Car Accident - Help Please (Third Party Property Insurance)

[Deactivated] on 23/10/2017 - 22:04
Last edited 27/10/2017 - 09:01 by 1 other user

Hi all,

Just wanted to ask your advice on what I should do.

Here's the story. (Excuse my grammar)
I was at a set of lights waiting to turn right into a road. It was raining, so the roads were very wet.
There was a ute in front of me that had enough space to turn into the street.. however, I decided to wait till the light turns green.
2 cars were approaching slowly on the other side of the road (they were on the inner lane) but I never turn until the light goes green for atleast 3-5 seconds.
The cars came to a complete stop and the light turned green for me to turn.. I slowly turned and had just entered the intersection.. When a car on the other lane sped right into me. (Running the red light) Hitting my car head on and having me spin 360.

I quickly got out of the car and went to the P plate driver to ask if she was okay. She said she was fine but was in shock as I was. The second driver in the inner lane, pulled over immediately and ran to us, Asking if we were okay. We both went to the side of the road and turned off our cars because it started to smoke. I asked the P plate driver why did she run the red light and she had said it just turned orange and she lost control in the rain. I was in shock/disbelief but she had admitted it was her fault and apologised over and over.

She asked me to not contact the police or anyone but to exchange details and go. The witness told me to call 000 to report it and to get a tow truck driver out as we were on a main road. After calling 000 the witness pulled me to the side and said 100% she had run the red light. He doesn't understand why she had done so.. but couldn't say it infront of her as she was already upset. He gave me his business card as a witness.
A few other drives came out of no where (weren't at the scene of the accident when it happened) and decided to move her car and saying it was my fault when I should have given her way. The girl told them it her fault as she had lost control at the orange light.

Moving forward, I called my insurance that night to see if she had lodged a claim and was told she has and admitted to the fault. She lost control in the rain.

I haven't heard anything from my insurance all day so I decided to call myself to get an update. They had told me she decided to change her story, saying I had turned when she was meant to have way as the lights just turned orange. She said she told the other version because she was still in shock (2hrs after the accident).

My insurance company has said they will get statements and call me back with a decision.

I have only 3rd party insurance and now i'm super stressed. My insurance has said It seems like it could my fault as i was the one turning not her.

What can I do? Any help of advice would be greatly appreciated!

UPDATE: Hi all,
Really appreciate all the help! Just received a phone call from my insurance. They will be putting the other girl liable for the accident.
Massive relief. Got full insurance and a dash cam already for my next car haha. Thanks again all!

Automotive

Comments

  • TheBilly on 23/10/2017 - 22:09

    Contact your witness and ask if he can make a statement stating she ran the red. Check if there is a traffic camera at the lights or even a red light camera.

    • [Deactivated] on 23/10/2017 - 22:14

      Yes, I have contact him.
      He said he had just stopped at the lights because they had just turned red. When on the corner of his eye, he saw this white car speed right pass him going through the red. He didn't see the collision (because the first car at the lights was blocking his view) but he knew right away she would have hit someone as she was driving fast as well. I asked him if I was able to pass his details onto my insurance and he said yes.

      Will having a witness override the other drivers statement? Especially after she has called them back and told them a different story now?

      • bargainswarrior03 on 24/10/2017 - 11:06

        I would ask him to focus his story on seeing a car (the p plater) run the red light (as he was in the lane over). When he got out of the car, he realised the p car hit you.

        Same gist as what you were saying, but provides more definitive answers.

  • airzone on 23/10/2017 - 22:16
    +2

    When you get your car fixed, buy a dash cam

    • [Deactivated] on 23/10/2017 - 22:17

      The car is a complete write off now.. but yes I have bought a dash cam now haha

      • airzone on 23/10/2017 - 22:19

        If it saves you once from a he-says-she-says incident, it's paid back 5 - 10 times over. Mine saved me a few hundred bucks and a few points off my license when I crossed paths with an over zealous cop.

  • TheBilly on 23/10/2017 - 22:19
    +1

    Potentially - I can't say though but a witness does help - his story might even be better because he was behind another car and she came from behind him aka the light was so red even a car in front of him stopped.

    I had a friend who was hit badly not at fault. Same thing, girl changed the story to blame on him. In his situation though, he had witnesses and spoke to the girl/family directly and told them that he had multiple witnesses and will pursue this through the courts, they got scared and it made her change her story back to original admitting at fault.

    Not saying do this, but his situation was different.

    • [Deactivated] on 23/10/2017 - 22:29

      I have another witness who was on the road I wanted to turn into, however.. she didn't see what the lights were but saw the collision. I have passed her details as well.

      Thanks for the advice!

      I might have to look into contacting her and going to court if the insurance company believes her side of the story..

  • SPCTRE on 23/10/2017 - 22:37

    TBH be prepared for a long drawn out fight over this. From your story it seems like you have a witness that on your side but you wrote "A few other drives came out of no where (weren't at the scene of the accident when it happened) and decided to move her car and saying it was my fault when I should have given her way."
    If "these" people become witnesses for her, then it's going to be a battle of "Her words against yours, Her witness words against your witness".
    What your insurance company has said is true. Without solid evidence they will assuming you pulled out in front assuming she has witnesses to testify for her.
    Maybe suss out the neighborhood for CCTV cameras. Really hope it works out for you and I cannot stress how important it is to have a dashcam.

    • [Deactivated] on 23/10/2017 - 22:44

      I've walked around the area and checked if there has been any CCTV footage. However, there isn't any unfortunately.

      The 2 witnesses I have pulled over straight way when it had happened and stayed with us for around 10 minutes.

      When they both gave me their details and left.. That's when the guy came a few minutes later and went straight to her and said 'Are you okay sister?' I asked if he was her family and he just looked at me without a reply.. Then (i'm assuming) his mates showed up because they were standing around smoking and having a laugh/chat

      • SPCTRE on 23/10/2017 - 23:02

        You should tell your insurance company this. They may investigate her witnesses if they end up in a stalemate between contradicting witness statements.
        I got a feeling they will be using mates to be her witness.

        • [Deactivated] on 23/10/2017 - 23:03

          Thanks for your advice! I will call them now.

        • [Deactivated] on 25/10/2017 - 20:56

          Spoke to NRMA today. They said they are still waiting for witnesses statements to come in to determine who is at fault.. I told them there were only 2 witnesses at the scene (both submitted already) and they said they have to wait for it all. I'm assuming she has now used her mates. Smh

    • [Deactivated] on 24/10/2017 - 00:32
      -3

      The right of way lives on!!!

      This lady was just a hard working cobba downtrodden on her luck. Just an honest person who is exploiting our lenient society to get ahead.

  • bobbified on 24/10/2017 - 00:11

    Right now, you need to get a signed statement from your witness that describes their version of events. You can do this by either speaking to them yourself or providing their details to the insurance company.

    For next time (and everyone else):
    Whenever a person who is at fault on an accident admits fault, never trust it!! Never let your guard down - always do your due diligence by taking pictures of the positioning of the vehicles and gather the details of as many independent witnesses (witnesses that you didn't know before the accident) as you can to back up your story. Independent witness statements hold much more weight than statements from passengers in your car.

    I've seen too many people change their version of events when it comes time to lodge an insurance claim. Often, it's friends or family members of the person who's at fault that will try to influence the story.

    • [Deactivated] on 24/10/2017 - 00:51
      +1

      This. Write down a version of events. Get it signed by yourself, the other driver and a witness. All 3 signatures, dated, full names with license numbers etc; with contact info. Do this at the time of the accident. Immediately etc.

      This is the only thing which will help you.

  • Bluberry on 24/10/2017 - 01:03
    +2

    First, here is the obligatory THIS IS WHY YOU SHOULD ALWAYS GET COMPREHENSIVE CAR INSURANCE statement.

    Second, here is the mandatory ALWAYS CALL THE COPS FOR SERIOUS ACCIDENTS and ALWAYS LODGE A POLICE COMPLAINT to protect yourself (even if the cops dont give a shit ) statement.

    lastly (and sadley) here is the YOU ARE SCREWED statement because well..you are screwed.

    • CMH on 24/10/2017 - 01:08
      +3

      And as above: dashcam.

      Dashcam

      Dashcam

      And if 3 times wasn't enough, here's a 4th:

      Dashcam.

      • Bluberry on 24/10/2017 - 01:09

        Yup DASHCAM unless if you have COMPREHENSIVE INSURANCE because well…why bother with a dashcam when you are fully covered anyway.

        • CMH on 24/10/2017 - 01:19
          +2

          Because they might be at fault, and claiming they are not, and it defaults to you being at fault.

          As it is in OP's post.

        • Bluberry on 24/10/2017 - 01:32

          @CMH: fair point

    • try2bhelpful on 24/10/2017 - 08:38

      Comprehensive insurance might be prohibitive compared to the insured value. If you can afford to replace the car yourself then it might not be the best option. The only issue I have with the dashboard camera is it means you might have proof of your guilt, if you caused the accident. The dashboard camera might not help if the person who caused the accident speeds away and then claims there car was stolen; that actually happened to us and the cops could do nothing about it.. does anyone know if dashcams actually show the driver clearly enough?

      I agree with calling the cops and ensuring your witness makes a statement and telling your insurance company about her witnesses might not be independent.

      I think third party property insurance should be compulsory to avoid this mess.

  • jerjergege on 24/10/2017 - 09:21

    Contact your witness, you should have called the police so they have a report of that night.

    • [Deactivated] on 24/10/2017 - 09:55

      I did call the police, however nobody was hurt enough for them to come out they said

      • jerjergege on 24/10/2017 - 09:58
        +1

        Then call them back and get an incident report of her running the red light, you have a witness to testify.

        Good luck!

  • Ryanek on 24/10/2017 - 09:35
    +1

    Give your statement, witness details and let insurance handle it. It is now out of your control.

  • El Draino on 24/10/2017 - 10:27

    take it to court - you will win

    • [Deactivated] on 24/10/2017 - 10:45

      Yes, I will have to see what my insurance says before taking it further. Do you know they will take into account she has called back the next day and changing her story? Even though she has admitted fault initially. (Running the light and loosing control)

  • Baysew on 24/10/2017 - 10:42

    My insurance has said It seems like it could my fault as i was the one turning not her.

    You insurance will cover the cost of repairs to the other person's car.

    • [Deactivated] on 24/10/2017 - 10:44

      Yes, however, she was the one who ran a red light and lost control. She initially has told our insurance that when she called.. but called back the next day and changed her story

      • bargainswarrior03 on 24/10/2017 - 11:08

        It already sounds bad on her part that she has changed stories to your insurer.

        • [Deactivated] on 25/10/2017 - 20:54

          Spoke to NRMA. I asked about her changing her story. They said 'It doesn't matter what she has said. We will take into account your statement and her current statement. Along with your witnesses and determine who is liable'. I couldn't believe it.

  • lainey13 on 25/10/2017 - 17:13

    Always record on your phone as soon as you get out of the car!! This would also help as evidence of admission.

    • [Deactivated] on 25/10/2017 - 20:52

      Yes, I wished I did. I was shaken and in shock at the time

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