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

  • carimakan on 28/02/2025 - 09:52

    Not by law, however it’s about courtesy driving skills and experiences, every driver should look all directions front back left right, reset all directions visions every few seconds, and especially before and when making turns. Give ways as per the law.

    Many drivers may be holding full driver license, however lacking driving knowledge and safety.

  • Eeples on 28/02/2025 - 11:31

    How would the others insurance company know the red car was not driving straight?

    And even if they were, so what?

    Edit: OP please say ‘3rd party property’ not just ‘3rd party’

    • NanoDuke on 28/02/2025 - 12:01
      +1

      OP please say ‘3rd party property’ not just ‘3rd party’

      Bit pedantic, though?
      Even when you google "Third party property" only 6 out of 20 top search results use the word 'property'. All simply say "Third party car insurance".

      • Eeples on 06/03/2025 - 18:58

        Yes, lots ppl need an education.

        Or, are you suggesting if many ppl are ignorant then it’s okay to continue such ignorance.

        Or, laziness, or whatever you want to call it.

        • NanoDuke on 06/03/2025 - 23:46

          Nah just suggesting pedantry. No one skips a beat if you say "3rd party" over "3rd party property".

  • alxr0101 on 28/02/2025 - 16:14

    What does "Other parties insurance company said family member wasn't driving straight…"

    even mean?!?

    • tenpercent on 28/02/2025 - 22:47

      You might have skimmed past this bit:

      family member was travelling straight in a bus lane intended to make a left turn

      Or if your reading comprehension is low, it just means that the insurance company for the blue car (other) driver is saying that the red car driver (who is a family member of the OP) was not driving straight.

      • alxr0101 on 03/03/2025 - 02:16

        I'd want to reference the exact text the insurance company used or if "straight" is the synopsis of that request.

        It's a nonsense assertion…of course the car is travelling "straight"….it's not performing a "turn" at the point of impact (irrelevant that the "intended" turn is still some distance up the road, irrelevant that the driver is in a bus lane).

        The other vehicle CROSSED into their path and therefore failed to give way.

        Thankyou for offering your silly proposition that my "reading comprehension is low".

  • Dr Techno on 28/04/2025 - 11:37
    Merged from Insurance Question - Customer Not Meeting Their Obligations

    Hi All,

    My family member was found not at fault for the following incident - https://www.ozbargain.com.au/node/895138

    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 ?

    • jv on 28/04/2025 - 11:39
      -4

      Whats the next sensible step ?

      Speak with a lawyer…

      • Flutterby on 28/04/2025 - 17:13
        +2

        Buy comprehensive insurance after that.

        • jv on 28/04/2025 - 17:27
          +1

          Should've had it in the first place…

    • Xyzzy on 28/04/2025 - 11:43
      +5

      Just a guess, but I'd go with: the unfulfilled obligation is paying their excess.

      I'd ask AAMI for help/advice - their 3rd party insurance does provide some cover if you're hit and not at fault.

      https://www.aami.com.au/car-insurance/third-party-property.h…

    • tenpercent on 28/04/2025 - 11:45
      +3

      Call other parties insurance and ask what exactly the unfullfilled obligation is ?

      I think that would be the sensible first next step.

      You may also be able to take it to AFCA.

      If your vehicle was damaged, the other party was at-fault, and you are uninsured, you may be able to make an uninsured motor vehicle claim on the other driver’s insurance.

      If the insurer refuses your claim and the cost of repairing your car is less than $19,000 (as at 1 January 2024), you may be able to take your complaint to AFCA. This is a free service and is cheaper than taking the other driver to court. You should try this option before going to court.

      If your family has the other driver's contact details (they should), then they might also politely ask them what is happening (as the insurer may not reveal that they have failed to pay the excess or premiums). Your family member might also suggest to the other driver it will be cheaper to pay the excess than to end up in court having to pay additional costs.

      This is not legal advice. Please do not send me $1000 payment for this not-a-consultation.

      • Euphemistic on 28/04/2025 - 12:14
        +1

        But i like your advice. Can i send you apple gift cards?

      • Flutterby on 28/04/2025 - 17:47

        No point contacting AFCA as the insured party have likely withdrawn their claim.

        AFCA will step on if the insured party has made a claim. Oh well, no harm in trying if you ("your friend") has the spare time.

    • Gdsamp on 28/04/2025 - 11:48
      +4

      Whats the next sensible step ?

      Take out a comprehensive car insurance policy

      • Muppet Detector on 28/04/2025 - 12:26

        Will they insure a car that is already damaged?

        • Gdsamp on 28/04/2025 - 12:30

          hwhy not?
          would they continue to insure your car after you had it repaired after a claim?

        • 87percent on 28/04/2025 - 13:45
          +1

          AAMI are freaking ridiculous with their policies. Couple of years ago, my car was hit from behind. Was booked in for repairs a couple of months away (this was just after COVID, so things were chaos). Was fine as my car was still driveable.

          Meanwhile, my AAMI insurance policy was due for renewal and during the questions on the renewal about "existing damage" i selected "YES". This resulted in AAMI declining my new policy. I called them up to explain "wtf" and they said "well, you can take up 3rd party until your car is repaired, and then switch to comprehensive"

    • Ocker on 28/04/2025 - 11:51
      +11

      Should never have withdrawn claim via AAMI, rather leave it with them to sort out.

    • Euphemistic on 28/04/2025 - 12:17
      +1

      Send a letter of demand to the at fault party. Send it registered post if necessary.

      • Muppet Detector on 28/04/2025 - 12:25

        Wouldn't the next step be to obtain a quote for the cost of repairs so you know how much to demand in that letter?

        Probably need to have at least a ball park figure with reasonable supporting evidence, wouldn't you?

        • Euphemistic on 28/04/2025 - 14:18
          +1

          Yeah. Probably need an amount to send to them. If the car is drivable it isnt too hard to get a repairer to quote. If thw car is not drivable, get it towed to whereever you want the work done and get a quote. The other party's insurer juat needs to pay for the worm at a reasonable lrice, they dont ened to use 'their repairer'

    • Muppet Detector on 28/04/2025 - 12:23
      +2

      Family member was asked to withdraw their case from AAMI before proceeding.

      By who?

      Whats the next sensible step ?

      Do not proceed with engaging the services of the repairer until you have written confirmation that they will pay for any costs which you may incur.

      Curtesy would also dictate that you pause making your appointment with the smash repair in case you fail to get confirmation that other party will pay before date of appointment assuming this will cause you to cancel or change that appointment. No need to waste repairers time. He's an innocent third party here.

      Do let repairer know why you are not pursuing an appointment for now.

      This means that if the other insurer will engage with you (as you aren't a contracting party, are they required to?), ask them what they are doing to get the claim back on track, what would be a reasonable timeframe to expect this to happen before you explored other recovery options and what you may be required/able to do to help this process.

      If their insurance won't help you, you will need to explore other recovery options if you want your car repaired and you want them to pay.

      Whether you access professional legal guidance or represent yourself in relevant recovery avenues, it is likely you will need an indication of how much this may cost.

      With that in mind, consider getting two or three quotes to support your claim as the first step is likely to be issuing a letter of demand and you will need to know how much you're going to demand.

      • Flutterby on 28/04/2025 - 17:15

        "innocent third party here"

        Or playing dumb.

    • Muppet Detector on 28/04/2025 - 12:43
      +1

      I should add, if you feel that you can competently engage with the person at fault you could always ask them what is happening with their insurance and when they are going to get things back on track.

      Just be careful here that you don't somehow give up any more of your support mechanisms.

      If you may get talked into something with which you don't agree or understand that could impact recovery of a fair remedy, it is best not to approach anyone without informed support and guidance from someone on your side.

      Neither the other party, their insurer or any of their representatives are on your side. You need some people on your side.

    • blitz on 28/04/2025 - 16:44
      +1

      So it looks like they wanted AAMI out of the way before not paying the excess. Have you spoken with AAMI?

    • Flutterby on 28/04/2025 - 17:39
      +2
      1. Get a quote from a reputable repair shop
      2. Get a quote for car hire for the time it is estimated to be repaired
      3. Sum up the two and send a letter of demand
      4. Be prepared to lodge an xCAT case. Since you ("your friend") asked, best to engage a lawyer no later than this point.

      Having said all that, ideally, engage a lawyer now https://www.ozbargain.com.au/comment/16469710/redir

      Whilst cost of the lawyer might not be recovered in full, but shouldn't be far off from all the comprehensive premium not paid over the years.

    • bobbified on 28/04/2025 - 18:43
      +2

      Family member has done that as she has 3rd party and AAMI wouldn't be able to further assist anyways with her damages.

      Third Party Property Damage is a type of insurance that covers you for damage that you cause and are liable for. It doesn't cover damage to your own property. However, one of the more recent features in that type of policy is that they will cover you up to a certain amount (usually around that $3000-5000 mark) only if the party who is deemed at-fault is not insured. That is the only time AAMI will get involved. Given that, in this case, the other party is insured, then AAMI will not get involved and you have to deal with the other party's insurance company.

      It limits the insurance company's exposure to risk, hence the cheaper premium that was paid.

      If you want full 'claim handling' service, you have to get comprehensive insurance (that comes with a higher premium).

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