Would like some advice about a traffic incident

[Gobes32]

Originally Posted by prydey

also, don't be surprised if you learn her story changes and she denies she was at fault. that could get interesting too..

Wouldn't be the first time someone admits fault at a scene and then once family members get into her ear, the story suddenly changes.

[Ben73]

So people are saying the other car is not at fault even thought they broke the law.
Lets say you have a video camera constantly recording on your front windscreen, if this situation happened and it clearly showed the other car breaking the law, could that be held up as proof which means the other driver will have to pay?

You always hear stories of road incidents where they driver who caused the accident gets away with it, so I have often wondered the benefits of a tiny camera on your front and back windscreen constantly recording.

[prydey]

people are making a few assumptions. it doesn't say in the OP that she ran a red. she could've simply been making a turn on a green light.

either way, she caused an accident, and admitted as much at the scene. hopefully some sort of compensation should be able to be achieved given she had 3rd party, but a valuable lesson has been learned. don't drive without insurance.

[svo supporter]

I can see this thread developing well, with the insurance clause. Next thing will be the OP should be locked up for not having it.

BEN 73. I reckon having the camera mounted in a car would be a bloody good idea in backing a claim in an instance like this. It would be proof on the OP's behalf, that he wasn't entirely at fault. (All accidents have the driver at some percentage of fault.)

[Dusty1]

Feel sorry for you mate. But I think the law of diminishing returns will stuff you.

As a precious poster said you could hit them up for half, but the chances are that she'll change her story and her daughter will back her up, then you're stuffed.

You could do a civil claim, but it will take time and money. Your call what you do, but I think the ore driver wont give you a cent. You probably should have had a cover note as well. Ten minutes on the phone would have got you one.

[gtxb67]

Originally Posted by burnz

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

i thought insurance companies told you not to admit fault - therefore unless there are any witnesses, it is likely they will not pay up, because she was not involved in the accident. they will not take her word for it, they will tell her if she was at fault or not . . . . and most likely, they will so no because there was no accident

[jpd80]

Originally Posted by Flamin Ford 85

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!!

Be careful, if you were traveling through a green light and she jumps a red on your right and hits you,
then you are the at fault driver irrespective of her going through a red...that's screwed many a driver...

Bottom line, I think you and the proverbial snowball should compare notes,
the only one getting money out of this will be your lawyer with your money...

[krzysiek]

Gotta love people telling him he "shoulda just hit her" even after repeatedly being told he probably would have been dead, had he done so.

[jpd80]

Originally Posted by krzysiek

Gotta love people telling him he "shoulda just hit her" even after repeatedly being told he probably would have been dead, had he done so.

Think about it, he obviously avoided her so there was a reasonable margin to avoid death...

[gtxb67]

while i believe that you should not have your own accident to avoid one with someone else, there are exceptions to the rule. there is only one person on this thread that knows what the situation was, so we should take his word for it

and either way, we can all say what we will do, but until the situation arises, none of us have any idea . . . . and you do have to wonder of the state of mind of those who straight out suggest a head on accident is the better option

[nstg8a]

Originally Posted by jpd80

Be careful, if you were traveling through a green light and she jumps a red on your right and hits you,
then you are the at fault driver irrespective of her going through a red...that's screwed many a driver...

say what? how does that work?

[FGII-XR6]

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.

you don't have to be in the accident to be liable for damage if you cause it and admit it or there is proof you are liable. but don't take my work or anyones here seek legal advice after all we aren't lawyers

[Honro]

In previous experience involving my mother in a "sort of" similar situation. Even though the other driver admitted fault we still couldn't get payment out of his insurance as it wasn't in writing! Thankfully though he did the right thing and explained to his insurance it was his fault and then needed to write a letter with his "Version of Events", sign it and send it to his insurer.

On a side note - Im not meaning to be rude, but the accident IS your fault, you weren't hit - You collided with a pole not her :/

However, use the above as a lesson. Never drive a car without insurance. You can organise insurance when you get the car, its a 5min call. Out of habit i pay for the vehicle then sit inside it and call and get insurance BEFORE i even turn the key! Its the first thing i do! iirc - a cover note is valid for 10days from the second you get off the phone with the insurer.

Good Luck!

[svo supporter]

Originally Posted by gtxb67

while i believe that you should not have your own accident to avoid one with someone else, there are exceptions to the rule. there is only one person on this thread that knows what the situation was, so we should take his word for it

and either way, we can all say what we will do, but until the situation arises, none of us have any idea . . . . and you do have to wonder of the state of mind of those who straight out suggest a head on accident is the better option

Someone with an intelligent comment. It's always hard to put into words how an accident come about. So well put.

[GasoLane]

Originally Posted by Flamin Ford 85

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

The insurance that is necessary for rego is 3rd Party, This only insures people who are injured in a crash.

It's often confused with 3rd Party Property insurance. This doesn't insure your car but covers you for just about anything else you bump into.

If the Little old Lady has the latter you should be ok, make sure you get the Officers name who took both your statements along with a report/incident number and contact her insurance company.


For those who haven't been to Adelaide, this is a Stobie Pole. A Concrete and Steel power pole. You hit one, you lose!

[Flamin Ford 85]

I find it extremely hard to believe that a person who is rammed by someone who blatantly breaks a very important road law would be considered to be at fault. Like i said before i had TWO choices. A - Crash into her HEAD ON as she was only 4-5 meters away from me with my car traveling at 60 km/h resulting in a trainwreck accident that would have demolished both cars and more than likely killed or permanently disabled ALL the occupants of both cars. B - do whatever i can to dodge/avoid her car and the disastrous consequences of option A.

Your average incompetent Driver would simply Panic in a situation like this, slam the brake as hard as they can and become too confused and frightened to think about steering, crashing directly into whats in front of them because there is simply not enough distance to pull up in (5-6 meters). ANY experienced driver that has ANY regard for their own as well as other peoples safety would aim there car anywhere except the fatal head-on situation, try and swerve aside (which i did) and recover control of the car/try and stop as best as they can (which i did). I crashed into the pole at 20 km/h if that, had my old car had better stopping power and ABS brakes i would have just pulled up before the pole.

Some people on here really have no idea what defensive driving involves, i would just like to point out that with that kind of thinking you would all be dead or in a wheelchair by now where you in my position - my experience on the road and my quick reflexes and car control turned a potential disaster into nothing but a $2000 car having its bonnet wrecked and some other bits and bobs broken. I have had MANY near misses that could have been equally horrific in my 6.5 years of driving but i have so far managed to avoid them all and get away unscathed until last week.

[ILLaViTaR]

Anyway what I was trying to add to my last post before it got deleted was this.

In the eyes of the law however it will be like how he says, you'll deal with irrational crap, you'll probably need to launch a small claims case and push negligence towards the insurance companies, they'll try and stereotype this as a gray area, or probably just deem you at fault for dangerous driving or soemthing ignorant, and if the old hag doesn't admit fault you're basically screwed and will have to launch a case against her too for any hope of justice. We had to go through this crap when we got hit in a carpark due to someone not checking before reversing, insurance tried to steroetype this into a law that basically deems it as a gray area, simply because we were also still in reverse despite checking and it being clear. Got them for negligence in the end and insurance payed us out, that was WITH the lady admitting fault, our issue was with the insurance company not the person who hit us. If she's not admitting fault you're stuffed basically, unless you have witnesses, even if you don't I'd launch a small claims case anyway and make her life a living hell until you receive justice.

[prydey]

Originally Posted by Flamin Ford 85

Your average incompetent Driver would simply Panic in a situation like this, slam the brake as hard as they can and become too confused and frightened to think about steering, crashing directly into whats in front of them because there is simply not enough distance to pull up in (5-6 meters). ANY experienced driver that has ANY regard for their own as well as other peoples safety would aim there car anywhere except the fatal head-on situation, try and swerve aside (which i did) and recover control of the car/try and stop as best as they can (which i did). I crashed into the pole at 20 km/h if that, had my old car had better stopping power and ABS brakes i would have just pulled up before the pole.

Some people on here really have no idea what defensive driving involves, i would just like to point out that with that kind of thinking you would all be dead or in a wheelchair by now where you in my position - my experience on the road and my quick reflexes and car control turned a potential disaster into nothing but a $2000 car having its bonnet wrecked and some other bits and bobs broken. I have had MANY near misses that could have been equally horrific in my 6.5 years of driving but i have so far managed to avoid them all and get away unscathed until last week.

don't take this the wrong way, but you come across as a typical young driver who thinks they are craig lowndes or peter brock.

the average driver will do exactly as you did. self preservation is a very natural instinct in every human and swerving to avoid contact is like 2nd nature in an incident.

given you are the one asking for advice, i'd just tone it down a notch. i think all the advice you could need has been given. the other person was the cause, has admitted guilt and if everything goes well, you should receive some sort of compensation considering she had 3rd party property insurance.

[FgNewbie]

Flamin I noticed you made reference to your brakes locking up and lack of ABS a couple of times.

You may find a course in threshold braking will help you adapt to your tank if you get it repaired.

prydey you make me feel old, I was told I wasn't Stirling Moss.

[Flamin Ford 85]

I never said i was Craig Lowndes or Peter Brock, just a good, if not quite competition level driver. I have owned over 10 cars in 6.5 years, automatics, manuals, 4s, 6s, V8s..Im not reckless or overconfident, i have treated every car i have owned with respect and driven them with skill and care, from a 1.0 Litre 3 cylinder Daihatsu Charade to a 5.0 Liter V8 Fairmont. I don't thrash cars pointlessly on City roads, i don't do stupid ***** like drifting or burnouts and always show people courtesy in traffic.

Experience isn't everything when it comes to being a good driver, important though as it is - You can drive 300,000+ kms in a few years like i have, or 30,000 kms in 40 years 2-3 times a week and be generally incompetent with very limited concepts of car control because you only drive to the shops and back.

[aussie muscle]

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.

but technically, she did cause the accident?

Originally Posted by ILLaViTaR

you'll probably need to launch a small claims case and push negligence towards the insurance companies

I think this is the most likely way to proceed.

[ltd]

To the OP, to claim against the elderly lady you'll need the following:

Contact details of the lady
What she said exactly after the accident
Her Licence number
Her vehicle details
The time it occurred
The place it occurred
Witness contact details
Police reference number
Photos if you can.
Insurance company name.

If she has third party property, you'll need to contact them yourself and get an incident number if she hasn't already done so. You'll then have to provide all of the above information, so that if she does try to worm out of it then it becomes too improbable that you have gathered all of this information and more probable she is being dishonest.
If you don't have any of this information, then you are solely reliant on the little old lady being decent and honest.
Good luck with your claim.

[MercurySilver]

Originally Posted by jpd80

Be careful, if you were traveling through a green light and she jumps a red on your right and hits you,
then you are the at fault driver irrespective of her going through a red...that's screwed many a driver...

Bottom line, I think you and the proverbial snowball should compare notes,
the only one getting money out of this will be your lawyer with your money...

wtf?
can you explain that??

[xisled]

I can help you with this.

Yes there was no contact , but it is possible to send her a letter of demand. What will happen hopefully she will lodge a claim with her insurance company. This will fall under legally liabilty part of her policy. The insurance company will look at the facts and see if she will be held responsible. I worked in insurance claims for 5 years, so I know heaps of info. If you want some help send me a PM, and I can try and give you some advice.

Poeple in this post need to get the facts right before commenting. Funny seeing how wrong people are.

[steve.zissou]

I had a similar situation 10 years ago - And i had no luck. Actually I got charged with neg driving.

A car was reversing a trailer the wrong way on a main road and then swung out into the 2nd lane at the last minute to get the trailer to turn into their drive way. I could have hit the car or swerved - I swerved and hit another car.

One cop was very good about it the other was by the book. Basically you need a couple of independent witnesses or a video recording or the old lady to admit in writing or in front of witnesses that it was her fault.

I have a camera in my car now

Good luck but don't hold your breath

[Mitch_]

just be glad it was only a 2k car that you wrote off and not a 18k car... at the end of the day she didn't crash you into a pole - you did

[FORCED F6]

Try a good lawyer $$$$$$$......... and than, is it worth it? Don't think so...

I understand your pain as I was a victim about 5months ago, stationary waiting with patience for someone to pull out (stupid driver reversing out) of a driveway when mr sunshine driving towards this guy that just pulled out, he decides to have a panic attack, swerve the car away from him and drive onto the wrong side of the road straight into me, Luckily the EL had minor damage only (FORD BUILT TOUGH), his was write-off from the damage I saw. Now this bloke who hit me has no insurance and only bought the car 1 week ago, bloke who pulled out of the driveway suddenly who IMO is clearly at fault, has no damage and drives off home...

Its just one of those mate, and as mentioned above, lucky enough it was not the F6 at the time and only the daily car. By all means you have your civil rights to take the matter further in any case, good luck with it...

Oz,

[LTDHO]

I love reading these threads. Very good for a laugh. (Not at you loss Flamin)

Her insurance and any CTP (hers or yours) will not cover your damage. Pure and simple. Sad, but the fact is, you obtain insurance on any car prior to picking it up. If that pole needs to be replaced, you will also be up for an additional $3k+ and if you impacted anything else, you would personally be liable for what you hit.
In the split second, you did what you felt was the safest way to get out of a situation, in doing so the liabilityy was passed from the old lady to you. Sometimes quick reflexes don't help.

Interesting, if you were distracted by way of phone or similar and hit her, she'd be liable.

[robbyj]

A weird question to ask people is, would you rather have a head on collision traveling at 60, or hit a tree at 100?
if the other car is doing 60, the accident has the force of as if you were doing 120. The tree is the better option.

So the pole was a better option at 20 then the car at 60.

But you say she did well to brake in the time she did, had you have also braked hard and had of hit her, the impact would have been a lot less.

It's easy to say your a very experienced and good driver, this however doesnt make you invincible.

You could have easily lost control swerving to avoid her, as much as any diver, good or bad could have. And hit something much worse then a pole.

On another note, if the woman DOESN'T admit fault, but the OP has a witness, does the woman's daughter, cancel out his witness, as she also witnessed the event, and take the womans side?

[aussie muscle]

Originally Posted by svo supporter

BEN 73. I reckon having the camera mounted in a car would be a bloody good idea in backing a claim in an instance like this.

http://www.jaycar.com.au/productView...UBCATID=1042#5

Originally Posted by Honro

Im not meaning to be rude, but the accident IS your fault, you weren't hit - You collided with a pole not her :/

so, if i drive down the wrong side of the road and you swerve to avoid me and hit a pole i'm not responsible for your damage?