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Car Accident Drams, Help Needed/advice From Experience


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First thing is that the insurance co will try anything on, particularly with a younger driver. Call their bluff. A short polite phone call to say their claim is ridiculous and that you will not budge may do the job.

Next help I think will be getting the other driver charged. Call the cop and tell him that you wouldn't have cared either way if they got charged except that now they are trying to avoid paying so would he please have them charged as appropriate. They attempted a uturn over double lines without indicating, stopped in a no stopping zone and drove negligently by not keeping a proper look out for your bro.

If yes, take this back to insurance co for another go. Keep fighting their insurance co for a bit before you go for lawyers or your own insurance.

police officer in question is stating that the car must have been towed after they had left the scene of the crime, so in fact ic can be classed as a p55 or whatever it is called when both cars are still driverable and not hurt, sounds to me like he is just trying to cover his ass, rang the other driver at fault and asked if his car was towed away from the scene and he said yes!

had troble with and accident at then end of last year and wasnt my fault had a guy change over 3 lanes to the left with his right indicator on...

best thing to do is send an illustration of the incident and everything to your insurer and theirs and photos etc

that cleared my name from being 'my fault' as the other driver stated and i sold my car at a loss and bought another

have done that waiting on reply from insurance agency as they have apparently "miss placed it" how convinient, good thing i made a few copies!! :(

Insurance companies will try almost anything to avoid paying out. Understand that this is their primary objective and you will save hours of heartache.

My partner's fully insured car was hit as she drove into an intersection by car that had run a red light. Her car sustained in excess of $10000 damage. We had two independent witnesses, and the other driver admitted fault to the poilce at the scene.

IMPORTANT NOTE;The two cars were both insured by THE SAME INSURANCE COMPANY

I spent the next 12 weeks, ringing the insurance company EVERY day, to find out why the insurance company thought my partner was at fault.

Excuses like;

"We don't take traffic lights into account, when attributing blame" WTF?

"We're not obliged to talk to your witnesses" How can you get an independent account if you don't?

"The other driver has been with us for 40 years" So what!

"We can't get a copy of the police report" Oh yes you can...

And then from one charming employee; supposedly a department supervisor, who had been ordered to call my partner to apologise for her appalling treatment

"Why don't you just pay the f##king excess you stupid b##ch!"

This was the day we were to pick the car up from the panel beater, so we'd have to pay excess otherwise he wouldn't release the vehicle.

Unbeknownst to the insurance company, I had ordered a copy of the police report, It showed the other driver had been charged with negligent driving at the scene. He had obviously lied to the insurer and they were happy to accept the lie.

At no point during the whole sorry affair did I speak to the same person twice, and had to start from the begginning EVERY time.This is to wear you down, to make you give up.

Do not give up, document EVERYTHING, record telephone conversations, email documents to them, so you have a provable train of documentation do not EVER leave the scene without a reference number or a card from the police (just ask them they'll happily give you one).

You can beat these people at their game you just need to stay the course. Do not give them one dollar if you don't have to.

Happily, we didn't pay the excess, nor do we insure with these bloodsucking cowboys any longer. We now insure with an excellent insurer.

Good luck.

yes i can agree, they are giving us the ring around also, different people never the same person to deal with, its smart in a way but unlucky for them i am not stupid. yes i have documented everything so far, and no i wont let some 60+ retard (whether it is his intention or his insurance companys intention) make my brother pay for something he was clearly not responsible for. luckilly he wasnt injured, thats the main thing for me. off to the cop shop to talk to both police officers at the scene and see where there blurred vision is not in need of some nice reading glasses with facts!

yes i can agree, they are giving us the ring around also, different people never the same person to deal with, its smart in a way but unlucky for them i am not stupid. yes i have documented everything so far, and no i wont let some 60+ retard (whether it is his intention or his insurance companys intention) make my brother pay for something he was clearly not responsible for. luckilly he wasnt injured, thats the main thing for me. off to the cop shop to talk to both police officers at the scene and see where there blurred vision is not in need of some nice reading glasses with facts!

Great stuff Jeremy, your brother has a legitimate claim, glad he wasn't hurt. I wish you luck, at least he has someone smart to help him.

Cheers, Dale.

*Update*

Insurance company rang my brother and told them that the directors have looked at his version of events and that he is still at fault for

" trying to overtake a vehicle performing a U turn over a single white line"

now in reading this i have come to find this information on the rta website -

http://www.rta.nsw.gov.au/licensing/downlo...rs_handbook.pdf

question is....

do i ask them to send a copy of the supposed infrindgement to my brother stating this reason so i have a hard copy of evidence or ring up and argue the point based off the facts?

thanks

*Update*

Insurance company rang my brother and told them that the directors have looked at his version of events and that he is still at fault for

" trying to overtake a vehicle performing a U turn over a single white line"

now in reading this i have come to find this information on the rta website -

http://www.rta.nsw.gov.au/licensing/downlo...rs_handbook.pdf

question is....

do i ask them to send a copy of the supposed infrindgement to my brother stating this reason so i have a hard copy of evidence or ring up and argue the point based off the facts?

thanks

If your brother wasn't charged for this offence, it didn't occur.

Only FACTS are relevant, not OPINIONS from "directors". Put your request in writing, preferably in an email (they can't deny that they have recieved it) once they have to start putting their BS in writing, you may find they change their tune.

*Update*

Insurance company rang my brother and told them that the directors have looked at his version of events and that he is still at fault for

" trying to overtake a vehicle performing a U turn over a single white line"

now in reading this i have come to find this information on the rta website -

http://www.rta.nsw.gov.au/licensing/downlo...rs_handbook.pdf

question is....

do i ask them to send a copy of the supposed infrindgement to my brother stating this reason so i have a hard copy of evidence or ring up and argue the point based off the facts?

thanks

Correct me if I'm wrong, but it's a double line there, according to the pictures you took in the first post? Therefore making it illegal to do a U-turn?

If the RTA Road Users Handbook says that, politely invite them to review the handbook on page number 94, and then review the photos taken of where the accident occurred.

Fight this like hell.

Refer to the second point in the attached image (as stated, on page 94 of that handbook).

post-34005-1286433727_thumb.png

Insurance companies will try almost anything to avoid paying out. Understand that this is their primary objective and you will save hours of heartache.

Incorrect. The insurance company has to provide a genuine reason to refuse cover.

Most of these problems are caused by people not reading their product disclosure statement and then whinging that they aren't covered. Not the insurers problem it's the customers.

police officer in question is stating that the car must have been towed after they had left the scene of the crime, so in fact ic can be classed as a p55 or whatever it is called when both cars are still driverable and not hurt, sounds to me like he is just trying to cover his ass, rang the other driver at fault and asked if his car was towed away from the scene and he said yes!

The only reason police are called are if the car is being towed or someone is injured.

*Update*

Insurance company rang my brother and told them that the directors have looked at his version of events and that he is still at fault for

" trying to overtake a vehicle performing a U turn over a single white line"

now in reading this i have come to find this information on the rta website -

http://www.rta.nsw.gov.au/licensing/downlo...rs_handbook.pdf

question is....

do i ask them to send a copy of the supposed infrindgement to my brother stating this reason so i have a hard copy of evidence or ring up and argue the point based off the facts?

thanks

Can you see if you have a copy of the other guys version and diagram and can u post it up with his and your brothers?

Either way the liability is quite clear on this one.

The third party has pulled off the curb to complete a U turn. The other party is still at fault.

Incorrect. The insurance company has to provide a genuine reason to refuse cover.

Most of these problems are caused by people not reading their product disclosure statement and then whinging that they aren't covered. Not the insurers problem it's the customers.

This may be the case most of the time, in my partners situation, they were presented with all the facts, I did all the running around, and they did everything within their power to make life difficult. All for $600!

I'm fairly sure there's nothing in the PDS about being abused by staff and outright lying.

That said; I've had extremely good experiences with other insurers. Unfortunately the bad experiences are the ones you remember most.

I wasn't looking to start an argument, just illustrate an extreme example of what they're capable of.

Regards, Dale.

Insurance companies will try almost anything to avoid paying out. Understand that this is their primary objective and you will save hours of heartache.
Most of these problems are caused by people not reading their product disclosure statement and then whinging that they aren't covered. Not the insurers problem it's the customers.

point proven right there really.

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