Hassles after a car accident!!

FRDGAL · 25-04-2006, 12:48 AM

I only just read my mail (at 12.30am - it was in the car and I forgot all about it) and here's the story. In February, I was hit by a taxi. He reversed into my front end at full pelt. A gentleman that witnessed this came over to me, told me he saw the taxi reverse into me and handed me his business card etc and so on. So I have a witness. I claimed through my Insurance (Just Car) and after filing a police report everything was fine, I had the car repaired and that was that. Or so I thought...........

But now, I get a letter in the mail with attachment copies of assessor reports and quotes from a panel shop. The taxi driver's insurance company is claiming that I am responsible for the accident and the panel shop's quote has written "we found that it had been hit in the rear"

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2 months after the accident, they want me to pay a total of $882.83 for damages to the taxi. Damages that I apparently caused.

I haven't been through this before so what do I do? Do I ring my Insurance company and have them battle it out or do I seek legal advice? I thought him reversing into to me would make it his fault but am I partially at fault somehow without knowing it? Also, the name of the taxi driver according to this letter differs from the name that the driver himself wrote out for me

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So, if you've ever had an accident that wasn't your fault and have been through a situation like mine, then some advice would be greatly appreciated.

As if I don't have enough problems....................

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LUXO_8 · 25-04-2006, 12:53 AM

that sounds like crap......definatley seek legal advice....

carazy · 25-04-2006, 01:02 AM

It is crap. Lots of companies go direct to the claimant to bypass the insurance company.
It's a dodgy little trick they use to try and get you to pay for the claim the taxi driver has made.
Don't even worry about it. Call your insurance company and forward the letter to them.
They deal with it as that's exactly the risk you pay them to cover.

PM me if you have any trouble and let me know the name of the insurance company trying to rape you.

Ben Williams · 25-04-2006, 02:15 AM

I feel for you I really do.
I know I don't post very much at all, but I feel that I have to post a brief message in this thread.
Jan last year I was stopped at a red for about 5secs before a Taxi went right up the rear of my car at the time. Car was nothing special (ie - in money value, etc) but you would not believe the trouble I had getting anything out of the Taxi people at all. This car only had 3rd Party Fire & Theft on it, so couldn't get my Insurance company to do the work for me, it was unbelievable the crap I went through. Dealing with Taxi drivers and companies after an accident can be such a pain in the ИИИИ.

but anyway, sorry to sound so negative and that I can't be of any real help to you but sounds like you have a much better chance of it turning out for you though with a witness you can get in touch with, etc. Good luck with getting it all sorted

Just thought I would let you know how bad I feel for you

*edit* first post? coulda sworn i had posted a few things before, oh well

FRDGAL · 25-04-2006, 02:24 AM

Quote:

Originally Posted by Ben Williams

I feel for you I really do.
I know I don't post very much at all, but I feel that I have to post a brief message in this thread.
Jan last year I was stopped at a red for about 5secs before a Taxi went right up the rear of my car at the time. Car was nothing special (ie - in money value, etc) but you would not believe the trouble I had getting anything out of the Taxi people at all. This car only had 3rd Party Fire & Theft on it, so couldn't get my Insurance company to do the work for me, it was unbelievable the crap I went through. Dealing with Taxi drivers and companies after an accident can be such a pain in the ИИИИ.

but anyway, sorry to sound so negative and that I can't be of any real help to you but sounds like you have a much better chance of it turning out for you though with a witness you can get in touch with, etc. Good luck with getting it all sorted

Just thought I would let you know how bad I feel for you

OMG how sweet

You have PM by the way!

Dezza · 25-04-2006, 01:50 PM

Quote:

Originally Posted by Ben Williams

I feel for you I really do.
I know I don't post very much at all, but I feel that I have to post a brief message in this thread.
Jan last year I was stopped at a red for about 5secs before a Taxi went right up the rear of my car at the time. Car was nothing special (ie - in money value, etc) but you would not believe the trouble I had getting anything out of the Taxi people at all. This car only had 3rd Party Fire & Theft on it, so couldn't get my Insurance company to do the work for me, it was unbelievable the crap I went through. Dealing with Taxi drivers and companies after an accident can be such a pain in the ИИИИ.

but anyway, sorry to sound so negative and that I can't be of any real help to you but sounds like you have a much better chance of it turning out for you though with a witness you can get in touch with, etc. Good luck with getting it all sorted

Just thought I would let you know how bad I feel for you

*edit* first post? coulda sworn i had posted a few things before, oh well

Posts in the Pub or the Bar don't count towards your Post Count.

I know the feeling though. I got rear-ended in 2003. Obviously the other person was at fault. The damage to my car was minor (about $900 - the Hilux that hit me had $8,500 worth of damage!), but it still took about 7 months before the insurance company coughed up the money, and that was after a lot of hassling. I only have 3rd party property, but still that was pathetic that they took so long.

Good luck with the inurance FRDGAL_AU6. Good thing you had the witness. Hopefully it all get's sorted.

fiery · 25-04-2006, 02:00 PM

Quote:

Originally Posted by carazy

It is crap. Lots of companies go direct to the claimant to bypass the insurance company.
It's a dodgy little trick they use to try and get you to pay for the claim the taxi driver has made.
Don't even worry about it. Call your insurance company and forward the letter to them.
They deal with it as that's exactly the risk you pay them to cover.

PM me if you have any trouble and let me know the name of the insurance company trying to rape you.

That is the best advice anyone could give. Simply let your insurance company deal with the other mob. Your insurance will only be to happy to sort this out for you I am sure.

Good luck and don't stress over it, you know you are in the right, you have a witness and a police report. Hope it does all work out for you.

Cheers
Kerri

Racecraft · 25-04-2006, 03:24 AM

It happens all the time.. You have a witness, so just forward the quote to your policy holder and let them sort it out. On the letter you recieved just add a quick cover note explaining you were not at fault, the witness's details, a copy of the police incident report and state your repairs have already been carried out.

Black XR6 · 25-04-2006, 04:30 AM

I guess a lesson to be learned it if you get hit by a taxi, get the police on the scene. They will make their own assessment of who is at fault and if he gets a neg, its all the more easier to get the cash I guess.

frdgal, you say the name differed from that given to you at the time? Did you sight his licence and also have a look at the taxi to see the name they in the taxi?

Also, maybe a good idea (if your worried) to carry a small cheapy digital camera around with you in the glove box just in case. That way you can take pics on the scene and thats further evidence I guess.

FRDGAL · 25-04-2006, 04:47 AM

Quote:

Originally Posted by Black XR6

............ Also, maybe a good idea (if your worried) to carry a small cheapy digital camera around with you in the glove box just in case. That way you can take pics on the scene and thats further evidence I guess.

Thank god for the witness that's for sure.

I just don't understand why after 2 months they're doing this to me. Judging by what's written in the assessor's report, I'm wondering if maybe the taxi driver didn't even notice the witness come up to me. Because he was still in his car when the witness ran over and gave me his business card and then ran back. So I wonder.....

But I've taken everyone's advice and I've already written a cover letter for my insurer and I will ring them today and see what they say. Hopefully all I'll need to do is pass this on to them and let them sort this out.

I'll post an update later today.

Thanks everyone

AUIII XR8 MAN · 25-04-2006, 02:51 PM

Quote:

Originally Posted by FRDGAL_AU6

But I've taken everyone's advice and I've already written a cover letter for my insurer and I will ring them today and see what they say. Hopefully all I'll need to do is pass this on to them and let them sort this out.

That is really the best thing you can do. Good luck with it.

Martyvan · 25-04-2006, 07:50 AM

FRDGAL_AU6: Good luck with your proceedings, before you send anything on, make sure you have copies, and detail all phone calls received etc. And your original correspondance with your insurance company. Also pass on the witness name to the person who observed it.

Quote:

Originally Posted by Black XR6

Also, maybe a good idea (if your worried) to carry a small cheapy digital camera around with you in the glove box just in case. That way you can take pics on the scene and thats further evidence I guess.

Thats actually a very good idea. Although, my mobile now has a 2MP camera and video recording at VGA quality, so i can record/snap most things pretty well.

Black XR6 · 25-04-2006, 05:13 AM

Quote:

I just don't understand why after 2 months they're doing this to me.

They're an insurance company. Some will do anything to get out of a claim unfortunately. If ten percent of people pay the money that still saves the insurance company alot. Atleast you had comprehensive cover and was able to get it fixed by your insurer and get them to do the chasing. Should be a fairly simple matter of handing them the letter from the other insurer and let them handle it.

Iphido · 25-04-2006, 08:35 AM

Its standard practice I think to send out a letter claiming "OMG you need to pay us $$$'s!!!"

Your insurance company proberly did exactly the same thing on your behalf. Such nice little companies these things are aren't they?

GUTLES · 25-04-2006, 09:18 AM

Same sort of thing happened to me.. I was the last car in a 3 car pile up a few years ago - the car infront of me had already gone up the rear of the car infront & i couldn't stop & hit him.. The car in the middle was a crappy XD, his insurance company sent me a bill for $2500, as if the car wasn't a write off!, so I rang them & they said i caused the accident & that it was my fault, luckily the guy in the first car was a relative of a mate & he told them the guy in the XD caused the accident & all was forgotten..

It really is a scam from Insurance Company's & the should get fined for it.

pauljh74 · 25-04-2006, 11:45 AM

I had an incident where I was at the front and had to brake heavily - I stopped. The car behind me managed to pull up, then a couple of seconds later he was hit and then pushed into me. So car 3 was at fault. The guy in car 2 was driving a company car and got it fixed through his insurer to minimise hassle. Car 3 was a write off due to costs being higher than the value of a early/mid 90's Laser. I got my car fixed eventually when I had time off work. I had a claim number from car 3's insurer and they paid the bill. A little after that, I got a call from car 2's insurer saying car 3's insurer told them I was at fault! Car 2's insurer were looking to recover their costs. Considering car 3's insurer paid my bill - HOW THE HELL DID THEY COME UP WITH THAT?!
I told them their own client could tell them who was at fault and that my repairs were already paid for by the other insurer and that was the end of that.

For your case, if you have a witness, or a police report from the witness and yourself, the taxi driver/his insurer won't get anywhere. Call the insurer, or have your insurer deal with it, making it clear you are not at fault and have a witness to verify this. That should get rid of them. If not, enlist your insurer to handle the legal issues.

Black XR6 · 25-04-2006, 12:09 PM

Isnt the rule in multiple rear enders, that all cars are at fault excpet the front car as they didnt stop meaning the were travelling to close to the rear of another car?

Smoked · 25-04-2006, 01:17 PM

Quote:

Originally Posted by Black XR6

Isnt the rule in multiple rear enders, that all cars are at fault excpet the front car as they didnt stop meaning the were travelling to close to the rear of another car?

Not at all.

I witnessed a 4 car pile up in which the first 3 cars were stationary at a Red light. The 4th Car was exceeding the speed limit and travelling around 100km/h. The force from his impact wrote the 3rd car off and pile drove it into the 2nd car and there was still enough force to drive the 2nd into the 1st.

Police charged 4th car drvier and stated te other 3 were not at any fault "Of any kind".

The Monty · 26-04-2006, 12:57 PM

Quote:

Originally Posted by Smoked

Not at all.

I witnessed a 4 car pile up in which the first 3 cars were stationary at a Red light. The 4th Car was exceeding the speed limit and travelling around 100km/h. The force from his impact wrote the 3rd car off and pile drove it into the 2nd car and there was still enough force to drive the 2nd into the 1st.

Police charged 4th car drvier and stated te other 3 were not at any fault "Of any kind".

Haha, about a year ago I witnessed a four car plus motorbike pile up. Same thing happened, rear car speeding, everyone stopped at the redlight 4th car into 3rd, 3rd into 2nd, 2nd into motorbike, motorbike into first. The motorbike rider (it was a harley) was not impressed at all.

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FRDGAL · 25-04-2006, 03:55 PM

Thanks everyone. I scanned copies of everything and wrote up a cover letter last night just incase. You were all right. I rang Just Car and they told me to fax off all the correspondance to them from the taxi drivers insurance company. Just Car have the police report and the witnesses statement so it's ok.

The guy basically told me that they'll battle it out between them because that's what I pay them for and to ignore it. If I get any more letters of demand then I'm to fax/send it straight to Just Car. He even said that if it gets ugly that they will be the ones to deal with it.

So I've been told not to worry about it. What a relief. Honestly, the nerve of some people. I certainly wasn't going to pay for an accident I didn't cause but I was worried.

I now know what to do if this ever happens again so again, thanks to everyone

The MaDDeSTMaN · 25-04-2006, 05:35 PM

Yeah, like everyone has said, let your insurance company sort out all the mess, that's what you pay them for. Good luck with it.

fiery · 25-04-2006, 06:29 PM

FRDGAL_AU6 that's great news, it is always good to get other's opinions.
You did the right thing in contacting your insurance company, they will handle it (even the nasty of the nastiest bits).

Sit back and forget about it all now..No more stressing :voldar02:

RG · 25-04-2006, 06:47 PM

Great to hear that it will be sorted out for you. If you want to get back at the taxi company for the stress give the Victorian Taxi Directorate a call, they will be happy to hear from you as they don't like taxi's giving the industry a bad name.

FRDGAL · 25-04-2006, 06:54 PM

Quote:

Originally Posted by GreenEL

Great to hear that it will be sorted out for you. If you want to get back at the taxi company for the stress give the Victorian Taxi Directorate a call, they will be happy to hear from you as they don't like taxi's giving the industry a bad name.

Well I don't like to cause trouble but I thought about doing something like that. Because going by what's written here, it has to be that he has claimed that I hit him and I still think he was unaware that there was indeed a witness. Maybe I should do something because that's just wrong. Making false statements? It's not right! I would hate for anyone else to go through this and not know whether they have to pay for it or not. I'm lucky in the sense that I have all of you to help me out but what about people who don't?

Hmmmm I really should do something.......

MO · 25-04-2006, 09:21 PM

Quote:

Originally Posted by FRDGAL_AU6

Well I don't like to cause trouble but I thought about doing something like that. Because going by what's written here, it has to be that he has claimed that I hit him and I still think he was unaware that there was indeed a witness. Maybe I should do something because that's just wrong. Making false statements? It's not right! I would hate for anyone else to go through this and not know whether they have to pay for it or not. I'm lucky in the sense that I have all of you to help me out but what about people who don't?

Hmmmm I really should do something.......

Agree...however I would seek advice first before stating disparaging comments about other parties.....perhaps you could ring/write the taxi body and say "in your opinion so and so is what happened"

Just a thought.

LTDHO · 26-04-2006, 07:46 AM

Quote:

Originally Posted by FRDGAL_AU6

Well I don't like to cause trouble but I thought about doing something like that. Because going by what's written here, it has to be that he has claimed that I hit him and I still think he was unaware that there was indeed a witness. Maybe I should do something because that's just wrong. Making false statements? It's not right! I would hate for anyone else to go through this and not know whether they have to pay for it or not. I'm lucky in the sense that I have all of you to help me out but what about people who don't?

Hmmmm I really should do something.......

Remember no one will admit that they are at fault anymore, the world has turned into fingure pointers and no one is responsible.
Taxi drivers are the worst. They spend so much time on the road so they must be better! Well that's what they think.
This is why you have insurence, they take care of it and you go on living your life, too easy.

Headsex · 25-04-2006, 07:00 PM

If you lodged a claim for your damage, this will cover you for the other damage, but as you were not at faulr then your insurer will fight for you.
Don't worry, you pay insurence for this very reason.
I couldn't be easier. Call your insurer, fax them the letter you have then forget about it.

Ringo · 26-04-2006, 12:34 PM

Yeah sounds like it is standard procedure to try and get out of coughing up the $

If you didn't have comprehensive insurance then where would you be? Probably talking to and paying a lawyer....or having to pay for the damage yourself

Lesson for all in having comprehensive insurance for just this sort of accident...

FRDGAL · 04-05-2006, 06:12 PM

Just when I stopped worrying about this, I get a knock at the door and papers served. From the guys solicitor - they're taking me to court. "Colliding with the rear of the Plaintiff's vehicle" "Failing to apply brakes on the vehicle to avoid collision" "Driving at an excessive speed" (ummm hello the accident happened while we were both stationary) and many more claims. All blame is being put on me. If I don't reply to them within 21 days, they'll see me in court according to these papers.

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Keepleft · 04-05-2006, 06:24 PM

Quote:

Originally Posted by FRDGAL_AU6

Just when I stopped worrying about this, I get a knock at the door and papers served. From the guys solicitor - they're taking me to court. "Colliding with the rear of the Plaintiff's vehicle" "Failing to apply brakes on the vehicle to avoid collision" "Driving at an excessive speed" (ummm hello the accident happened while we were both stationary) and many more claims. All blame is being put on me. If I don't reply to them within 21 days, they'll see me in court according to these papers.

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So 'who' is or was the taxi driver?? (Also, the name of the taxi driver according to this letter differs from the name that the driver himself wrote out for me}.

* The crash could not happen when your both stationary, either you ran into him whilst he was stopped,- on the face of it, or, he reversed into you whilst at the intersection or just over it.

If he reversed into you, the question might then be asked 'why had you not beeped the horn" to warn him?

Just be prepared for all loose potential ends..