Had Accident - Car Insurance Has Just Expired

LElla44 on 01/08/2017 - 21:55
Last edited 02/08/2017 - 08:51 by 1 other user

Hi everyone,

On the 29th of July I had an accident at a roundabout. I was driving on the main road, as I approached the roundabout I T-boned another driver which came from the left side of the roundabout. His vehicle spun across the garter, and smashed through a brick wall & a Telstra box on a private home property. Both cars were towed away. The car I got involved on the accident belongs to my mum.

She is covered with QBE third party insurance. On the 15th of July the insurance expired. We were unaware of this as usually the company sends a reminder letter in the mailbox. However, they did send an email, although my mum is aged, she rarely ever use that service.

We still don't know who's in the wrong. Is there a chance to renew the insurance as it wasn't our fault we didn't read the email in time? We have been with QBE for 2 years.

PS: My Samsung 5 was stolen by the towing truck driver. Any chance of retrieving it?

Automotive

Comments

  • Donaldhump on 01/08/2017 - 21:58
    +19

    Most insurance companies keep you insured for few weeks after I think, just ring them up

    Might be a requirement for them to do so

    Might be wrong tho

    • Ella44 on 01/08/2017 - 22:02

      Pls tell me what's the best order of doing this, do I call the insurance first and explain the situation first, or pay & renew then call them?

      • Donaldhump on 02/08/2017 - 20:03
        +18

        Ring them up and be honest, doing in reverse is fraud

        • Jackson on 03/08/2017 - 22:16
          +15

          Name does not check out

        • gimli on 04/08/2017 - 05:52
          +4

          @Jackson:ok michael

      • nikey2k27 on 03/08/2017 - 22:25
        -2

        so many week so many years with AAMI 3 months out aunt had her crash she been with them 22 years they pay out

        • John Kimble on 04/08/2017 - 10:43
          +15

          Huh???

        • apey2000 on 05/08/2017 - 00:05
          +4

          ^^^

        • jv on 05/08/2017 - 00:16
          +5

          did they pay backwards after weeks crash returned with fault?

        • Godric on 06/08/2017 - 16:30
          +1

          i'm really eager to get clarification on what this post was meant to mean

        • Ethernia on 06/08/2017 - 19:04

          Im going to go with "My Aunt had been with aami for 22 years, unfortunately, she forgot to renew her insurance and when she had an accident, she had been without insurance for three months, but AAMI being the wonderful insurance company they are still covered her" *I'm going to assume she renewed very quickly.

        • nikey2k27 on 08/08/2017 - 07:39

          @jv: Yes they did

        • nikey2k27 on 08/08/2017 - 07:40
          -1

          @Ethernia: she pay it on phone then and there.

      • Ella44 on 13/08/2017 - 21:42
        +1

        I called the QBE and thank God they extended the insurance. If your insurance is overdue, you have another month to pay. I learned that not all insurance companies give such a chance

    • bobbified on 01/08/2017 - 22:29
      +50

      most insurance companies keep you insured for few weeks after

      Insurance companies use any possible opportunity to avoid paying out a claim.

      The expiry date of the insurance policy is on the policy document. They won't cover you for a minute after that.

      • Donaldhump on 02/08/2017 - 20:02
        +7

        https://www.thebalance.com/what-is-a-car-insurance-grace-per…

        I know this because I worked for insurance companies before

        • bobbified on 02/08/2017 - 20:13
          +12

          The link relates to insurance in America. Some of the concepts of insurance may be similar between the countries but I wouldn't rely on such article.

          If it's not in written in the policy, then it's not going to happen unless it's just a what they would tell you is a "gesture of goodwill".

          I used to work for insurance companies too - As a claims assessor, the first thing we would do would be to look for anything we can deny the claim on. If we denied liability, only when the claimant pushed hard enough, we'd ask ourselves based on our previous experience with similar court cases "what is a court likely to say?". If we thought there's a pretty good chance that the court would side with the claimant, we'd stop wasting time and accept liability. However, we'd be telling everyone else that we're doing it out of good customer service.

          Having said that, we did deny most claims when it came to being on the wrong side of the policy end date.

        • imurgod on 04/08/2017 - 12:09
          +3

          @bobbified: You must have worked for a bad claims paying insurer and I assume a direct insurer based on what you're saying - I have a strong idea who it is but I'm not going to say.

          QBE are good claims payers and provided there is nothing the OP isn't telling us, I think they'll be ok if they explain the circumstances and pay the premium and excess.

          Failing this, there's always the Financial Services Ombudsman.

          Generally, insurers renew the policy and then there's credit terms for you to pay (generally 30 days). A court would have to be satisfied that they've taken "reasonable steps" to contact you and that is far more difficult than it sounds. The courts almost always rule against the insurer in this case.

          This myth that insurers try to find ways not to pay claims is a bit of a generalisation. It's true that some do, but a quick Google search will tell you who they are (and you get what you pay for).

          Before you purchase any insurance, read the PDS and Google what the user experience is like in relation to claims.

          As for your phone, refer the matter to police. It's theft.

          Best of luck!!!

        • johnno07 on 05/08/2017 - 11:31
          +2

          @imurgod:

          You must have worked for a bad claims paying insurer

          What planet do you live on? Insurers are in the business of making money. They don't make money by paying out claims to people without current policies.

        • imurgod on 05/08/2017 - 11:54
          +1

          @johnno07: I work in the industry, you clearly don't know much about it.

          Insurers make money in so many ways, least of which is having a profitable book. If they don't pay claims, they get sued and that costs more let alone not getting any clients because of their bad reputation.

          It's called a contract of insurance.. "contract" bound by law.

          What planet do you live in where you'd think they don't have clients who don't make claims?

          I'll keep it nice and simple for you:

          Total premium pool for 2017 = $100
          Total claims paid for 2017 = $70
          Total profit = $30

          Thats basic but easy to understand.

        • johnno07 on 06/08/2017 - 16:04
          +2

          @imurgod:

          I work in the industry, you clearly don't know much about it.

          I work in the industry. I write software for a major insurer that automates process of paying out claims based on a number of factors. One of them is a pretty simple boolean flag: "isClaimWithinPolicyPeriod".

          Insurers make money in so many ways, least of which is having a profitable book.

          Huh? If you aren't making profit, you aren't making money. Sure your banking/finance arms can maybe hold you up, but that doesn't mean your insurance business is making money. I'm VERY confused with what you're trying to say here.

          What planet do you live in where you'd think they don't have clients who don't make claims?

          I'm not saying, and never did actually say, that insurers don't have premium-paying, non-claiming customers. But a process whereby you automatically pay out any claims that fall within some arbitrary time period AFTER a customer's policy has expired would eat into your margins.

          Total premium pool for 2017 = $100
          Total claims paid for 2017 = $70
          Total profit = $30

          Total premium pool for 2018 = $100
          Total claims paid for 2018 = $70
          Total claims paid where loss occurred outside of policy period: $10
          Total profit = $20

          Can you see what I'm saying?

          I'm not saying that that there aren't cases where insurers use their discretion to pay out claims for losses occurring outside of policy periods. But this is DISCRETIONARY - not enforced by law/regulation/consumer body. There would have to be business value in paying out claims that are, on the face of it, invalid. Surely I'm not saying anything unreasonable here?

        • imurgod on 07/08/2017 - 07:14

          @johnno07: I must've misunderstood you. Sorry.

          I will say though, the insurance contracts act may apply here and so the insurer is in fact, bound by law.

          It's obvious that software is going to contain code that only pays claims within a policy period otherwise it'd be useless.

        • johnno07 on 07/08/2017 - 11:10

          @imurgod:

          Yep sounds like we are one the same side - just we were yelling too loudly to know it!

          I was just having a quick browse of the ICA and can't see any provisions relating to claims after policy periods. Am I missing something?
          http://www.austlii.edu.au/au/legis/cth/consol_act/ica1984220…

        • imurgod on 07/08/2017 - 14:08

          @johnno07: Ha ha, internet yelling, no less.

          From memory, I think it's section 58 of the ICA 1984.

          Doesn't directly relate to claims, but the insurer's obligations as to cancelling/renewal of the policy

        • johnno07 on 07/08/2017 - 17:06

          @imurgod:
          Yeah I had a look at s58 - that covers an extension of cover if the insurer has failed to notify the insured that their policy is expiring at least two weeks prior to said expiry.

        • imurgod on 07/08/2017 - 19:11

          @johnno07: that's the angle. The OP said the insurer emailed the renewal and the insured doesn't use her email.

          I'd say unless they did more than that and given that the renewal isn't too far gone, it'd be pretty easy to get the claim covered.

          No court would allow them not to honour the claim if the intention was to renew given the short time since. Especially as this is a small claim. Had the claim been over $50k or $100k,they might make a settlement offer or fight it but for a tiny quantum, it'd be a losing fight, especially considering its a retail client. FOS would have them for breakfast.

      • mezje on 03/08/2017 - 18:50
        +2

        I know what you say is true however when I called to renew my AAMI insurance it was out for a day (bad, I know) and they told me I still would have been covered, with something like a 1-2 week grace period.

    • tsunamisurfer on 02/08/2017 - 10:51
      +18

      Not sure why UncleSnake is being negged, what he says is true, 2 weeks.

      • Donaldhump on 02/08/2017 - 20:00
        +56

        I love getting negged for helping , makes me want to do it more

        • ronnknee on 03/08/2017 - 20:26
          +2

          jv loves getting negged too.

        • gimli on 05/08/2017 - 09:01

          @ronnknee: and everyone loves begging him/her!

      • Scrooge McDuck on 03/08/2017 - 10:49
        +11

        Not sure why UncleSnake is being negged,

        Monkey see, monkey do. 🙉

        • bobbified on 03/08/2017 - 15:37
          +4

          That's so true!

          I've noticed that once there's a neg, the rest usually starts piling on!

          I tend not to neg people - if I don't agree, I'll usually write my own opinion unless someone's already said what I wanted to say.

      • MrTweek on 03/08/2017 - 14:17
        -1

        Because he didn't provide a reliable source and even admits that he doesn't know for sure.
        Sometimes, wrong information can be worse than no information.

        • Scrooge McDuck on 04/08/2017 - 00:38
          +6

          and even admits that he doesn't know for sure.

          That's a positive not a negative — it's responsible.

          Sometimes, wrong information can be worse than no information.

          Saying that you think something with a disclaimer that you might be wrong isn't in itself wrong. It is true that he thinks the thing he thinks and also that he might be wrong since he hasn't confirmed it.

          It has positive value in that he's sharing his knowledge as a starting point for the OP to confirm it.

      • johnno07 on 05/08/2017 - 11:34

        What he says is NOT true. You are absolutely NOT guaranteed/entitled to having a claim paid out for a loss that after your policy end date. There are no laws, rules or regulations stating this. Any payouts are done for goodwill (to ensure repeat custom) or for PR purposes.

  • lizzle on 01/08/2017 - 22:29
    +22

    Personally I think it's your responsibility to keep on top of things like insurance. You could set your own yearly reminders or something. It's just bad to rely on companies to remind you, and it's not a valid excuse for not having it. That said, I hope you manage to work things out alright.. If I was in your situation, I would definitely call the insurance company to check if I was covered on that date.

  • Randxyz123 on 01/08/2017 - 22:34

    On the 96th of July

    When? Last time I checked there were 31 days in July. I'm assuming you mean the 16th?? or the 26th?

    She is covered with QBE third party insurance. on the 15th of July the insurance expired.

    We were unaware of this as usually the company sends a reminder letter in the mailbox. However, they did send an email, although my mum is aged, she rarely ever use that service.

    Did they warn you that all communication was coming via email now? Many companies are doing this to save costs. More than likely it would have been on last years renewal letter to let them know if you DON'T want to get email renewals…

    If your mum doesn't check her emails, get the renewal forms sent to your email.

    Sounds like it was your fault and that you were going pretty fast… Where was the accident? Did the other driver have a stop or give way sign ? Or were they already in the roundabout? My best guess is that you both tried to enter the roundabout at the same time. Could be 50/50 fault.

    Have you heard from the other party? Has His/her insurance sent you anything yet?

    Is there a chance to renew the insurance as it wasn't our fault we didn't read the email in time? we have been with QBE for 2 years.

    No chance. You were uninsured. It's your responsibility. Put a reminder in your phone/calendar or just leave it on direct debit.

    Even if you had insurance would you be covered as a presumably under 25 year old non listed driver?

    PS my Samsung 5 was stolen by the towing truck driver. any chance of retrieving it?

    What do you mean? Stolen as in left in your mum's car that you possibly wrote off and now don't know where they took it?

    • Ella44 on 01/08/2017 - 23:01
      +4

      The accident happened at the Barton st roundabout via Chuter ave. Monterey area. I was in the roundabout first, heading straight on the main road. Before I knew it, the last thing I remember seeing was his side door directly in front of me. He must've tried to gun it across in his little sports car. he walked away without a scratch. however, I got 10 stitches in my head shaped like a nike tick just do it.

      He is uninsured as well.

      Today I received a message from the guy after reactivating my phone. RE:

      Hi ****, it's **** from the accident on Saturday night. can you please contact me on this number as soon as possible, so we can start getting everything resolved in a civil manner.

      I'm left with no car to get to ad from work and the home owner is left with a broken fence.

      I would like to get this resolved without involviong lawyers.

      Ty

      • KingJuf on 01/08/2017 - 23:47
        +9

        My opinion is that if you were in the roundabout first and he was coming from the left then he is in the wrong… But maybe i am wrong. I am assuming from what you have described that he failed to give way to you who was on his right hand side. I hope you did not admit fault? As it looks like he is trying to shift the blame on you..

        • Findo on 02/08/2017 - 12:32
          +42

          You don't give way to anyone on the right for roundabouts. You give way to cars already on the roundabout.

        • zrach on 03/08/2017 - 20:06

          @niggard:
          You kinda have to now because people think otherwise

        • xuqi on 04/08/2017 - 15:48

          @niggard:

          Absolutely correct.

          http://www.motoring.com.au/10-most-misunderstood-road-rules-…

          1. Roundabouts
            Approaching a roundabout

          Drivers approaching a roundabout must use their indicator if they intend to turn left or right, or make a U-turn at the roundabout. They must give other road users sufficient notice of their intent to turn.

          Entering a roundabout
          Drivers must slow or stop to give way to any vehicle already in the roundabout. Drivers must also continue to use their indicator if they intend to turn left, right or make a U-turn.

          Turning left
          Drivers must indicate left on approach and be travelling in the left-hand lane (unless there are road markings with other instructions), stay in the left lane and exit in the left lane.

          Going straight ahead
          There is no requirement for drivers to signal when approaching the roundabout, if they are going straight ahead.

          Drivers may approach the roundabout from either the left or right lane (unless there are road markings with other instructions).

          Turning right
          Drivers must indicate right on approach and be travelling in the right hand lane (unless there are road markings with other instructions).

          Making a U-turn
          When using a roundabout to make a U-turn, drivers must approach in the right lane and signal right.

          Changing lanes in a roundabout
          Drivers may change lanes in a roundabout if they wish. The usual road rules for changing lanes apply. Drivers must use their indicator and give way to any vehicle in the lane they are entering.

          Exiting a roundabout
          Just like exiting any road, drivers must signal left when leaving a roundabout, if it is practical to do so, and stop indicating as soon as they have exited the roundabout.

          When travelling straight ahead on a small single lane roundabout, it may be impractical to indicate left when exiting.

          All drivers are required to drive carefully and slow down or stop when there is a chance of a crash with another vehicle.

          1. Giving way to pedestrians when turning
            If a driver is turning left or right at an intersection, the driver must give way to any pedestrian crossing the road the driver is entering. This applies to intersections with and without traffic lights.

          For their own safety, pedestrians should always check their surroundings before crossing the road.

      • Euphemistic on 02/08/2017 - 08:06
        +17

        I would like to get this resolved without involviong lawyers

        That's a sign. Involve lawyers.

        • AlanHB on 03/08/2017 - 18:08

          I agree it's a good sign, but we don't know if it's appropriate to involve lawyers without first knowing the value of the damage. The lawyer fees could be more expensive.

        • stumo on 03/08/2017 - 19:29
          -3

          @AlanHB:
          We need bikie lawyers.

      • ExtraSalt on 04/08/2017 - 06:30
        +5

        without being there or seeing it, it seems like he was initially in the wrong because he entered the sequence while you were already in it, but you would have had to be flying if your t-bone smashed him through a brick wall and the telstra box.

        Roundabouts are always an interesting topic, because some (like me) interpret the rules as whoever enters the roundabout first gets dibs. Whereas others (especially the older homies…sorry) see it as you have to always give way to the right

        • John Kimble on 04/08/2017 - 10:46

          Roundabouts are always an interesting topic, because some (like me) interpret the rules as whoever enters the roundabout first gets dibs. Whereas others (especially the older homies…sorry) see it as you have to always give way to the right

          That's because the roundabout rules changed and people haven't realised…

        • StateOE on 04/08/2017 - 13:51
          +3

          @John Kimble:

          Can you please explain the difference to me?
          People already in the round about will approach you from the right anyway since it goes clockwise.

        • John Kimble on 04/08/2017 - 14:15
          +2

          @StateOE: Yes, you are correct. I'm no expert, but I think they are referring to approaching traffic to try to make it simpler?

          Eg if it was a standard intersection roundabout and 4 cars happen to be approaching from 4 separate directions at the same time, technically everyone should give way to each other and no one would move?

          Or if there was a relatively solid stream of traffic from one direction, the traffic on the left would be stuck a lot longer (or until a car to the right of the solid steam comes through to break it temporarily) when technically, if there was a safe enough gap they can go through.

          So now it is essentially first in, best dressed.

          Having said that, as already stated, a good proportion of people still observe the old "give way to left" and that wrecks it for everyone.

          http://www.rms.nsw.gov.au/roads/safety-rules/road-rules/roun…

        • King Tightarse on 04/08/2017 - 18:16

          @John Kimble:

          "give way to left"
          You mean right, right?

        • John Kimble on 04/08/2017 - 18:42

          @King Tightarse: Yes, my bad.

        • Slippery Fish on 05/08/2017 - 09:18

          @John Kimble: the only way to already be on the roundabout is to be right, if your already to the left you should be traveling at appropriate speeds for the intersection which shouldn't be a problem….

        • John Kimble on 05/08/2017 - 09:54
          +1

          @Slippery Fish: I am referring to approaching traffic, not cars already in the roundabout?

        • LauralHardy on 05/08/2017 - 18:08
          -1

          Its seriously unlikely that OP was on the roundabout first if she T-boned the other driver, other driver would have had to enter roundabout and make it all the way across in front of OP in order for this to happen; traveling 20-30m for OP's 10.

          Source: I saw an accident like this last week, if OP had been on roundabout first she would have been the one T-boned.

          Also not reading a communication sent to you to renew insurance is 100% the insureds fault, sorry.

        • wyrmy on 05/08/2017 - 18:23

          @LauralHardy: The T-boned car "came from the left" which if true means they got hit on the drivers side. OPs car would have been travelling much further distance. The only unknown seems to be whether OP was speeding/driving dangerously and managed to cover a much larger distance in a very short time or if the T-boned car entering the roundabout did not slowdown before entering.

        • ExtraSalt on 07/08/2017 - 08:04

          @wyrmy: based on the result of the accident, it's fair to say that OP was speeding into the intersection. For all we know, OP could have ridden her RHS drivers tail as he/she drove straight through the intersection just to break the North/South cycle and change it to a East/West cycle….if that even makes sense at all.

    • Ella44 on 01/08/2017 - 23:12
      +5

      I got out the wreck bleeding, the phone was the last thing on my mind. I keep it in the dash of the door. Police did not interfere with the incident. 2 highway patrols moved in and swore at the towies to get the cars off the road and clean up the mess.

      My phone was still active for 2 days as I rang it a few times. Upon returning the car, the towie said he kept it in a p[private back yard where no one will steal anything, no one could've got in there. he said it either dropped on the floor when I got out our the police took it. he gave himself up. he said cops were acting like (profanity) and had nothing to do with the matter. they never went near my car or ask me any questions. I also noticed some things that belong in the glove box were on the floor. he searched the entire car for valuables.

  • GangGang on 01/08/2017 - 22:36

    Double check that the cover your on doesn't just roll over an continue. I have comprehensive insurance and even though it finished for the year it just continues. Not sure with 3rd party as I've never had it before.

    • Ella44 on 02/08/2017 - 00:18
      +11

      get outa here ya silly goose

    • tommohawk on 02/08/2017 - 15:07
      +6

      Wow. Calling the OP a troll seems unnecessarily cruel. If someone experiences misfortune and they ask for help then, regardless of whether or not it was their own making, I would've thought the decent thing to do is to provide assistance where you can. I'm sure they've learnt their lesson with regards to renewing their policy on time, or whatever it was that caused this mishap.

      To the OP, as have been suggested I would try to contact QBE to see if there's a grace period. If not, seeing as both parties here are uninsured, maybe try to take up that free legal advice that the paramedic directed you to. Hope it things work out OK for you.

  • apple2016 on 01/08/2017 - 22:46
    +2

    Check with QBE if you insurance renewal amount was due on 15 ? Sometimes you might have a couple of week to pay. You will still be covered for this time.

  • minniethemoocher on 01/08/2017 - 23:07

    When I had a policy with AAMI insurance they told me there is a grace period of a few weeks. Maybe pay the overdue insurance notice and if they accept it from the original date of the policy renewal you are covered. If not ask for a refund.

  • AdosHouse on 01/08/2017 - 23:47
    +3

    1. If you were in the roundabout first than you have right of way. All vehicles entering a roundabout must give way to all vehicles already in the roundabout.

    2. Did you call the police at the time of the accident? If no, that was a serious mistake.

    3. Get a doctor checkup about your head, file a claim under his CTP (or whatever in your state) in case the head hit comes back to haunt you at a later date. Don't need to claim money now, but have it on record.

    4. Get legal representation quick, sounds like you will need it.

    5. Try what others have said, talk to QBE and see if they will bat for you. You are not at fault, so they have nothing to lose.

    • Ella44 on 02/08/2017 - 00:17
      +2

      We didn't call the police as I was held up at the hospital till 11am. I slept in the entire next day as my body felt like I was hit by a bus. 2 days after the incident we went to the local police station. A rude lady at the reception said the report should've been done within the first 24 hours. Today we went back, a helpful young officer gave us a name of the officer in charge who's currently away on a holiday. he will be back soon date, officers name and case number were given. Upon his return the case will be investigated.

      Paramedics had given me a business card of a free legal representative if we decide we need to use it.

      No scans to the head had been done so far. I'll wait another 2 days till the stitches must be removed by our gp. I'll organise a scan then and there. I generally feel ok. Taking a lot of rest. Few nerves got pinched in my neck and back. Everything is starting to settle with ease. I've performed a few stretch exercises, and checked that all the disks are in place. Done basic massage therapies on myself which helped a lot.

      Will call up QBE the following morning, as u mentioned I have nothing to lose.

      Ty for all the great responses!

      • bobbified on 02/08/2017 - 09:10

        gave us a name of the officer in charge who's currently away on a holiday

        This should read: gave us a name of the officer in charge who really can't be stuffed dealing with this now!

        • SPCTRE on 03/08/2017 - 16:02

          Agree on this. This is your first mistake asking the police for help on a civil matter easily dealt with by insurance company.
          They will not help you. Prepare to hear excuses like "they are currently out on duty today; they have called in sick today; they have temporally relocated to a different branch ATM; currently not working today etc.
          Seen this happened with a mate car that got reversed into but he had no insurance.
          A witness saw it and left them details of the hit and run.
          Police never got back to him and he ended up fixing it himself

        • bobbified on 03/08/2017 - 16:35

          @SPCTRE:

          The "currently away on holidays" excuse is a very well known one. lol

      • Findo on 02/08/2017 - 12:34

        Now's your chance to see doctors and other healthcare professionals on somebody else's dime

      • JH100 on 03/08/2017 - 19:49

        "Paramedics had given me a business card of a free legal representative if we decide we need to use it."

        Use it … but check first at what point it is no longer free. And as others have said, there should be a period of grace after insurance expires during which you are still covered, even thought you hadn't yet paid for the next year.

      • MrFunSocks on 04/08/2017 - 15:15

        You're supposed to call the police at the scene of the accident if there is more than $2000 (IIRC this is the amount, might have changed though) worth of damage. You definitely made a mistake not calling them and getting them involved.

        • John Kimble on 04/08/2017 - 15:16

          I don't think that is correct. How does a lay person judge the value of damage???

          In NSW I think it's now only of you think drugs or alcohol are involved or there is serious injury.

        • MrFunSocks on 04/08/2017 - 15:49

          @John Kimble: Just doing some reading now and yeah you're right, what I said is probably just an old wives tale or leftover from a while back.
          Here is what QLD police say:

          https://www.police.qld.gov.au/programs/roadSafety/tcfaq.htm#…

          You must stop at the scene and call 000 (triple zero) if there is an emergency or any of the following 'police attendance criteria' are met –

          death or injury (requiring medical attention from a qualified ambulance officer, nurse or doctor),
          a hazardous environment or threat to public safety exists, including traffic congestion (e.g. fuel spill, power lines down).
          If police are required to attend the traffic crash, call 000 (triple zero) and request police. If the Queensland Fire and Emergency Service (QFES) or the Queensland Ambulance Service (QAS) is also required, please telephone 000 (triple zero) immediately.

          You must stop at the scene and call Policelink on 131 444 if any of the following 'police attendance criteria' are met -

          suspected involvement of drugs and/or alcohol,
          a driver fails or has failed or is refusing to provide required details*,
          a driver with an impairment or disability requires police assistance.

        • Name on 04/08/2017 - 20:22
          +2

          @MrFunSocks: nah not an old wives tale, just an outdated law. They decided the police shouldn't get involved in every single crash, took up too much of their valuable time.

    • whooah1979 on 02/08/2017 - 20:27
      -1

      right of way.

      ahh. this old chestnut never fails to come to visit once or twice a month.

      this concept doesn't exist in the rr 2014.

      • AdosHouse on 03/08/2017 - 03:17
        +3

        Well feel free to add something more constructive.

        ROAD RULES 2014 - REG 114

        Giving way when entering or driving in a roundabout
        114 Giving way when entering or driving in a roundabout

        (1) A driver entering a roundabout must give way to:
        (a) any vehicle in the roundabout, and
        (b) a tram that is entering or approaching the roundabout.
        Maximum penalty: 20 penalty units.

        Dictionary
        right of way
        the legal right of a pedestrian, vehicle, or ship to proceed with precedence over others in a particular situation or place.

        You can argue wording all you like, road rules clearly states that all vehicles entering a roundabout must give way to all vehicles already in the roundabout. In this case the dictionary definition matches the scenario where OP has precedence over the vehicle entering the roundabout after himself.

        • Euphemistic on 03/08/2017 - 06:24
          +1

          Yes it is wording, but it is an important concept that many don't understand. There is no right of way, in legal terms, for drivers? There is the legal responsibility to give way.

        • whooah1979 on 03/08/2017 - 19:25
          +2

          You can argue wording all you like, road rules clearly states that all vehicles entering a roundabout must give way to all vehicles already in the roundabout.

          i agree with you that the rr 2014 reg 114 is clear on which party must give way when it comes to roundabouts. all motorists should follow this rule at all times.

          the problem we have in nsw/australia is with those motorists that are unfamiliar or confused with the concept of right-of-way and/or give way. one of the reasons could be that australia has it's fair share of migrants and international visitors that bring their driving experiences here. their road rules may be different to ours.

          right-of-way a.k.a row dates back to the geneva convention of road traffic 1949. see ch 2, art 12. http://www.austlii.edu.au/au/other/dfat/treaties/1955/2.html. australia is a signatory of this treaty. however, australia has excluded annexes 1 and 2. annex 2, which is the most relevant part of the treaty states.

          ANNEX 2
          PRIORITY OF PASSAGE
          1. When any two vehicles are simultaneously approaching a road intersection by roads of which one does not enjoy priority over the other, the vehicle approaching from the left in countries where the direction of traffic is on the right, and from the right in countries where the direction of traffic is on the left, shall yield the right of way to the other vehicle.
          2. The right of priority shall not necessarily apply in the case of tramcars and trains on roads.

          the states and territories has opted to exclude the concept/word right-of-way from their legislations helps reduce confusion.

        • stumo on 03/08/2017 - 19:33
          +2

          Technically, the OP would have been in the roundabout first (assuming all cars were at the speed limit). Simple physics dictates that OP covered more distance inside the roundabout if they hit the perp in their drivers door. Therefore the OP was in the roundabout first, and should have been given way to by the perp.

        • whooah1979 on 03/08/2017 - 19:44

          @stumo:

          we've 3ch dashcams in our vehicle and are looking to install another two to make it 360°.

          something like this would be good, but lacks the ability to record the exterior.
          https://youtu.be/5Brl4AWVeJk

  • Schema on 02/08/2017 - 00:20
    +3

    I had an accident in February.
    I was unaware my insurance ran out in NOVEMBER

    It lapsed over 3 months, I was at fault.

    I contacted my insurance - told them I wasn't aware it lapsed and I'd pay for my policy immediately

    They noted that they admit that they never sent me out a reminder and the letters they sent were RTS

    They spoke to managers etc over a course of a week and called me and said they'll honour my claim if I pay my policy amount

    This was with Toyota Insurance at the time

    My accident was on a roundabout, I entered when someone was coming from my right, it was safe for me to go straight as they were on the inside lane with their blinker on, as I pulled out they changed their mind and I hit their back tyre

    Insurance was provided with my dashcam video - they admitted that what the driver did was wrong, but at the end of the day under any circumstance I must give way to my right, even if they were speeding drunk I'd still be at fault

    They're exact words

    Maybe tell them that you didn't receive any renewal notices and it's something you obviously wouldn't fail to pay for as it's stupid to drive without

    • John Kimble on 02/08/2017 - 13:05
      +3

      "Give way to your right" was replaced by "give way to those already in the roundabout" years ago…

      • wannagrababargain on 03/08/2017 - 11:15
        +2

        If "those already in the roundabout" happen to be to your right then "You should have given way to the right" is not an incorrect statement..

      • Ughhh on 03/08/2017 - 14:12

        If the car on the left has entered the round about, then you can and have enough time to to enter. I think some people (from what I see on roads) wait until there is no cars to enter.

  • garetz on 02/08/2017 - 03:44
    +1

    Its your responsibility to keep your insurance up to date at all times, it doesnt matter if you get your bill late, or never receive it at all.

  • Ughhh on 02/08/2017 - 06:35
    +9

    Is there a chance to renew the insurance as it wasn't our fault we didn't read the email in time?

    Who's fault is it then?

    • [Deactivated] on 06/08/2017 - 09:40

      Lol, isn't it obvious?

  • dasher86 on 02/08/2017 - 08:51

    If you haven't already done so pay you renewal now.
    Most likely you will still be covered.

  • [Deactivated] on 02/08/2017 - 09:06
    +1

    pics or it didnt happen OP

  • chumlee on 02/08/2017 - 09:19

    How long have you had insurance with QBE?

    If it has quite a while and you always pay on time you do have a case that your intention was to renew it as your mum has over the years but no policy reminder was sent and you will now pay the premium.

    There is precedent on this but can't remember the case name.

    • Baysew on 02/08/2017 - 09:43

      OP stated 2 years.

      We have been with QBE for 2 years.

    • JimmyF on 02/08/2017 - 10:26

      Policy reminder was sent

      However, they did send an email, although my mum is aged, she rarely ever use that service.

      companies don't just randomly find peoples email and start sending policy reminders. OP 'mum' requested this.

  • indium on 02/08/2017 - 09:29
    +1

    It doesn't even sound like you were at fault, I'd probably try and lawyer up as it sounds like the costs from this accident could be significant.

  • JimmyF on 02/08/2017 - 10:24

    You have two weeks after the policy expires to pay and still be covered. Sounds like you fell into this period.

    You choose/gave that email address to the insurance company and this is the method you choose for delivery for the renewal. Not their issue you haven't read it.

    So the car's insurance is in your mother's name for cheaper rates hey? Age of the policy owner doesn't change anything.

    Responsibility to keep insurance valid/active is up to the owner, not the insurance company.

    • jv on 05/08/2017 - 00:21
      -1

      You have two weeks after the policy expires to pay and still be covered

      where does it say that in the policy? mine doesn't have that clause…

Login or Join to leave a comment
Login Join