Car Accident Advice (Victoria)

Dr Techno on 26/02/2025 - 11:42
Last edited 29/04/2025 - 06:59 by 2 other users

Hi all, a family member had a car accident. Just wanted advice on situation.

Family Member: Red car - (3rd party)
Other party: Blue car -Full Comprehensive Company car

See diagram.

Basically family member was travelling straight in a bus lane intended to make a left turn to enter McDonalds car park which is about 80 metres away from point of impact. According to road rules you are allowed within bus lane 100 metres before exiting the road -

(from website)
Drivers are not allowed to drive in a bus lane, unless:
they are driving for up to 100 metres to enter or leave the road,

Other party was executing right turn to pull into driveway straight ahead and their vision was blocked by built up traffic in the closer lanes, it's peak hour traffic. Other party T-Boned family member making her do a 180 degree spin since main impact was rear quarter panel. No other cars were damaged thankfully. Other party admitted that they didn't see family member at the time.

Family member doesn't have dashcam and she took photos of accident damage, position of cars and debris on road. There was a bus behind some distance down the road might be able to ask bus company if they have dashcam footage.

Other parties insurance company said family member wasn't driving straight which isn't true and they need to provide a statement now.

Any advice on how to best handle this situation? I'm assuming other party had to give way and since family member was exiting the road less than 100 metres then they should be okay in the bus lane.

Update Apr 28 2025

My family member was found not at fault for the incident.

Family members insurance AAMI stepped up and reminded the other parties insurance company what the road rules are. Other parties insurance company has accepted liability.

Now is the odd part. Family member was asked to withdraw their case from AAMI before proceeding. Family member has done that as she has 3rd party and AAMI wouldn't be able to further assist anyways with her damages. Family member called up other insurance and going through the process to book in for an assessment at their preferred repairer. We were asked to contact their preferred Smash Repairer to make an appointment. a short time after the call family member received an SMS from other parties insurance informing that their customer hasn't met their obligations and cannot proceed to assessment stage until the obligation has been met. Meanwhile preferred smash repairer called up to book in an appointment.

Whats the next sensible step ? Call other parties insurance and ask what exactly the unfullfilled obligation is ?

Automotive

Comments

  • Ryanek on 26/02/2025 - 11:46
    +48

    Other insurance party is just playing hardball. This seems like a straightforward case to me, let your family members insurance handle it.

    • Dr Techno on 26/02/2025 - 12:33
      +1

      Family member has 3rd party via AAMI.. I dont think they are helpful at the moment.

      • spackbace on 26/02/2025 - 12:35
        +41

        Ah yes, just the right answer for a car accident post. No dashcam, 3rd party insurance… chef's kiss

        • Seraphin7 on 26/02/2025 - 15:35
          +4

          Took a while for this one to come out of the oven … but you just knew there was an insurance twist in there somewhere.

          • marcozmitch on 27/02/2025 - 11:48
            -3

            @Seraphin7: Has anyone been hurt? How bad is the damage to both cars? Are both cars written off? Try to get both insurances to assess repair/written off quote ASAP. What is the blame/responsibility of both drivers? Any other extenuating factors? Was the sun glaring into either Drivers eyesight?
            Just some questions which may or may not have any bearing.
            Try to be straight forward and honest AND direct with with any insurance company.If they are trying to blame someone or something, then have that conversation quickly and directly and honestly.Are they blaming distractions in the car of the driver?Yes, it will come down to speeds of the vehicles, road rules,(correct) interpretation of the rules, right of way etc,.
            One example: an Orange light in a traffic light is actually a warning light, not a "speed up to get thru at the last second" light.

            Also make no admissions of accepting blame, that goes without saying. Sometimes there is a 75% responsibility of one Vehicle versus 25% of the other Vehicle, I don't know how insurances works these things out but, there is some way.

      • happydude on 26/02/2025 - 13:39
        +5

        It seems like the other insurer is claiming you are at fault.

        That is exactly when to advise your insurer and get them to handle it. I'm sure your PDS will say that is what you are required to do.

      • Pidapipo on 26/02/2025 - 21:37
        +1

        AAMI provided cover of $5000 for our car when we bought third party insurance with them. Your family member should check their policy and call AAMI regardless.

      • Zonty on 27/02/2025 - 07:45

        Did other driver accept his fault? Or he had dash cam? If driver accept his fault then insurance company can not do much.

      • blackwind on 27/02/2025 - 10:13

        AAMI is one of the worse Insurance company to deal with, specially 3rd party.
        My sister had issue in similar situation. AAMI would ask you to deal with other insurance because you are not at fault.
        But she went to one of the well known repairs, and tell them to help, they did all the work for us.

        • MS Paint on 27/02/2025 - 10:51
          +3

          That's how 3rd party insurance works. If you want a full service you get comprehensive.

          • I3endar on 28/02/2025 - 18:42

            @MS Paint: This, I've had to make two building claims and one not-at-fault car claim in the last few months and AAMI has been fantastic. The car claim was a breeze because it was comprehensive cover and not third party. I imagine if I only had third party they would have also told me to jog on.

      • gutwagon on 28/02/2025 - 11:11

        Have they reported the accident to AAMI ?

    • Dr Phil on 27/02/2025 - 14:13
      +1

      Agree 100%
      it is a straight forward case
      The other party was turning right across several lanes.
      Rule No.1
      You must give way to any and all traffic coming the other way - NO EXCEPTIONS! NO EXCUSES!
      If vision is blocked you wait until you can see properly.

      As point out though 3rd party insurance wont help in this case.
      Where the police notified?

      • Dr Techno on 27/02/2025 - 14:58

        No Police not notified but checking police traffic accident reports website it mentions this -

        https://www.police.vic.gov.au/traffic-accident-reports#who-c…

        Please note that if no person was injured in the accident and all involved parties have exchanged name and address details, Victoria Police will not normally make a formal report of the accident. In that case the Accident Records Office will not be able to provide a report of the accident.

        Thought it may make sense to turn statement into a stat dec though.

        • MrFrugalSpend on 28/02/2025 - 21:31

          That is about retrieving the information at a later date such as for a court case, not about reporting it.

          "In Victoria, section 61 of the Road Safety Act 1986 requires that if you are involved in a traffic accident, under certain circumstances you must report it to the police. These circumstances include:

          if a person or animal is injured or has died
          if anyone’s property has been damaged as a consequence of the accident, or
          if the other party involved in the accident does not stop or refuses to provide you with their particulars (name, address, name and address of vehicle owner, vehicle registration and vehicle details such as colour and make)."

          — GotoCourt.com.au

          "Police should be called immediately, or at the latest 28 days following the accident. If there is a failure to make a police report within 28 days of the car accident, then insurers may reject any claims on this basis, or require a justification for this delay.
          …
          Many insurers will require a police event number, which is given only when a police report is made. This police report will be crucial evidence for any compensations claims you make insurers may reject compensation claims purely on the basis that there is no police documentation for the car accident."

          — Slater & Gordon

          Unless the damage is really minor, which it sounds like it is not, it should be reported asap. The police would probably have determined the other driver at fault and maybe even fined them long ago. Between asking about it on OzBargain, and reporting the details to the police, which do you think is more likely to be able to be used by insurers to determine what happened?

  • Russell Dupsumtucka on 26/02/2025 - 11:47
    +30

    Blue car didn't give way to through traffic, they are 100% at fault.

    • AustriaBargain on 26/02/2025 - 14:06

      But if red car doesn't have comprehensive insurance, does that mean they need to personally chase up blue car's insurance?

      • Russell Dupsumtucka on 26/02/2025 - 14:22
        +5

        I guess so, but only if they want their car repaired/payed out.

        • GregRust on 27/02/2025 - 22:48

          It’d be nice if third party covered this as well. I mean sure, don’t cover the cost of repairs to my car if I’m at fault, but at least chase up the other party for me when I’m not at fault.

          • kerfuffle on 28/02/2025 - 11:19

            @GregRust: That's called comprehensive.

            • GregRust on 28/02/2025 - 13:09
              +1

              @kerfuffle: Comprehensive would also cover the costs to repairs to my vehicle even when I'm at fault, which is not what I'm suggesting.

    • eddyah on 27/02/2025 - 12:38
      +2

      Imagine if red car was on a motorbike / a cyclist.

      Blue car needs to be a better driver.

  • askbargain on 26/02/2025 - 11:49
    -6

    If blue car had their sirens on, red car should have yielded.

  • plmko on 26/02/2025 - 12:01
    +14

    Irrelevent if driving on a bus lane. Your family could be doing burn outs blocking traffic but the right turning car would still need to yield until it is clear.

  • HamBoi69 on 26/02/2025 - 12:04

    Fry-fueled fender bender? Check the bus cam and tell insurance: seeing is driving!

    • Murkymerv on 26/02/2025 - 14:11
      +1

      Shouldn't that be , seeing is believing ⁉️

  • Jaduqimon on 26/02/2025 - 12:06
    +7

    Wall of text but you missed out the most important information….

    Does your family member have comp insurance?

    • Dr Techno on 26/02/2025 - 12:32

      Family Member 3rd Party. Other party full comp

      • Jaduqimon on 26/02/2025 - 12:36
        +8

        Rip

        • CaptainJack on 26/02/2025 - 13:48
          +2

          why

          • [Deactivated] on 26/02/2025 - 20:53
            +7

            @CaptainJack: OzB is full of insurance sycophants

      • derrida derider on 27/02/2025 - 10:31

        This is why you get comprehensive. Because the other guy knows they can screw you, no doubt to the point of outright lying, because you haven't got your own insurance company minding your back. They would not be trying this on if they knew you were comprehensively insured.

        That said, all is not lost. Just provide that sworn statement, complete with your MSPaint diagram. And if that is not enough then send your own letter of demand to the other guy to make it clear you are not going to let it go.

        • ar7ist on 28/02/2025 - 12:43

          Can the other party igone the letter of demand? Or is it sent to the insruance?

          • Browsers on 28/02/2025 - 13:56

            @ar7ist: Other party could choose to ignore the letter but why would they when they have paid for indemnity via insurance? And if the other party doesn't cooperate, some states permit the claimant to add the insurer to the legal proceedings.

  • timcc0208 on 26/02/2025 - 12:08
    +11

    Blue car is at 100% fault.

  • MS Paint on 26/02/2025 - 12:28
    +4

    This is exactly why I don't eat McDonald's anymore*

    *when I'm in my red car only.

    • Dr Techno on 26/02/2025 - 12:32
      +1

      Yeah Im not eating at McDonalds anymore too :)

      • MS Paint on 26/02/2025 - 12:35
        +2

        Is the McDonald's part just an excuse for being in the bus lane illegally?

        • Dr Techno on 26/02/2025 - 12:40
          +4

          No she went to McDonalds afterwards.

          • MS Paint on 26/02/2025 - 12:42
            +4

            @Dr Techno: Be careful if you get the bus footage and it shows the red car in the bus lane way before it was meant to be.

          • frewer on 26/02/2025 - 18:34
            +3

            @Dr Techno: LOL talking about stress eating

  • Xetrok on 26/02/2025 - 12:35
    -2

    Let your family member's insurance handle it.

  • JimmyF on 26/02/2025 - 12:36
    +2

    Any advice on how to best handle this situation ?

    Lodge an insurance claim, give your side of the story. They will investigate and advise.

    Basically red car had right of way, blue car didn't giveway to oncoming traffic when turning.

    • MS Paint on 26/02/2025 - 12:39
      +5

      Basically red car had right of way,

      @pegaxs - take a chill pill before you reply please.

      MS Paint on 26/02/2025 - 12:39 (Collapsed - Offtopic. Show)
      • pegaxs on 26/02/2025 - 13:33
        -1

        Comment blocked. Show

        No idea what it says, so it's all good. :)

        They have obviously been blocked on my account at some stage, so whatever they are saying is probably equally as worthless as the time I set them to be blocked. :)

        *sips on blocked user's tears*

        Edit: lol @ neg vote… *sips some more tears*

        • JimmyF on 26/02/2025 - 13:55
          -5

          They have obviously been blocked on my account at some stage, so whatever they are saying is probably equally as worthless as the time I set them to be blocked. :)

          Feeling is mutual.

        • us3rnam3tak3n on 26/02/2025 - 17:53

          Wasn't goint to neg but you seem to be enjoying those tears… you're welcome.

      • JimmyF on 26/02/2025 - 13:57
        -4

        Do you boys need some tissues once your done?

        • MS Paint on 26/02/2025 - 13:58
          +1

          We've just booked a room with included tissues so all good thanks.

          • JimmyF on 26/02/2025 - 13:58
            -5

            @MS Paint: That's good. Enjoy your crying room.

    • MrFrugalSpend on 28/02/2025 - 21:37

      They don't have insurance for themselves, only 3rd party. They aren't liable for the 3rd party.

  • Dr Techno on 26/02/2025 - 12:46

    with family member being covered for 3rd party would family members insurance actually help handle claim (AAMI) ? or pretty much 3rd party your on your own even if not at fault ?

    • Jaduqimon on 26/02/2025 - 12:50
      +1

      on your own, unless the other at fault party is uninsured then you get some help. but since you said other party has comp insurance then yeh, its your family vs their insurance company now.

      • CaptainJack on 26/02/2025 - 15:54
        +4

        Surely you're not on your own because if OP's family member is found at fault, AAMI will be on the hook for the other car's repair costs.

        Once it's agreed that the other driver is at fault, I would've thought it's fairly straightforward to get your car repaired and the other insurer pays for it.

        • jerjergege on 27/02/2025 - 08:12
          -1

          https://www.budgetdirect.com.au/car-insurance/articles/compr…

          Here's a quick snippet on what comprehensive vs compulsary 3rd party insurance is.

          Apart from liability insurance, the only other included benefit for Third Party Property Only Car Insurance is cover for damage caused by an uninsured third party who is at fault for up to $5,000. Keep in mind that this also includes recovery, towing and storage costs, so you may not be covered for everything.

          • CaptainJack on 27/02/2025 - 09:16
            +1

            @jerjergege: So exactly consistent with what I wrote then. Seems a lot of people here don't understand how insurance works.

            • terriblebargainer on 28/02/2025 - 07:54

              @CaptainJack: It is at the point where it is not worth replying because so many people drown out the correct responses by saying third party wont help you are on your own. If the other insurance is pointing the blame at you it means your insurance is on the hook to cover the damages so absolutely they need to be involved….

              if you don't involve third party insurance when you are being accused of being at fault then why would you even have third party…. that is literally the point of third party insurance. I can only assume that those people are suggesting you cover the costs out of pocket because if the other insurer is finding you at fault then they will be recovering costs from you.

      • Zonty on 27/02/2025 - 07:52

        I am confused. If even your fault,Does not your insurance company liable to pay other party's car and it's fixing? If insurance company will be liable then they need to involved

        • derrida derider on 27/02/2025 - 10:41
          +1

          Yes, but the arguments are about two things:
          - is the other guy on the hook for the excess (noting insurance is not too fussed about this because if they don't get it out of him they'll get it out of OP)
          - is the other guy's insurance on the hook for repairing OP's car

          Other guy is looking for excuses not to pay the excess, while his insurance company is looking for excuses not to pay up for OPs car.

          OP needs to talk NOW to their own TPP insurance, who have a $5000 stake in defending that claim and will do all the running around for you.

    • kekw on 26/02/2025 - 12:56
      -1

      3rd party should still cover when you are not at fault. read the policy.

      • Jaduqimon on 26/02/2025 - 13:08
        +4

        nah. its typically up to $5000, if the other party in UNINSURED.

        • Fysh on 26/02/2025 - 18:22
          +1

          The 3rd party company isnt going to take on liability just on the other insurers say so. They will want to dispute so they dont pay. Thats absolutely false. Interfering and admitting liability will get ur 3rd party policy cancelled

  • MS Paint on 26/02/2025 - 12:48
    +1

    Family member doesn't have dashcam

    Nudge nudge wink wink say no more say no more

    • Dr Techno on 26/02/2025 - 13:14
      +7

      Family members accident prompted me to check my dashcam thats when I found the dead sd card without warning at all. pretty good for 8 years of service but good reminder to always check dashcam sd cards now and then.

      • MS Paint on 26/02/2025 - 13:19

        That makes sense. Cheers

      • kerfuffle on 26/02/2025 - 13:58
        +2

        At least once a month

        • Dr Techno on 26/02/2025 - 14:01

          Good idea. It makes me nervous now when a SD card can just die without warning.

          • Save 50 Cent on 26/02/2025 - 15:01

            @Dr Techno: Get a good brand max or high endurance. They are meant to handle a lot of overwriting unlike other ones.

  • iand on 26/02/2025 - 13:08
    +3

    Family member should provide statement saying they were driving straight and point out if they weren't they would either have been driving towards the footpath or towards cars in the lane on their right or they were turning into the driveway and that any of those results would still mean they were in the right and the other party should have given way

  • Dollar General on 26/02/2025 - 13:14
    +3

    Send the insurance company photos of the red car with t-bone damage, as well as details on how the crash occurred. Also send a letter of demand, which you can download examples of.

    The other party has given their version of events

  • pegaxs on 26/02/2025 - 13:15
    +8

    they need to provide a statement now.

    Then provide a statement.

    Any advice on how to best handle this situation ?

    Provide the statement they request.

    Im assuming other party had to give way

    Your assumption would be correct. It is no different to if there was a bus in that lane. If they couldn't see, they should not have gone. (Also, thank you SOOOOO much for saying "give way" rather than your family member had "RiGhT oF wAy!1!")

    family member was exiting the road less than 100 metres then they should be okay in the bus lane.

    Correct. Road Rule #158 (1)(a) and (4) (Exceptions to driving in special purpose lanes etc.) covers driving in "special purpose lanes".

    (1) The driver of any vehicle may drive for up to the permitted distance in a bicycle lane, bus lane, tram lane, transit lane or truck lane if it is necessary for the driver to drive in the lane—
    (a) to enter or leave the road;

    (4) In this rule—
    permitted distance means—
    (a) for a bicycle lane or tram lane 50 metres; or
    (b) for any other lane—100 metres.

  • jv on 26/02/2025 - 13:16
    -7

    Any advice on how to best handle this situation?

    Hire a lawyer…

  • Ocker on 26/02/2025 - 13:42

    Blue car was changing direction of travel and is automatically at fault

    • SYLTB on 26/02/2025 - 14:19
      -4

      Not necessarily, and what if blue car was also heading to Mac?

      • OzBarAnon on 26/02/2025 - 14:26

        "What if blue car was also heading to Mac"
        They weren't. Their destination was stated in OP's post, so it doesn't matter

        • SYLTB on 26/02/2025 - 14:31

          Mac part ok, my bad, but still changing direction does not make him at fault automatically, it depends.

          • Ocker on 26/02/2025 - 19:07
            +1

            @SYLTB: I was involved in an identical situation - I was the blue car. Police told me I was 100% at fault as I turned in front of the other car.

    • MS Paint on 26/02/2025 - 14:25
      +1

      Link to source of this rule please.

  • Wiadro on 26/02/2025 - 14:55
    +1

    how was the maccas?

  • us3rnam3tak3n on 26/02/2025 - 18:11

    Other party admitted that they didn't see family member at the time… Other parties insurance company said family member wasn't driving straight which isn't true and they need to provide a statement now.

    If the other (blue) party didn't see the red party then how can they make claims about red party's direction of travel?

    Also, if not driving straight, what exactly are they claiming? That red was leaving the shopping centre? If so, surely they would have taken the details of a witness in the area.

    Maybe the car park has cameras that would help.

  • Fysh on 26/02/2025 - 18:24

    Omg if youve got 3rd party and they are saying its your fault lodge the claim thru ur insurance 😤. Doing otherwise may cancel ur policy

  • SpendLess on 27/02/2025 - 09:18

    same thing happened to me years ago but on the other side. Same scenario. 3rd party you are on your own and have to take them to court. I did send them a letter of demand etc as well. My car was a shit box so didnt go through with it. Worse thing was i just changed to 3rd party 6mths prior haha fml back then

    Maybe i should have pushed harder and called their bluff

  • gengi on 27/02/2025 - 09:18

    If you have photos of the crash aftermath and statements you should get it all together and email the insurance.

    Confirm in writing what they are claiming as it seems pretty nonsensical unless the other driver has changed their statement. You could also reach out to the other driver if you have their details and ask what statement they provided.

    Go from there. I don't see how they could claim your at fault. if your car is changing lanes the blue car still needs to give way.

    If they dont play ball and you have the evidence just send them a letter of demand. You can also complain to the ombudsman as they have to pay for any complain made to them so it may get them moving.

    PS also maybe worth getting your 3ed party insurance involved if they are saying its your fault.

  • Kremleen on 27/02/2025 - 09:54
    +1

    Do your own leg work and contact the at-fault company's insurance company. Provide them with a statement of what happened so they can have a full picture of what happened. The at-fault could have said they were turning and you were turning left or something else but it's in your best interest to provide a statement. Statement + collision damage is usually good enough for claim assessor to determine fault.

  • gutwagon on 27/02/2025 - 10:22
    -1

    Report accident to your insurance company and only communicate with your company. Send any correspondence to your insurance company and don't reply to their insurance company.

    • MS Paint on 27/02/2025 - 10:55
      +1

      Have you even read the replies above? FFS

      • gutwagon on 28/02/2025 - 11:05

        Yes and there is no way the OP could be responsible for the accident. At no point do they say they have informed their insurance company, they seem to think they will get no help. Even if it 3rd party only the company will want to make sure they don't have to pay so they will deal with the claim FFS !

  • Darude Sandstorm on 27/02/2025 - 11:38
    -1

    Family member wasn’t driving straight? Drifting?

  • Browsers on 27/02/2025 - 12:01
    +2

    On the version of events provided by OP, blue car is solely at fault for failing to give way to oncoming traffic at a right turn. As others have pointed out, red car's presence and distance travelled in the bus lane is irrelevant to the question of fault for this incident. If blue's insurer takes the position that blue is not solely at fault, by implication they regard red as partially at fault, which would open the door for a claim under red's third party policy for the damage to blue's vehicle. Irrespective of fault, there is likely a requirement in red's policy to disclose any accident between red and another driver involving damage to the other driver's vehicle. So red should inform their insurer with instruction not to accept any liability, and let the insurers argue it out. If the outcome is not to red's satisfaction they can escalate it with their own insurer's complaint process before taking it to AFCA.

  • ozb1ozb2ozb3 on 27/02/2025 - 12:08

    Caution - I am not a lawyer and below is not a legal/financial/insurance advise.

    Feeling anxious or overly stressed often leads to unfavorable outcomes. It's important to stay calm and approach the situation logically. As I understand, their insurance company has requested a driver statement which is a reasonable request. I recommend helping your relative prepare a factual statement.

    Once ready definitely inform their third-party insurer that they intend to submit the statement unless asked to stop by the insurer. Record time of the call and name of the customer service representative they speak with. Request for call to be recorded and transcript shared if that is an option. Follow up phone conversation with an email for records.

    Take all reasonable steps a prudent person would take.

    While sharing the statement with the other party, set a clear deadline for their response.

  • Clickbait on 27/02/2025 - 13:52

    Some random thoughts.
    If it is your first accident, it goes like this. YOU = "I was in the right". Everyone else = "Yeah Right!"
    Go to https://www.calcmaps.com/map-distance/ and you can get a distance measurement.
    Being in a Bus lane is illegal, so you could get fined.
    But so could the other car for failing to give way, so they could get fined.
    If either of you goes to the cops you will both get fined.
    I didn't see any mention of speed, but maybe I missed it.

    • MS Paint on 27/02/2025 - 13:58
      +1

      you can get a distance measurement.

      Or just use the built in distance measurement tool in Google maps for an extremely accurate distance.

  • charkwayteo on 27/02/2025 - 16:12

    Get some quotes for repair, send a letter of demand to driver and insurance company. If no comply take them to small claims court. It's a bit of a PITA but your family will get paid in the end. I used to be in the same boat, but after experiencing a similar thing twice I've coughed up the extra cost of comprehensive going forward cuz I cbf doing the run around.

  • bobobo on 27/02/2025 - 16:23

    when there is no evidence/dashcam, people will have their own version of the incident.
    I once parked my car on a small street to rest(engine off/dash cam off) , got hit by other car, We exchanged information, and week later , other party insurance claim it wasmy fault, since there was no evidence, everyone can make up their own version unfortunately.

    • Dr Techno on 01/03/2025 - 15:36

      I fully understand this. I'm upgrading my 1 channel dashcam to 3 channel now

  • Hugh G Rection on 27/02/2025 - 21:04

    let insurance handle it, that is what it is there for.

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