My First Accident

[craig V8 taffe]

Just had my first accident. The police are "still investigating." I only have third party property damage so i want to claim from the other person's insurance.

My old man says I should write a formal letter to the insurer, quote the COPS event number and write down my version of the story plus give a few quotes for the repairs.

Just need some advice on what to do next. Should i get a solicitor involved?

I am adamant that it was the other driver's fault, but i think it might be a case of he said/she said.

They took one look at my car and the P Plate and assumed I was a hoon.

If it comes back as my fault I plan to appeal at court.

My damage has been quoted at 3-4K but with very shoddy work. Taking it to a few proper places tomorrow. It's got a srape down the side and smashed headlight and front fender.

It's an R34 GTT coupe. I've always wanted to put GTR guards and front bar on it. Would it look strange if i mod the front but leave the stock GTT fenders at the rear.

[DC_GTST]

Well that's dependent on what happened. No information given.

[DECIM8]

sounds like u changed lanes into another car .. or vice versa..

its your fault if you changed lanes into them.

if you where cummin out of a car park and they took you out it is also your fault...

if you dodged a hole and hit him its your fault..

so if you did anything of the above its your fault... if he did its his..

so you may want to display some infomation as to what happened..

[HKS99]

give us some insight as to what happened??? so we can comment

[n15m0]

You've got a 30K car and you have no full comp?? Ever thought what would happen if you wrote off someones $200,000 BMW and it was your fault??? After you have fixed your car I really hope you Insure it.

www.rynoinsurance.com.au

I just switched to them...they allow pay by the month with no extra charge.

[ScorpR32]

You've got a 30K car and you have no full comp?? Ever thought what would happen if you wrote off someones $200,000 BMW and it was your fault??? After you have fixed your car I really hope you Insure it.

www.rynoinsurance.com.au

I just switched to them...they allow pay by the month with no extra charge.

From the info given he has third party property... which covers damage caused to others parties such as in the case you describe.

We really need to know further information to give you any further help champ.

Edited March 22, 2007 by ScorpR32

[craig V8 taffe]

Just wanted to know what to do next. Not whether i was right or wrong.

Ok. It was a suburban street with no lane markings. Lady was pulled over to the left and I saw her indicating left, but she was NOT right next to the curb, she was still partially in the lane but was stationary. I came up behind her, saw that she was indicating left and not moving, so I went to overtake her on the right lane. Then she changed her mind and decided to do a right turn into a driveway on the right side of the road and when i was parallel with her she hit the left side of my car just in front of the door. (My car was in front of hers from the a-pillar forward.) this sent me towards the right and i hit a park car with my right headlight.

After the accident, she told me at first that she wanted to park on the left but it was too tight, but later she changed this to " i was rolling down the street and about to turn right when you came out of nowhere."

I told the police she was stationary and indicating left when i came up behind. She would have told the police what she told me. That she was rolling down the street and i came out of nowhere.

Police didn't give me a ticket, when i called up they said it was still under investigation.

[craig V8 taffe]

You've got a 30K car and you have no full comp?? Ever thought what would happen if you wrote off someones $200,000 BMW and it was your fault??? After you have fixed your car I really hope you Insure it.

www.rynoinsurance.com.au

I just switched to them...they allow pay by the month with no extra charge.

n15m0, third party property damage covers any vehicles i hit whether i'm at fault or not, but it won't cover damage to my car.

third party property damage cost me $550

Comprehensive would have cost me $2,800

I wish my car was worth 30K i would have sold it.. R34 prices have dropped like a rock... Aussie dollar is doing pretty damn good.

[burnsie]

are there any witnesses to this. cos it might end up being ur word against hers. if i was u i would quickly lodge a claim through her insurance and go from there and keep asking the cops wats going on cos u need a car and so on

[ScorpR32]

Ok mate from your description of events, you would have a decent chance of claiming against the other party involved. You really do need witnesses in these circumstances though. A lot of morons won't admit liability in these situations, especially when they know it is borderline and that fault cannot easily be established. I wish you the best of luck mate.

[burnsie]

if it doesnt work out that way get a "letter" from "ur" lawyer and threaten them might scare her into admittin the truth

[craig V8 taffe]

if it doesnt work out that way get a "letter" from "ur" lawyer and threaten them might scare her into admittin the truth

Is it she who makes the decision or her insurance company? I'm new to this. If the police report sides with her am I screwed. Can i appeal at court.

Do i lodge a claim with her insurer (NRMA) over the phone or do I write a formal letter and cite her responsible for the accident. I just want to know what is the next step.

[craig V8 taffe]

When i first saw her car, i came around a corner so was only doing about 30km/h. She was about 50m in front. When i went to overtake her i sped up but not that much, less than 50km/h. There were some people there but they said "I was flying."

This is bullshit. I truly believe because of the sound of my exhaust and type of car they just assumed i was speeding. That i was just some P plater punk in a skyline. I told the police i was doing less than 50km/h (it's a 50 zone), because that was what i was doing.

The witnesses left before the police could talk to them, but both me and the other driver has one of the bystander's contacts but I bet the contact will side with the other driver. I called but they haven't got back to me.

If she was indicating right to turn right, why would I overtake her on the right. I don't make it a habit of overtaking vehicles that are turning. I believe she changed her mind and didn't check to see if anyone was around her because it was a quiet street. I mean i was already in front of her car when she hit me.

[gdogzgtr]

With 2 conflicting stories and no witnesses to back either up police will not charge either party as they can't prove who was at fault. So waiting for police report won't help your situation. Also insurance companies do their own investigation so police conclusion is irrevant for them. I would say contact solicitor and her insurance company but if she sticks to her story you will be out of pocket for your car.

[SECURITY]

i had a friend who was in a similar situation.

she was in the middle of the road wanting to turn right and she was indicating. someone driving down the road saw her just sitting there and went around and she went into them. the driver of the other car told the police that she wasnt indicating.

it ended up being her fault. the justification of the police was, why would the other driver think it would be ok to go around her if she was indicating?

i'd say you have a case. if police cant piece together what happened by looking at the accident, they'll look at it logically (which is funny because its beyond their capabilities).

good luck.

[HackerX]

If she was indicating right to turn right, why would I overtake her on the right. I don't make it a habit of overtaking vehicles that are turning. I believe she changed her mind and didn't check to see if anyone was around her because it was a quiet street. I mean i was already in front of her car when she hit me.

I'd say you have a pretty good case as well. People indicating right don't hit cars on the left hand side (who would be stupid enough to overtake a car indicating right on the right side) or try to turn right from the far left of the road (unless they're doing a u turn, in which case she'd still be at fault for not looking)

Good luck!, get on top of it quickly

[Thunderbolt]

Firstly, if any of you read your policy, you may find words to the effect of "never admit liability in the case of an accident......". It is because of this, that many people lie so they don't void their policy by admitting they were at fault.

As for the question about what you do. Ring up your insurance company and explain what happened. Say that you believe that the other person was at fault, and ask them where you go from there. Even on third party property insurance, sometimes insurance companies will pay for the damage to your car if the other person was at fault and does not have insurance themselves etc.

[DECIM8]

hey mate, read what happened your off the hook, no way they can not pay you for damages.. you car was in front of hers and her car hit yours .. so your in the clear expect a good 5-6 weeks before repairs finished though..

contact your insurance company and request advice on your next move to collect for repairs, I just read thunderbolts info, similar to what I wrote but yes Never admit guilt in a accident is true because if you do your insurance is void.

Edited March 23, 2007 by DECIM8

[HackerX]

Even on third party property insurance, sometimes insurance companies will pay for the damage to your car if the other person was at fault and does not have insurance themselves etc.

In this case, it's generally not the insurance company paying, but the insurance coming suing the other party involved and acting as a legal go between. That's why most policies state the need to be able to identify the other party, so that they're able to recover their costs.

[fuzzy_scuz]

If you have rear damage and she has none, only damage to the front the insurance company would asses that she was at fault because they can work out the angle of impact

Chain of evidence my friend build it up yourself because some policies under 3rd party won't chase it up for you.