moving off again.

    So any opportunities to turn left wouldn't have mattered.

    Then she moved forward and indicated left after OP was already next to her.

    OP went around a stationary car and had stopped at the last second to try avoid the accident. The other driver pretty much just kept going without even realising and the damage was caused by her not looking where she was going.

  • bad hombre on 06/05/2018 - 19:48
    +4

    Most petrol stations are single lane regardless of how wide the entry and exits are, does not look like there is a right and left turning lane from the video. Unsure how rules apply for car parks.

    Looks like OP might be in the wrong here. Ouch!

    Keep us posted on how you go, would be interested to see what the conclusion is.

    • justinvu on 06/05/2018 - 19:53

      will do mate. thanks for your comment :)

  • WreckTangle on 06/05/2018 - 19:50
    +4

    Too bad about the accident but good job OP on uploading video..nice post.

    • justinvu on 06/05/2018 - 20:04

      I was lucky that there was a camera there and the servo manager was really sympathetic about my case :)

  • diceman99 on 06/05/2018 - 19:54
    +1

    Thee is a general rule to give way to your right

    • dufflover on 06/05/2018 - 22:05
      +2

      I'm actually thinking this is the rule that will "get you". There are minor things like the fact you were "behind" as given by the damage, but above all else (given the lack of other
      clear cut rules I can think of) she was on your right, granted not the typical application of the rule facing the same direction.

      I'd say you were more at "fault" being the rushing impatient guy there too, not that the insurance can get you on that.

      (Edit: on second look I take some of it back; the footage does show you clearly stopped first and she proceeded to drive anyway, thus causing the collision)

  • star-ggg on 06/05/2018 - 19:55
    +4

    drive defensively and not in people's blind spots

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