First Accident in 27 Years, T-Boned by Another Driver (Video of the crash uploaded)

First accident in 27 years, I just got T-boned by another driver.

This is what happened:

I was driving straight passing a T-section, she was turning right, not sure what she had in mind at the time, she just straight way turned right and T-boned me, lucky there was no car on the incoming traffic.

The rear of my car has big scratches near the petrol section, the hinge on the petrol door is broken. Looks like a minor accident but still needs repairs as the back door and back panel is all dented. I will take this car to my mechanic to see if its still ok to drive first thing tomorrow morning.

She first said she doesn't have license, then I said need to call the police then and she was able to produce it, took some photo of the damage and her license. When asked about her number she said her phone is out of battery, which I can not verify as I don't know its true or not. She did say she is fully insured and will contact her insurance company tomorrow. She did give me a phone number which she asked me to send the photos to her phone.

So the question is, what do I do next? Wait for her insurance company to contact me? Or do I contact my insurance company first and report the accident? Or do i need to report this accident to police as a record?

Also, did I miss out anything I should have done at the time?

Member since 2008! Here is a video of the crash: https://www.youtube.com/watch?v=1kj7Sfa0OJY

Comments

  • +148

    You came to OzBargain to report the accident first.

    That is sufficient enough!

    • +8

      LOL! When else fails………..always OZbargain to rely on as we have a wonderful and resourceful community:)

    • +4

      There should be a ozbargain wiki for the top 5 questions

      • +21

        Best to make a claim directly in her insurance company - dont claim on yours so you have a clean claims history

        You can't "make a claim" on someone else's insurance. No ifs ands or buts.

        The other party has to make the claim on their own insurance, and only then you can liaise with them to get your own car fixed but you cannot start that process.

      • -1

        Merry XMAS

    • +4

      MS paint diagram would have earned an A+

    • +1

      It is our solemn duty to report all accidents here as soon as they occur, even those accidents that occur when the need to pee arises.

    • +2

      Forget the photos. We only accept diagrams drawn on MS Paint.

      • I now uploaded the video, if you want to check it out

        • If you have insurance, this video will be sufficient to put 100% blame on the other party.

        • I think I see what’s happened. Can you also make an MS Paint diagram so we can be sure?

    • +18

      But OP is breaking all the other rules
      - has comprehensive insurance
      - has dash cam footage
      - long time member
      - not actually at fault
      - responding in the comments
      - following advice and contacted insurer

      This is not the 'had a crash, what do' that I signed up for

      • +1

        Brutal! LOL

        I am a very boring person, I dont drive fast and I dont skip insurance………..hence the good driving records i guess

      • +1

        He hasn't supplied a drawing in MS Paint.

    • Yes I'm pretty sure this is the hub where sun corp and racv check for claims first now. Why bother investigating when ozbargain does it for you, the only free forum on the internet.

  • +40

    Assuming you have comprehensive insurance file your claim asap and make it their problem

    • +4

      I do have comprehensive insurance, access at $1200. You reckon I dont wait and just contact my insurance company first?

      • +32

        You state it’s her fault, her insurance covers the excess?

        • +4

          Really? the other parties insurance will even cover my access? Definitely her fault.

          • +12

            @Aerith-Waifu: Yes. Other than that, in some states you have to report the accident to the police if somebody has been hurt or killed, if the damage is over $3k in repairs, the car has to be towed away or you don't get the other persons details.

            • +1

              @koom: Great to know, not sure if the damage is more than 3k, but consider the back of the car and also the door are all dented, it might as well can be over $3k to fix. By the way the $3k is to one car or both cars?

              • +2

                @Aerith-Waifu: I had small scratches on my front bumper and front passenger side quarter panel (ever so slightly dented) and 1 plastic wheel cover, from a bus which just grazed my parked car. No other damage. Including car hire for over a week it was $3.2k.

                • @Sinnerator: For insurance jobs, repairer will mark-up the prices considerably. No wonder our premium is expensive!

          • +37

            @Aerith-Waifu: excess not access …

            • -4

              @kerfuffle:

              excess not access …

              Maybe they mean MS-Access ??

            • +1

              @kerfuffle: Budget insurer… additional cost to access claim filing dept..

          • @Aerith-Waifu: With RACV in VIC if you make a not at fault claim you don't even have to pay the excess up front.

          • +3

            @Aerith-Waifu: Yeah. Just report it even if its a minor damage. Better to get it properly fixed through insurance rather than some dodgy crap the other person might organise.

            You only pay excess if you are at fault. If you are not at fault, and you give your insurance the other persons details, your insurance will hunt them down and make them pay for all the repairs, no excess for you.

          • +2

            @Aerith-Waifu:

            Really? the other parties insurance will even cover my access? Definitely her fault.

            The other party will pay for everything, your insurance company will pay nothing.

            So no, there is no excess to for you to pay.

          • +2

            @Aerith-Waifu: As others have said, yes. You only pay the excess if you are at fault.
            You should call your insurance company straight away, the video is clear evidence that they were at fault.

            You are also generally entitled to a loan car for the period your car is in for repair, ask your insurer about that.

            You should pay no money at all, you are not at fault. You don’t need to contact the other driver, you just need to share the licence information and phone number that they have you (along with their licence plate number, make and model of their car) to your insurer. It is best to make no contact with the other driver from this point.

            Hope it’s a smooth process for you.

          • @Aerith-Waifu: Check your insurance company PDS. I was T boned off my motorbike last year, I provided the full details of the other party including a photo of their licence and photos of the damage, police report and their contact number, my excess was waived and it didn't go against my no claim bonus. Heck, my insurance company recovered the costs of replacing all my gear as well

          • @Aerith-Waifu: contact insurance company first and report the accident

            Not at fault = ZERO to pay and you also don't lose your no claim discount and wont pay more next year

            At fault = you pay excess and lose no claim bonus … its always best to be the person not at fault.

            No issues here.. its the other persons problem.

      • Yes !

      • +3

        Contact your insurance company with all the details (how the accident occurred, time, date, the other persons details including license, rego, car type, and anything else they provided whether you think its true or not), and then your insurance company will handle everything from there, including where you need to take your car to be repaired.

        Even a minor repair (ie paint scratches) will run $1000 in remove, prep, paint, refit, admin, etc, so if there are dents it will easily be over your excess.

        Dont bother taking it to your local mechanic unless you are worried about how it drives (safety wise). If its drivable, the insurance company will generally be able to provide a faster turn around under the assumption it doesnt need major works, and that they have paint/panel shops which cover the majority of issues these days.

      • -1

        Call driver need claim no so You can use that claim no to fix it up your car,tell him make sure other driver put right details of yours and take full responsibility as you have video footage. If you will use your insurance they will charge access and they will handle all but not sure they refunding access later as not your not fault. ( most likely will be refunded)
        I think when you will make claim using own insurance they will charge access up front. And if car written off then,They charge whole year insurance premium even car not usable anymore ( personal experience). If you use other driver insurance company and when car written off you can cancel policy and will be refunded.

  • +58

    You still believe her after she lied about her license?

    1. File police report
    2. Contact insurance
    3. Get a Dashcam
    • I try to believe the best in people but you do have a point, do i need to file a police report if no one is injured and the damage is minor?

      I just remember I do have Dashcam, it should be recorded! Thanks for that

      • +32

        try to believe the best in people

        ???????

        Who states they don’t have a license after they got into a (at fault) accident ???

        Far out

        • +2

          Well said. Thanks

        • +6

          100%

          The at-fault party was trying to get out of paying for the damage, claiming they didn't have a license then suddenly do when the police were going to get called…

      • +1

        You don't NEED to but you should.

        • +1

          Why? Filing a police report seems like a waste of OPs time and police resources, insurance don't require it.

          • @Nebargains: Google it. You'll find a much better answer there than I could ever write.

          • @Nebargains: Yes, total waste of time.

            She produced the license in the end anyway, so what would the compliant even be. That she told a fib?

            • @trapper: An accident report, not a fibbing report!

            • +3

              @trapper: She has already shown a willingness to lie. Getting the accident report to the police seems like a safe bet in case she tries more lies with insurance as police involvement seems to be a deterent for her.

      • +1

        Humans are very selfish and terrible. I learned that the hard way.

      • +1

        I just remember I do have Dashcam, it should be recorded! Thanks for that

        Cool, let's see it then!

        • OP delivers, well done!

      • Considering she already lied, I don't think this is a particularly trustworthy person, I would have filed the police report/contacted insurance right away.

    • +5

      I am so surprised that people dont buy dashcams straight out the gate when they get their car. Even 5-10% of the price of their car going towards the dashcam is more than enough. All you need to prove that it wasnt your fault.

      • +1

        Even if you have a shitty 5k car 5-10% of that for a dashcam is a lot, $100-150 is more than enough these days for a really good dashcam

      • +1

        I don't think dashcams existed when I got my car.

  • +29

    you've contacted OzBargain Insurance, and your claim number is OZB0083837, please contact your local repairer and provide the claim number and they will organise a repair.

  • +8

    sorry I can't put this together with out a MS Paint diagram, this should have been done first before your post was made.

  • +8

    Not the Koleos?

    I just remember I do have Dashcam

    WTF? Were you under the influence?

    I will take this car to my mechanic to see if its still ok to drive first thing tomorrow morning.

    Don't waste their time please. It's fine.

    back panel is all dented

    In most cars that's also the roof section. Can be very expensive to repair the rear quarter.

    • +8

      At least the bonut was ok in this instance

    • Nope not the Koleos. Its my old car for work. Yeah found the dashcam footage. Looks just like what i described

      • +2

        You can't leave us hanging like this. post it.

      • No harm taking car to the mechanic either, Muzeeb just be opinionated

    • +1

      big scratches near the petrol section, the hinge on the petrol door is broken

      Ehhhhhhhhhhh, any potential damage to the fuel tank would make me want to get it looked at honestly.

      • +1

        I'm guessing op means where the fuel filler cap is. If the tank is compromised then it would have to be a big hit.

    • +1
      • Love myself a bit of Ted Bullpit on a Wednesday morning. Cheers

  • In a T, doesn't the person turning right or left get the right of way? At least the ones I've seen, small side streets, on either side, has give way painted on.

    But I don't pay attention to these things, I'm so used to doing it I just do it.

    What's the address? What does the road look like? YouTube the footage mate.

    Definitely call insurance, fork out your excess of $1,200. They will then start their investigations. They'll ask you to go to one of their folk for a repair estimate, while they track down your at fault party.

    Was the licence she had a local licence?

    Oh, and lastly, Aussie Dash cam that shit mate!

    • +9

      In a T, doesn't the person turning right or left get the right of way?

      I don’t understand what you meant

      • +5

        No one has right of way.

        Someone has to give way.

        @pegaxs - keep it together man!

        • +5

          I was already writing it out as you tagged me… triggered AF right now… :D

          • -1

            @pegaxs: And they're a local road user. Probably one of those entitled drivers at school drop off. Be careful out there.

          • @pegaxs: someone was whiting it out

        • +3

          In NSW, they do state that: "If you’re driving on a road that ends at a T-intersection, you must give way to all vehicles driving on the continuing road, unless a sign says otherwise."
          So OP was in the right on this one, if he was car B. Car A T boned him. (almost at the bottom of the page)

        • Who has the correct of way then?

          • @Ughhh: depends who has wrong of way - two wrongs don't make a right …

            • @Hangryuman: True. One has wrong of way, and one has right of way.

    • They have to give way if entering. There is no other rule as far as i know.

      • need enthusiastic consent

    • +3

      It really depends on the road, some have the straight through of the T with give way or stop signs, others have it on the incoming traffic lane, isn't a blanket rule for this thing
      Assuming no strangely placed stop or give way signs, the person entering the top of the T should be giving way to anyone already travelling on that road.

    • +1

      I sat the VIC driving test last year and this was actually part of the road-rules/reaction test

      Unless posted otherwise at a T intersection, the person on the straight road has the right of way, whether they're turning left/right into your road or continuing straight

    • I don't pay attention to these things, I'm so used to doing it I just do it.

      Probably what that other driver was doing

  • +6

    Lodge a claim with your Insurer NOW, if you can prove someone else was at fault, you should avoid the excess.

    • +15

      It's access dude - see above.

      • Huur duurr bad English…

    • nothing exceeds like excess !

  • +7

    Has already been difficult. Straight to your insurer and make a claim.

  • +14

    She first said she doesn't have license, then I said need to call the police then and she was able to produce it

    Sus AF. You better start the process asap.

  • +20

    Called up my insurer and asked what to do in this situation, they said from the description its 100% their fault and I should not have to pay for the excess.

    Gave me a claim number and sorted out everything.

    Already booked an inspection place tomorrow to have the car accessed. And also confirmed my renew wont go up.

    Looks like its a lot easier to go with my own insurance and let them sort out everything. If the other driver is insured as she claimed then this should be a pretty quick process with repairs (I hope)

    One thing I found interesting is my insurer didn't ask for dash cam footage, I guess they knows as I was the one getting T-Boned hence 100% been the other drivers fault.

    • +11

      Even if they aren’t insured. If your insurance company finds them liable, they will not make you pay the excess and take the other party to court to get their costs back.

    • +2

      They'll only ask for additional supporting evidence if the other party denies or challenges being at fault. You've obviously told them the other party has acknowledged they are at fault.

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