Help and Advice - Had Accident and Charged by Police

Tayabchinyoty on 30/01/2016 - 09:40
Last edited 30/01/2016 - 09:53 by 1 other user

Hey guys,
Wanted advice on what to do and what can happen.

Situation:
Had an accident with a parked car
Police was called as the other party didn't believe on my international license
Police took the story and charges were sent on mail

Charges are:

1) the accused on —- road did drive the car carelessly
Road safety act 1986 clause 65

Continuation of charge:

The accused was driving on —- day without being a holder of driving license or a permit authorizing her to drive

Summary of talk with police:
I was driving and was looking at the air conditioning controls and the accident happen

Driving without a license:
Have overseas license but after residency, overseas license is valid for 6 months which I didn't know and no body told me. Even when we got our residency, it was not written anywhere. One has to visit vicroads website for that information

Advice and experience:
Would love to listen from you guys on what would happen, fine or other punishment which I can get
Should I plead guilty or get a lawyer and fight, want this to end as soon as possible
Car is fully insured, what happens to insurance when they find this out

Automotive

Comments

  • Tayabchinyoty on 30/01/2016 - 09:55

    between this happened in victoria

      • smartazz104 on 01/02/2016 - 10:40
        +6

        Not our place to judge or comment on who was at fault or how much.

        I was driving and was looking at the air conditioning controls and the accident happen

        Well…

      • snook on 01/02/2016 - 11:24
        +3

        Licence is not technically active. Ceases to be active after 6 months of residency.

  • Cheeper on 30/01/2016 - 10:07
    +112

    1. You were driving and not paying attention and collided with another car. Most likely a fine involved for that and driving unlicensed.
      You must pay for the damage to the other persons car if your insurer rejects the claim. Don't mess the other person around with paying for the repair, they are 100% innocent in this and have had their property damaged and will experience inconvenience through your negligence.

    2. Not knowing about having to change your licence is NO excuse as the same rule applies in every other country.
      Did you honestly think that you could have driven here on your OS licence forever after becoming a resident?

    3. Insurance… it will most likely be void as you were technically driving unlicensed. Best to discuss that with them.

    If you take it to court I cannot see how the outcome would be very different… you are undoubtedly guilty so best just to pay your fines and for the repair and learn your lesson. Accept your responsibility and pay up.

    Nothing you have said would result in a different outcome in any country in the world.

    • Baysew on 30/01/2016 - 10:49
      +1

      If you take it to court

      OP has received summons to have charges heard in court.
      It is not an on the spot fine.

    • TheBird on 31/01/2016 - 23:22
      -3

      The best advice I can offer: Don't drop the soap.

      • Kawaii69 on 03/02/2016 - 01:48
        -1

        I laughed too hard at this.

    • stemcell on 01/02/2016 - 10:34
      +1

      Nice to read a sensible post… Not too many of them on here.

  • Diji1 on 30/01/2016 - 10:11
    +3

    Well other than it sounds like you are at fault because you had an accident due to inattention - which can happen to the best of us. As a highly experienced professional e-lawyer I don't think it would be worth fighting it if you have already relayed that information to police as they will be believed in court over anyone else if there's no other evidence.

    But do fight the license charge if you were actually legally licensed to be on the road, that will be easy to show that you have been charged without any basis.

    • juki on 30/01/2016 - 10:21
      +3

      no he thought he was legally licensed to drive, he ignored the validity of the intl DL was 6 months in Aus (the duration on the document itself is longer i believe). That's why he points out the lack of information unless one enquires directly with vicroads.

      • Master Bates on 30/01/2016 - 10:32
        +5

        The accused was driving on —- day without being a holder of driving license or a permit authorizing her to drive

        She

        • juki on 30/01/2016 - 10:55
          +1

          oh, indeed, my bad, sorry OP ;)

      • srhardy on 31/01/2016 - 16:55

        This gottcha has bitten lots of people who stay 12 months and drive on a 6 month Int Licence and still they dont do anything about it! The bitch of it is they dont tell you when you become a resident too. Thats just evil… You have my sympathy

        • swiggity swag on 31/01/2016 - 23:14
          +14

          It's pretty obvious you can't drive in another country on an international licence indefinitely, the rules can be clearly found. Why do people need everything served to them?

        • ChickenTalon on 01/02/2016 - 07:32
          +3

          @swiggity swag: Maybe to you, who might not have any clue as to the thousands of little things new residents have to deal with.

          I 100% agree that people should be responsible, but I can also see how they would easily miss this one. Especially when the international drivers licence itself says it's valid for longer.

          I'm handing it to the OP for not driving away and owning up to their responsibilities. My car was written off by a P-plater in a bogandore doing burnouts down a quiet residential street (with loads of kids about). Of course he/she hightailed it out of there before anyone could get a good look at the plates. Huge cost to me paying the excess, in higher premiums because of the impact on my driving record, and of course no car until it was sorted out.

        • darren870 on 01/02/2016 - 11:54
          +5

          @ChickenTalon:

          I was a new resident. I got my DL on day 5 as I knew I would be here longer then 6 months. Its pretty common knowledge, easy to do and I am almost positive its mentioned somewhere throughout the whole process.

          I am not even sure how the OP got insurance on the car. One of the questions is "do you hold an Australian divers license". I am guessing the OP insurance will be voided as she probably said yes.

        • ChickenTalon on 01/02/2016 - 12:57
          +3

          @darren870: Yep, their insurance most probably is voided.

          Personally I think 6 months validity for a international DL is a bit long anyway. If you're going to be driving here for that long you should be forced to get an Australian DL and it should be very clear.

        • nautic on 01/02/2016 - 21:01
          -1

          @darren870:

          Well then, the insurance company should refund all her premiums that she has paid to them while her license was void shouldn't they?

        • goraygo on 01/02/2016 - 23:51
          -1

          @nautic: unfortunately no, because the insurance didn't know she became a permanent resident and not getting her local license within 6 months.

          Insurance only refund if they have an idea of her drivers license no longer valid.

        • nautic on 02/02/2016 - 04:23
          -1

          @goraygo:

          Well now they do know.

        • hayne on 02/02/2016 - 10:50
          -1

          @nautic: so why should the insurer pay her back her premium? She bought a product from them. If she hasn't made a claim, they are STILL not aware that she might have breached the terms of their agreement. They still have to hold additional capital on her behalf because insurers are legally required to do so to ensure they can pay out any future claims.

          If someone isn't covered because they misrepresented information about themselves, then it would be their fault that their insurance is voided so why should anyone benefit from that fact?

        • BestofOZB on 02/02/2016 - 15:21

          @swiggity swag: you are a bit harsh I think. An overseas licence is different from an international licence. In Australia you can drive on an overseas licence for as many years as you like until you become a permanent resident. If people drive for many years it becomes the norm, unless reminded, they forget to do anything about it. Not an excuse for OP but I think most people should sympathise with her.

          OP, you were driving unlicenced, no way you can get away with it. Pay and move on.

        • BestofOZB on 02/02/2016 - 15:24

          @darren870: The car may not be even under her name, and it does not have to be.

        • OzzyOzbourne on 02/02/2016 - 15:40

          @swiggity swag:

          I agree, when we moved here 5 years ago, it was our responsibility to check the licensing laws, as one would expect.

          If you want to drive a car, you check what license you need and how long it's valid for. Simples!

          It's not always someone else's fault for not looking after you.

        • nautic on 02/02/2016 - 19:32

          @hayne:

          She bought a product from them that she was "INELIGIBLE" to receive.

        • nafe on 01/05/2017 - 09:19

          @nautic:

          She was eligible when she took out the insurance. Up to her to ensure she maintained a valid licence, not the insurer.

  • juki on 30/01/2016 - 10:19
    +8

    xywolap pretty much summed it up, in no ways ignorance excludes liability.
    You can point out the lack of information but it may look like you are trying to wriggle out of responsability and make you look worse.
    His advice of not messing with the other person is correct and fair, i'd also try and have a peaceful approach with my insurer and expect a costly accident.

    As for international licenses, they are less and less supported in foreign countries and usually only for short visits, beware if you go travelling too

    Glad nobody was hurt in the accident

  • eatwell365 on 30/01/2016 - 10:31

    Watch Big Stan on how to cover your back.

    Orignanal available in HD on Stan.

    • eatwell365 on 30/01/2016 - 10:54
      +2

      Best advice you can find from Legalaid here.
      The brochure here is for NSW but will give you details you need.

      OP, did you receive a fine or summon?
      Wonder if anyone can confirm if driving without a licence is an offence that must be seen in front of the court.
      I would take it as a serious offence with the possibility of $3300+ fine, jail term and criminal record and would hire a lawyer without thinking twice. Fee is quite reasonable IMO.

  • ExPrinceHairy on 30/01/2016 - 10:32
    +22

    Yep, be accountable for your actions. Accountability is a trait which seems to be lacking in a lot of people nowadays.

  • airzone on 30/01/2016 - 10:33
    +15

    I don't understand why people think they can keep using their foreign licenses after becoming a resident..
    - Hey, I now live here.. What do I need to do? Tax, medicare, bank account, get a job, rent a place to live, update my license.

    As distinct from a visitor who is here for a few weeks..

    • juki on 30/01/2016 - 10:54
      +1

      i could go on a long rant, but when you have been driving for 15 years and you have to go back to being considered as a 18y.o newbie, it's sometimes hard to wrap your head around.
      Long and annoying complex paperwork.
      different functionning systems, legal framework
      Massive fees.
      long queues and waiting lines, TIME some admin stuff really takes forever (depending on countries)
      sometimes language
      lack of support
      all of this in addition to working and covering already other costly expenses as well as normal ones.

      It's sometimes hard to know in which direction to go and to have a complete checklist of the things to do. I'm not looking for excuses, it's just not that easy to find all the information you need (even with google).

      • airzone on 30/01/2016 - 11:34
        +18

        It might be hard, but it's part of the process of moving country. And it's why you get 6 months to do it (or 3 in NSW).

        Think about it though - you are driving unlicensed, and therefore uninsured. OP will have to pay cash for the repairs to the other car, and be thanking their lucky stars that nobody got hurt.

        • juki on 30/01/2016 - 11:50
          +3

          i agree, i just meant i can imagine how it happens.

      • Cheeper on 30/01/2016 - 19:15
        +4

        I have lived in another country and while I am no Einstein I knew that if I was residing in that country I would need to do certain things.. including getting a licence to drive in that country as I knew that I was no longer a tourist or visitor.
        Without it I knew I would be jeopardising any insurance coverage that I had taken out… That is the most simple common sense factor that anyone would realise.

        I feel that the op here knew that he should have obtained a local licence but was hoping to get by using a feeble excuse of not knowing… when he did know. Surprised that he had insurance.. but hell knows if it was ctp, tpp or comp?

      • snook on 01/02/2016 - 11:28
        +3

        You aren't a newbie at all - you go and get a licence for the state that you are in. It's a full licence. There are no p or l plates

        Ignorance of the law/rules is simply not an excuse to get out of something … unfortunately. That's the bottom line.

    • Baghern on 01/02/2016 - 22:32

      maybe you don't understand because… well you've not been in their position…

      • airzone on 01/02/2016 - 23:56

        Are you sure?

  • Master Bates on 30/01/2016 - 10:48
    +13

    We all make mistakes; what is done is done and you can't take it back, so don't stress and take positive action to remedy the wrongs.

    You have broken the law as detailed on the VicRoads website (Overseas Drivers). If you became a PR over 6 months ago you are driving unlicensed and your insurance is void.

    Might be worth calling a Lawyer; the first result in a Google search brings up these guys. They should not charge you for a consultation, but you may not find their services cheap if you decide to let them represent you. You should get a couple of different opinions from different Lawyers and go with the one that best suits your needs.

    I don't mean to scare you but according to the Lawyers website, "If the person has never applied to obtain a driver’s licence the maximum penalty is 3 months and/or 25 penalty units." I strongly doubt you will get jail time for this offence, but I would expect you will be banned from driving for a while and your insurance premiums to be expensive in the future.

    Unfortunately I wouldn't expect hiring a Lawyer is going save you money nor make your insurance company pay out. Insurance companies love to get out of payouts and this seems pretty clear cut.

  • altomic on 30/01/2016 - 11:04
    +7

    Xyolap is pretty spot on.

    my advice -Talk to Vic Legal Aid on how to proceed with pleading guilty. ignorance of the law (i.e. not getting a Vic license because you were not told is no excuse).

    In QLD you can arrange on over the phone or in person advice session by calling their toll free number. I'd assume it would be the same in Vic. There is a duty lawyer at the court who can assist with your plea.

    one penalty unit is $151.67. for the careless driving charge you can be fined up to 12 penalty units (so for that charge alone a max possible fine of ~$1819)

    contacting Legal Aid Vic and getting some advice can help mitigate the charges by presenting your matter better. e.g. your previously clean driving history, your apologetic ignorance of law, your financial circumstances and commitments- $1819 would render you homeless (making that up- but you understand).

    unless you have previous multiple driving convictions then you would only receive a fine.

    as for hiring a lawyer, I'd advise against that. it will most likely cost you more than the fine and you can obtain the same service (except representation in court unless the duty lawyer is available) from Legal Aid advice service.

    • Master Bates on 30/01/2016 - 11:24

      It is worth speaking to Legal Aid for advice, but their representation in court is a means tested service, so whether you can use their services depends on how much you earn.

      • altomic on 30/01/2016 - 11:55

        Not for duty lawyer. At least in qld where legal aid runs the duty lawyer service.

        But yes, to secure a legal aid lawyer as a dedicated representative requires you to pass their means (finance), merits (probability of a meaningful outcome) and guidelines (what matters are covered under funding guidelines) tests.

  • PJC on 30/01/2016 - 11:22
    -7

    Grasping at straws here - you could argue your Immigration Agent never told you about the need to replace your driving license within 6 months of residency granted.

    • swiggity swag on 31/01/2016 - 23:18
      +3

      That excuse isn't good enough, no-one else is responsible other than the OP.

  • trongy on 30/01/2016 - 12:00
    +13

    If it's a first offense you can apply for a Diversion. With a diversion, you admit fault, but avoid making a guilty plea and thus avoid a criminal record. Make sure you have paid the victim for the damage you caused (whether or not insurance covers it).

    Details about unlicensed driving.
    Details about careless driving

    If you can't get a diversion, you will have to plead guilty. The police prosecute will read the details of the case. The magistrate will give you a chance to talk. Be honest and apologetic. You can mention the circumstances, but don't make it sound like you don't think you are to blame. Keep it brief and accept responsibility - no weaseling. Remember that the magistrate has does this every day and has heard every excuse under the book many times over.

    The magistrate has some latitude in sentencing depending on the seriousness of the offence and also your ability to pay (they may ask your income and financial responsibilities). I think that you will probably receive a fine at the lower end of the scale because you didn't cause any person injury and you were not deliberately breaking the law.

    Paying a lawyer to represent you will likely cost more than the fines you have to pay.

    Note that since you still don't have a Victorian license should not be driving until you get one. Doing so will only risk a second charge and the penalties will be much higher.

    Edit: If you have never been to court before you can go to the magistrate's court where you charge will be heard and sit the public area of a court where traffic offences are being heard. If you listen to a few cases you will see how the court process works.

  • Tayabchinyoty on 30/01/2016 - 13:16
    +10

    thank you guys for the advice
    -honestly, i will get the other guys damage fixed whether insurance pays or not, it was 100% my fault
    -i will also pay the fine or fines as not knowing the law is not a reason to break it
    -the only thing which is scaring me is jail or criminal record as it was an honest mistake
    -but i have summarized the advice, talk to legal aid and probably get a lawyer, in front of the judge tell him/her the complete story and see what comes than
    -what i told the police was the truth, stupid but true; was using air conditioning controls
    -lastly, when you migrate to another country. you have to do alot of things, like find a job, place to live etc etc. you really dont go surfing vic roads website for rules. when i bought the car, it was on my overseas license, when vic roads transferred the car on OS license i thought all is well but again you guys are right not knowing the law is not an excuse. once you get residency, they give you heaps of information, centrelink medicare banking tax contacts of people who can help find job, it wouldnt cost them too much to add another line of information about driving license

    • Cheeper on 30/01/2016 - 19:23
      +12

      Unless there is something you have not told us you can forget about a criminal record or jail time… the offence is not that serious.
      The worst possible outcome will be the payment of fines, some points on your licence when you get one and higher insurance premiums for a few years. Don't forget to disclose the incident when you apply for insurance in the future as it can come back to bite you.

      As much as this has been an unpleasant ordeal for you in your new country just remember that it could have been much worse and that is something to be thankful for.

      Get a local licence asap and learn from the experience and be a lot more observant when driving in future. Accidents happen in a blink of an eye.. and are usually damn expensive.

      • cowiie on 31/01/2016 - 19:57
        +1

        If you killed a pedestrian on that overseas licence then you would expect some jail time

        • sareth on 31/01/2016 - 23:08
          +1

          If you killed a pedestrian on any licence then you would expect some jail time.

        • geoffellis on 01/02/2016 - 03:18
          +3

          @seanmurphy1994:

          Not necessarily. Accidents happen. It's not an automatic jail sentence.

    • [Deactivated] on 31/01/2016 - 05:23
      +1

      'you really dont go surfing vic roads website for rules'

      …thats exactly what you should be doing. youve already had one accident through inattention, a serious licensing issue and are going to court…not a very good start. learn the victorian road rules and drive responsibly…and please pay attention to your surroundings so you dont cause anymore accidents!

      • 973728 on 31/01/2016 - 10:48
        +2

        Agree - you should be on VicRoads looking how long an international driving licence is valid for from early on (way before you get residency status).

        I myself knew of the 6 month rule and went and got a licence at the end of that 6 month period in true OzBargain style!

    • RnO on 31/01/2016 - 16:59
      +4

      sorry but if you never went on vic roads website then How did you know your own Overseas Drivers Licence was even valid in the first place?
      I imagine you looked into it on the website at some stage unless you never checked if your country of licence was one approved for use in Victoria?
      Anyway all the information on validity as well as countries approved for use are in the same area on VicRoads website. No excuse and poor form. You saved yourself the money of not having to go through the licence process and luckily enough the person you were in an accident with "didnt believe on your international licence" and called the police.

    • AgentQ on 01/02/2016 - 09:51

      If you decide to represent yourself, please go prepared, even write down what you need to say. If you get a lawyer than he/she should take care of the talking, they know how to talk the talk. Expect a lawyer to charge in vicinty of 900-1000AUD for a single appearance in court. The fine you will get, most certainly(if magistrate's teenage daughter wasn't pregnant) will not be the maximum. Magistrates also take it into consideration that you have hired a lawyer because you are taking the hearing seriously and give their verdict accordingly. If you are worried about jailtime, don't fret. It is the conviction that can happen in worst case scenario (teenage daughter etc and you opinionate on her having an ASBO) , most likely with or without a lawyer fine it will be. The magintude of fine can depend on your income. When pleading guilty, lawyer very subtly indicate to the magistrate in acceptable court language that this is how much you earn and it is a conviction that you are dreading because it is your first and most likely the last court date ever. All the best and stay away from attorney offices who charge per hour

    • pyramid on 01/02/2016 - 10:47
      +1

      I don't buy this. As soon as one get residency, how come they know about medicare benefits, centrelink benefits, child care benefits etc but don't know about vicroad rules.

    • SaberX on 31/01/2016 - 15:25
      +4

      Terrible out of taste comment. Really?

      • supnigs super skids on 31/01/2016 - 15:29
        -8

        Break the law and take ownership or your error. Lucky no one was injured.

        • SaberX on 31/01/2016 - 18:12

          Yeah, we know / agree as many posters pointed out.

          It was more your tasteless jab (at least i hope it was) that was unnecessary.

        • juventino on 01/02/2016 - 13:53

          @SaberX:

          he's speaking from personal experience, so no jab at all :)

        • supnigs super skids on 01/02/2016 - 15:43
          -2

          @juventino: SUCh A reDICulous comment. rEAd The newS hard HITting HERO 👍

  • Jared17 on 31/01/2016 - 08:02

    Unfortunately there are lots of stuff to take note of once you have residency, i can believe it's an honest mistake if you really are preoccupied with other more urgent stuff like job, Medicare etc. You may have neglected to get a local licence but what's done is done so this is a lesson to learn.

  • [Deactivated] on 31/01/2016 - 14:11
    +2

    Bloody hell, if only we could all use the line "no one told me" in life as an excuse…

    • terrys on 31/01/2016 - 17:42

      Often you can - once - but in mitigation, not refutation.

  • rasserie on 31/01/2016 - 14:23

    if you have taken the necessary steps to get residency and jumped all the hoops, surely you would have known about driving with a valid license? what if ur license's not in english? ur expecting traffic enforcers to know how to read it? even if u have a valid license, learn to exercise due care. kinda frightening to hear u could bump a stationary car whilst stuffing around with the AC. lucky thats not a person u hit. otherwise things wouldve got worst. id say suck it up and learn.

    • geoffellis on 01/02/2016 - 03:21

      If your license is not in english there is a legal requirement to have a notarised english translation. If you don't have a translation it's not considered a valid license any ways.

  • kolorijo on 31/01/2016 - 14:41
    +3

    Ah, the old classic "nobody told me" argument.

    • 2Poor4Ozb on 31/01/2016 - 16:29

      agreed such an old excuse

  • Sinful on 31/01/2016 - 14:48

    There is an expiry date inside the drivers license.

    • rasserie on 31/01/2016 - 14:51

      that depends on where u came from. but australian drivers license has an expiry. some country's licenses are for life.

      • Sinful on 02/02/2016 - 19:39

        The international drivers license I had in Australia, had an expiry date stamped inside the first page of the book.

  • croc330 on 31/01/2016 - 15:10

    IANAL (I am not a lawyer)
    that said I can look up legislation - here it is:

    65 Careless driving
    (1) A person who drives a motor vehicle on a
    highway carelessly is guilty of an offence and
    liable for a first offence to a penalty of not more
    than 12 penalty units and for a subsequent
    offence to a penalty of not more than 25 penalty
    units.
    (2) A person must not drive a vehicle, other than a
    motor vehicle, on a highway carelessly.
    Penalty: For a first offence, 6 penalty units;

    See legal aid, hope for that one
    According to the web "The current value of a penalty unit is $151.67 (as at 1 July 2015)
    I don't see why they'd record a conviction, but again IANAL

    Best of luck with this. Hopefully you get a sympathetic Magistrate.

  • dogboy on 31/01/2016 - 16:29

    In this situation I actually think you were pretty lucky to have had an accident where no other person was involved (other than their car). If you had had an accident and hurt someone then you could be up for some serious money as you were unlicensed and therefore not covered by third party insurance.

  • jenkemjunkie on 31/01/2016 - 18:14
    +1

    Summary of talk with police: I was driving and was looking at the air conditioning controls and the accident happen

    This is where you really messed up. Should not have divulged this type of detail to the police and that's why they justify charging you under the respective provision. Your name and address would have sufficed.

    • 2Poor4Ozb on 31/01/2016 - 18:41

      innocent until proven guilty!!! God bless Australia

      • jenkemjunkie on 31/01/2016 - 19:55

        If she gets a decent lawyer, she wouldn't even have to rock up to the magistrates court for the hearing, likely wouldn't get a conviction and would probably only have to pay a small fine.

  • mousie on 31/01/2016 - 19:03

    Were you nice and cool at least with your car's air con?

  • yummybargains on 31/01/2016 - 20:04
    -8

    It's just a little scratch on someone's car, not really the drivers fault at all as they were occupied.

    • IceCreamBandit on 31/01/2016 - 20:11
      +1

      It's just a little scratch on someone's car, not really the drivers fault at all as they were occupied.

      Where does it say it was 'just a little scratch'?

      And are you saying you can run people over and hit whatever you want with no repercussions if you're on the phone, eating and doing make up because you'd be occupied and therefore it wouldn't be your fault? FFS…

      • yummybargains on 31/01/2016 - 20:40
        -5

        I know what you mean Ice cream.

        Air con does become a priority over other things, especially in summer, just sayin…

        • 2Poor4Ozb on 31/01/2016 - 20:49
          +3

          so many times i drive to work catching people eating breakfast/putting makeup reading paper mobile. Dont know why it so hard to wake up earlier do your stuff and drive to work. So many people are so selfish that they put other people life at risk.

        • yummybargains on 31/01/2016 - 20:53
          -2

          @2Poor4Ozb: Instead of 'catching' other people 2poor you should keep your eyes on the road, you might cause an accident:)

        • 2Poor4Ozb on 31/01/2016 - 21:22
          +1

          @yummybargains: i do keep my eyes on the road and my surrounding. I always look 180 degree view not only straight infront, even at green light i always have a habit of looking left and right just incase some idiot goes through a red/late orange light. It not like i stare just see them corner of my eyes

    • [Deactivated] on 31/01/2016 - 20:44
      +1

      occupied…? driving a 1.5 tonne vehicle should be enough to keep you occupied…
      it wasnt an accident it was careless driving resulting in a crash.

  • spychiatrist on 31/01/2016 - 20:48
    +3

    Just like in the US, most migrants once they get residency - straight to Centrelink and forget the rest

  • paloverde88 on 31/01/2016 - 20:55

    Ignorance of the law is not a valid excuse.

    Justice has to be seen to be served in the eyes of the public otherwise it's corruption.

  • bghunter on 31/01/2016 - 21:07
    +1

    Just like you need a permanent residency to live here permanently, you need a local driving licence to drive here (or in any other country, for that matter). I dont see any reason to be confused.

    • MrTweek on 31/01/2016 - 23:54
      +1

      Yeah, but in other countries, failing to change over your licence just gets you a small fee for failing to change over the licence. They won't pretend that you lost your capabilities of driving until you get a local licence and fine you for driving without a licence.

      It's a formal mistake that shouldn't be a crime.

    • geoffellis on 01/02/2016 - 03:30

      You can live and drive here for years and years without needing to switch licenses to a local one.

      That only changes when you obtain a permanent visa. It seems stupid that someone who has been here 10 years on temporary visas can legally drive with the overseas license. but someone who has been here for 3 years who just got residency suddenly gets a driving conviction because they forgot or didn't know that they needed to get a local license.

      • bghunter on 01/02/2016 - 13:58
        +3

        Being a migrant myself, I reckon people who come here on visas other than tourist visa (valid for 3 months or less) should be given a maximum of 1 month to drive on international licence. This is to familiarise themselves with the road rules and get a local licence. I've seen people from my country drive so recklessly that they shouldn't be driving at all.

        • geoffellis on 02/02/2016 - 05:22

          Well, that might be what you want…

          … but that's not how it is.

  • swiggity swag on 31/01/2016 - 23:10

    The international licence thing is coming through clear in the OP.

  • Davo1111 on 01/02/2016 - 01:37
    +1

    Car is fully insured, what happens to insurance when they find this out

    not with an unlicensed driver it isn't*

    *read your PDS, there might be deniability, but they could chase you for the damage

  • Tayabchinyoty on 01/02/2016 - 06:11
    +1

    Thank you again guys
    Insurance has paid up
    Will update what happens in court

    • [Deactivated] on 01/02/2016 - 06:27

      thats fortunate….learn from the experience and in the future please pay attention to your surroundings rather than objects inside your vehicle (eg. a/c, radio or your mobile phone)…youre lucky it wasnt a significant crash and no-one was injured

      good luck in court and spend a good amount of time reading & understanding the vicroads site because if you didnt know about licensing requirements chances are likely you may not be familiar with much of the other victorian road rules

    • Charity on 01/02/2016 - 13:05
      +2

      Who is your insurance company? Wow!

      Paid up in less than a day? They insure foreigners + beyond state limits? They don't read/comprehend the police report?

      They sound unbelievably awesome!

      • Lucious on 02/02/2016 - 23:03
        +3

        While all policies will exclude unlicensed drivers, Section 54 of the Insurance Contracts Act essentially states that the policy condition that an insurer intends to rely on to deny the claim needs to have actually contributed to the claim. So when someone is unlicenced, if they have never been licensed, the policy exclusion can apply, but if they have been licenced that is substantiation thst they know how to drive, so the act of being unlicenced has not contributed to the incident occurring and the claim cannot be denied.

        I came here to give more detail about what to say to the insurer if they threatened not to pay, but I'm glad to see I don't have to!

    • nautic on 01/02/2016 - 21:13
      -1

      Glad you had a good outcome and hoped you learn't from this experience. This isn't the place to be asking these things. In fact, I wager that had you asked these twits face-to-face, there response would be something along the lines of… "I'm sorry to hear that" or "wish I could help with anything" or "hope all goes well"

      Pfft cowards.

  • aussieprepper on 01/02/2016 - 07:56

    No offence but maybe take some driving lessons. I do not know what country you are from but obviously the laws are different. Maybe your driving isn't up to scratch! the accident really shouldn't of happen in the first place!

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