Would like some advice about a traffic incident

Flamin Ford 85 · 20-08-2011, 11:10 PM

Sadly, only a week after getting my 1985 LTD i crashed it into a pole while swerving away from a senile driver who failed to give way to me when i was passing through a green light - she decided to just aim her car straight for me and drive into me! I managed to swerve out of the way, preventing a head on collision but hit a stobie pole as a result. The front end of the car is bent out of shape and the radiator is stuffed, along with the headlights and most of the front panels - considering the age and value of the car its a write off. If she has 3rd party insurance, will they pay for my loss of the car due to her serious driver error? My car was not insured yet, i have only had it for a week. Her car is undamaged, as i managed to dodge her. The police tell me if i want reimbursement from her i have to take it up with her and they did not attend the scene because nobody was hurt. Surely i can't just be left empty handed after this, as crash and loss of my car is 100% her fault.

I would really appreciate any advice, or to be pointed in the right direction as to what i can do now.

Streets · 20-08-2011, 11:15 PM

Pretty sure 3rd party only covers injury to another person, not their property.

Flamin Ford 85 · 20-08-2011, 11:16 PM

Isn't that part of the compulsory insurance that comes with registration? She said she had RAA 3rd party insurance and that they would contact me

SLO AU XR8 · 20-08-2011, 11:19 PM

You hit the pole, therefore it's your expense. Lesson learnt, hit the at fault driver next time!

Flamin Ford 85 · 20-08-2011, 11:20 PM

I was presented with two options - hitting her head on and dying/suffering serious injury, or trying to dodge her and hit something else. It would have been much MUCH worse had i not swerved.

Cúl-Báire · 20-08-2011, 11:25 PM

Quote:

Originally Posted by Flamin Ford 85

Sadly, only a week after getting my 1985 LTD i crashed it into a pole while swerving away from a senile driver who failed to give way to me when i was passing through a green light - she decided to just aim her car straight for me and drive into me! I managed to swerve out of the way, preventing a head on collision but hit a stobie pole as a result. The front end of the car is bent out of shape and the radiator is stuffed, along with the headlights and most of the front panels - considering the age and value of the car its a write off. If she has 3rd party insurance, will they pay for my loss of the car due to her serious driver error? My car was not insured yet, i have only had it for a week. Her car is undamaged, as i managed to dodge her. The police tell me if i want reimbursement from her i have to take it up with her and they did not attend the scene because nobody was hurt. Surely i can't just be left empty handed after this, as crash and loss of my car is 100% her fault.

I would really appreciate any advice, or to be pointed in the right direction as to what i can do now.

Per SLO's comment you will have a great deal of trouble proving you weren't at fault; without a list of witnesses... If you can do that, then refer below.

Yes, her 3rd party will cover you; however without "your" insurance company onside you will find it near impossible to get a cent out of them... At worst, atleast learn from your mistake. You should never drive a car around without some kind of insurance (atleast 3rd party property damage).

Ford_The_Win · 20-08-2011, 11:25 PM

Civil claims tribunal? I would be speaking to a barrister/solicitor and getting the legal ball rolling. Sue her.

Flamin Ford 85 · 20-08-2011, 11:30 PM

I have her rego number and all her details, i did absolutely nothing wrong, in fact my quick thinking most likely saved her AND her passengers lives. If she admits she was at fault, would her insurance pay me, the victim of her gross negligence on the road? That is my main question.

FgNewbie · 20-08-2011, 11:30 PM

Flamin good to hear everyone is ok. Very fortunate the pole didn't come down on someone and you didn't hit anyone else instead of her.

I highly doubt you are going to hear good news.

As mentioned, the reality is you'd be in a better legal position if she hit you. I'd be surprised if you get a penny out of it.

How many witnesses have you got?
Has she accepted liability?

Flamin Ford 85 · 20-08-2011, 11:34 PM

her daughter was in front of her and turned before her, well out of my way and also stopped. Wether she is going to be truthful or not is another matter. The old LTD was very nice and im very sad this is where its ended up after only a week with me, 140,000 on the clock and a 1 owner in near mint condition..It was only 2 grand (bargain) so the damages would be way more than that to fix im guessing..She did accept liability on the spot and i went to the police station to make a statement, she did too but im not sure what she told them, the police won't tell me due to privacy reasons.

FgNewbie · 20-08-2011, 11:35 PM

Quote:

My car was not insured yet, i have only had it for a week

Flamin a late thought, if you are not aware, some companies will provide a 'cover note' while you organise insurance. I wouldn't drive my car out of the dealership without one.

Flamin Ford 85 · 20-08-2011, 11:35 PM

Surely she can't get away with writing off my car because she broke one of the most dead-simple and important rode rules and nearly got me and herself killed!!

burnz · 20-08-2011, 11:37 PM

Quote:

Originally Posted by Flamin Ford 85

Sadly, only a week after getting my 1985 LTD i crashed it into a pole while swerving away from a senile driver who failed to give way to me when i was passing through a green light - she decided to just aim her car straight for me and drive into me! I managed to swerve out of the way, preventing a head on collision but hit a stobie pole as a result. The front end of the car is bent out of shape and the radiator is stuffed, along with the headlights and most of the front panels - considering the age and value of the car its a write off. If she has 3rd party insurance, will they pay for my loss of the car due to her serious driver error? My car was not insured yet, i have only had it for a week. Her car is undamaged, as i managed to dodge her. The police tell me if i want reimbursement from her i have to take it up with her and they did not attend the scene because nobody was hurt. Surely i can't just be left empty handed after this, as crash and loss of my car is 100% her fault.

I would really appreciate any advice, or to be pointed in the right direction as to what i can do now.

did you both actually hit?? if "not" you really have no claim against her.
as for 3rd party they will say here's a cheque for what they/glass guide say it's worth..market value.

sorry bud i feel for you; but a cover note at least should have been foremost on your part.

SLO AU XR8 · 20-08-2011, 11:39 PM

That she can! you swerved, avoiding her, therefore YOU are at faullt. next time take the not at fault collision with the other car, it's 10x cheaper, and 11ty billion times easier!!!!!!!!!!

Flamin Ford 85 · 20-08-2011, 11:40 PM

you mean HER 3rd party will pay for my car, burnz?

Flamin Ford 85 · 20-08-2011, 11:44 PM

Well, i COULD have just collided with her and i probably would not be writing this right now, she was about 5m from my car when she decided to go for the suicide maneuver, chances are i would be dead if i hit her head on, it was in the right lane, so her nose would have ploughed through my door and impaled me..

FgNewbie · 20-08-2011, 11:45 PM

Quote:

Originally Posted by SLO AU XR8

That she can! you swerved, avoiding her, therefore YOU are at faullt. next time take the not at fault collision with the other car, it's 10x cheaper, and 11ty billion times easier!!!!!!!!!!

I don't disagree with your thinking but let's not forget flamin believes they avoided dying or serious injury.

Quote:

Originally Posted by Flamin Ford 85

I was presented with two options - hitting her head on and dying/suffering serious injury, or trying to dodge her and hit something else. It would have been much MUCH worse had i not swerved.

Flamin Ford 85 · 20-08-2011, 11:47 PM

No decent motorist would deliberately hit anyone/anything. If in any way possible, we are trying to AVOID deaths and serious injuries on the road. A car is a car, what good is it to me or anyone if im dead? Its either the car AND me AND the other 2 people, or JUST the car. I don't see what is flawed in any way with my logic.

robbyj · 20-08-2011, 11:47 PM

As much as swerving out of the way to avoid the collision seems the right thing to do, your better off slamming the brakes and taking the hit, imagine if you swerved into some school kids standing by the pole or something..

I'm sure you are a good driver and did well to avoid the collision, but if you have to swerve to the point you lose control of the car.. your better off taking the hit.

I think her insurance company will see this the same way, that you are also responsible for the incident, even though it was her fault.

Maybe you can strike a deal with her? explain you bought the car for a bargin, and maybe go halves on the $2000.

Flamin Ford 85 · 20-08-2011, 11:50 PM

Oh don't get me wrong, i saw where i was swerving, there were no people or anything in the way. I was intending to swerve back onto the road away from the curb and the pole but being an old heavy tank, the poor LTD just doesn't handle like my Cressida does, the wheels locked up and before i knew it the pole was jammed into the front of it, only at about 20-25 km/h but enough to cause some nasty damage.

FgNewbie · 20-08-2011, 11:52 PM

Quote:

Originally Posted by Flamin Ford 85

No decent motorist would deliberately hit anyone/anything. If in any way possible, we are trying to AVOID deaths and serious injuries on the road. A car is a car, what good is it to me or anyone if im dead? Its either the car AND me AND the other 2 people, or JUST the car. I don't see what is flawed in any way with my logic.

While I feel for you, I'd suggest ignoring the posts you don't like. To answer your post one could argue actions leading up to the event and the safety of others during the event.

By no means am I having a go. Just a friendly tip to ignore ~~what you don't like~~ what isn't relevant.

burnz · 20-08-2011, 11:55 PM

Quote:

Originally Posted by Flamin Ford 85

you mean HER 3rd party will pay for my car, burnz?

if she has admited fault, and has 3rd party property damage then yes..

Flamin Ford 85 · 20-08-2011, 11:59 PM

Finally, a straight answer. Thank you burnz! Thanks FgNewbie as well for the friendly advice and genuine caring attitude, i really appreciate it.

Just a bit of info, Im 22 and have been driving since i was 16, have clocked up over 300,000 kms Pizza Driving, Courier Work and many interstate road trips, i have been to tracks and driven 300+ kw Skylines, i have a mildly modded '92 Cressida as my other car so im definately an experienced driver, i stand by my actions in this incident because in my view it was the best course of action to take, really had i been driving my other car with much more powerful ABS brakes, i would have pulled up before the pole, though the old girl really did well to pull her speed down in such short distance.

SLO AU XR8 · 21-08-2011, 12:10 AM

Quote:

Originally Posted by burnz

if she has admited fault, and has 3rd party property damage then yes..

Wrong. As the OP avoided contact with the woman, she is legally not involved in the accident, therefore the OP is at fault and must pay all costs.

XARATE · 21-08-2011, 12:13 AM

Actually it may be quite easy too claim if she is insured. If she agrees she is at fault all she needs to do is call her insurance company and explain simewhere along the lines of "i would like to lodge a claim as i cut another driver off and caused him to crash." bla bla bla ect ect
The insurance company will supply her with a claim number, they or yourself chooses for an assesor to check the damage the repair or payment is decided on

I had a lady back into me in a busy country car park- i was illegally driving a xr8 registered in my name on my green p's. Was fixed within a week, the insurance company of the lady at fault never even contacted me. No drivers licence was supplyied, not even my name
Yet it was fixed asap without a drama

burnz · 21-08-2011, 12:18 AM

Quote:

Originally Posted by SLO AU XR8

Wrong. As the OP avoided contact with the woman, she is legally not involved in the accident, therefore the OP is at fault and must pay all costs.

correct as i stated in my previous post..

however if she nor the insurer challenges it they will pay..

svo supporter · 21-08-2011, 01:36 AM

Love how a poor forum member asks for some simple advise and gets spat at by saying he should have rammed the other car (and possibly killing him or the other driver), and/or should have had insurance. Or he should have done a 360degree spin on a 5 cent piece, followed by a complete back flip, to avoid the poor ol' pole.

Now for advise. You could possibly try for a civil claim, but that does depend whether she did admit fault to the coppers with her statement. If she denied any wrong doing, unfortunately you're stuck with the damage bill.

I know it sucks and I don't agree you should have to wear all the costs, but unfortunately there has to be witnesses on your side. (That includes the other driver)

Oh and I am glad you are uninjured. Cars can be replaced. Lives can't.

Flamin Ford 85 · 21-08-2011, 01:56 AM

Thanks SVO ;-) I really do love this old LTD, ill take some pics and put them up, the front damage doesn't LOOK that bad, but could cost a ton to replace and the broken radiator and possible engine damage could really spoil any chances of getting this thing back on the road

prydey · 21-08-2011, 02:06 AM

all things aside, it really should be illegal to drive a car without any form of insurance. there is a reason why its there. if you can't afford insurance for your car, then you can't really afford the car. sorry to be blunt, but thats the cold hard facts.

in this instance, just think yourself lucky it was a stobie pole you hit and not another person/car etc. having no insurance, they would go you for everything you have.

i'm not saying don't try to avoid accidents, thats just natural instincts and in this instance, probably avoided some sort of injury to all parties. i'm saying you shouldn't really have been driving a car without insurance.

lets hope that because she caused the accident and admitted liability, then you should be able to get some sort of compensation. getting money from insurance companies can be like trying to get blood out of a stone, so don't be surprised if it takes a while. also, don't be surprised if you learn her story changes and she denies she was at fault. that could get interesting too.

all the best,

and get some insurance.

Fiesta God · 21-08-2011, 10:42 AM

You can attempt to recover your repair costs under a type of claim where she is the "alleged cause" of the accident.

Basically you apply a test of negligence where "if it wasn't for the other party running a red light, then I never would have collided with the pole" and provided you can prove that your actions were reasonable (which it sounds like they were) then you should be able to get your money back.

Just because there was no impact between the two vehicles, it does not mean that she is not liable for the damage to your car.

For example if Car A smashes into a power pole which then falls onto a bus shelter, and then the bus shelter collapses onto your parked car, the driver of Car A is responsible for all the damage that has been caused, despite no impact occuring between the two vehicles.

If the other driver calls their insurance company, admits that they were at-fault for what happened and describes the accident in the same way that you did, you should have no problems getting your car fixed/paid for by the RAA.

You would have a strong legal claim if you wanted to pursue it with a lawyer.