[RESOLVED] Recently Involved in a Car Crash but Uninsured

Hi guys,

I've recently involved in an accident and really need your advice as a way of preparation before things start going unfavorably for me.

Here is a summary:

  • I drove a Audi Q3, which belongs to my friend, who unfortunately did not buy any insurance (Yes I know, right !!!).
  • The other driver, who drove a Holden Cruze, had comprehensive insurance with Eric Insurance.
  • The incident happened at a petrol station where we were both trying to exit on the drive way.
  • Usually I would queue up and exit the station one by one, however, there was a large amount of space on her left hand side and because of the fact that she didn't not put on her signal light + it was possible to turn right from the drive way -> I decided to pull my car to her left, side by side.
  • We both tried to turn left to exit from the drive way -> I stopped immediately after realizing she was turning left on to me. However it was too late and we had a collision on my front right. She had a much heavier damage including 2 left doors, 1 rear left quarter panel & 1 rear bumper.

Luckily I had the full footage of what happened thanks to the kind servo manager - link of the footage - updated to actual speed

Let me know your opinion in this circumstance and comment the reason for your vote. I would also greatly appreciate if any one has experience in this kind of situation can share the possible outcome that I may face.

I have a feeling that this will be a lengthy process going back and forth with their insurer.

Edit: Can now confirm the video was 2x speed. Video duration was 21s but actual footage shows 42s of recording time. That means i waited twice as long, drove half as fast, proceeded with more caution while the other driver had 4s intead of 2s chance to turn left with more chance of checking blindspot but didn’t. Thanks viper8548 for the tip to check the video speed.

Edit 2: Video reposted with actual speed - so for those with faster fingers than brains, I drove at a normal speed, waited 6 secs before proceeding to crawl forward after seeing the other driver proceeded rightward. The video now showed clearly the other driver changed her mind at last sec and hit me while I was stationary (I stopped and she hit me)


UPDATE: Just had a call from the insurer confirming the following:

  • Their client was AT FAULT for not indicating and for not checking blind spot when turning.
  • They believe I did contribute to the accident in certain extent.

They offered Each Bears Own at this stage - however, are willing to consider some small compensation amount after I have my car checked out at their authorised repairer. I did make them confirm their offer because I didn't want them to turn around and settle by 50-50 as the other car's damage costs $8k to fix while mine is probably $2-3k.

I would like to thank those who have judged the situations fairly and given your opinions only based on only the facts - It's been a great help for me to gather up the reasons to stand on my feet against the insurer. For others, who have made stereotype comments based on your prejudice about people driving nice car, people that drives without insurance etc., I hope you know what to do next time, because everyone is DIFFERENT.

Poll Options

  • 510
    I was at fault and will be paying for both cars' damages.
  • 165
    The other driver was at fault and her insurer will cover both cars' damages.
  • 5
    The other driver was at fault and her insurer will cover only her car's damage.
  • 138
    Both drivers were at fault and each driver to pay for their own damage.

Comments

  • +2

    i was in a similar accident and was stung for $15k. you're at the insurance company's mercy unfortunately.

    • How do you pay that much money? All at once or they put on a plan?

  • +2

    I reckon she was wanting to go right but couldn't get a big enough gap so went left, if you look at around the 9 sec mark the white Ute on the street leaves enough space for her to pull into stopped traffic but she doesn't take it.

    Then a last sec change and bang

  • I had someone do that to me before, but the driver on the right decided to go down a lane for opposite traffic to try and turn the same time as me even though its single lane out. Ended up with a scrapped rear bumper and I didn't have insurance. Did a private settlement. I think OP might be in for a battle. Insurance company will probably argue in their best interest since this can be interpreted a few ways. OP should have waited behind other driver vs other driver not showing their true intentions. I think now on in the future I will take more notice of these situations.

  • +1

    OP will have fun over the coming weeks going back and forth with insurance

  • +5

    Black car at fault. Black car initiate the accident by not using turning indicator, poor turning position, poor judgement and not checking blind spot when turning. The black car also initiate the collision into the stationary white car.

    But OP should had driven defensively and not position his car into the white car blind spot.

    • thats the tldr. ive had people cut me off like this on the road at a stop sign. it is against the road rules and dangerous for the reason we saw in this video.

  • +3

    Congratulations for the outcome, I guess it's fair.

    I'm with the "other driver at fault" camp, your only fault is that you drive a tad too fast there and not signaling

    • Add being impatient and sitting in a blind spot.

      • +4

        They didnt mention anything about that. They only said I shouldve lined up behind their client. Dont think sitting in a blind spot is illegal. However, driving without checking blind spot is

        • I didn't say it was illegal.

        • Impatients drivers cause crashes. If u waited none of this would have happened. Defensive driver would have waited. So yes you are partially at some fault.

  • +4

    That's a good outcome for you OP.

    However, if you have agreed that their client is at fault, they should cover your damage.

    Although given you have just dodged a bullet, maybe just accept it in case they review the decision. The worry is that they decide to go to court and you'll be up against an army of lawyers.

    • Good outcome considering I’m uninsired. Given the fact that the insurer can easily offer EBO means had I been insured, the outcome would have been more likely more in my favour.

  • Did they come to this decision with or without the petrol station footage?

    • +2

      With. Their client sent in the footage

  • Good to hear regarding the outcome.

    Since you're not at fault and your idiot friend is uninsured, I wouldn't contribute a cent to that repair.

    If he/she wants a contribution, they can make a claim through their insurer. Lol

    • +2

      I don't have to - but I'm working to have the insurer pays partially towards the cost to repair my friend's vehicle. Yes it is not wise to have his car uninsured - but as as good friend I'm trying to recover as much as possible for him.

      • +2

        A good friend doesn't lie about being insured. If you hit a really expensive car, you could be ruined.

        • +3

          I'm saying myself as a good friend, I'm helping him because he should be paying the costs himself (or partially). Clearly he betrayed my trust in this event, and unlikely to have it ever again !

        • +1

          @justinvu:
          Ah. Good on you.

        • @tshow:

          Or good on vu?

      • If I was in that situation and the car was insured, I would expect to pay the excess amount and insurance covers the rest. In this case, given your friend has been nice enough to loan you their Audi, I would consider doing the same (ie pay the first $600).

        That of course does not take into account the whole stress and risk of this scenario though!

  • +5

    472 wrong to 133 right.

    • +14

      This post should be stickied as a warning for future people hoping to get legal advice from a forum about bargains!

      • Spot on, but if you can stay selective, it can be quite beneficial. If I didn't post here, I wouldn't have been able to gather up my arguments.

      • +2

        @JBean I disagree!

        He asked for opinions and got them. Lots of them.
        That's no doubt helped his argument.

        • +3

          only if you stay selective and thick-skinned though - refer to the numerous judgmental comments - I have actually been emotionally stressed reading them :(. Well I guess that's part of democracy right, everyone can say what they want to say. At the end of the day, you just have to pick and listen to the valuable stuff.

        • +1

          @justinvu: Joke, most people went against you because of the stupid sterotypes and the lack of insurance (for whatever reason). They just smashed the at fault button to externalize their displeasure. It had nothing to do with judging the situation on its own merits.

          I'm glad it turned out this way for you.

        • @lolbbq: thanks dude ;)

    • +17

      I have to say after reading a few question topics here, ozbargain is full of terribly, terribly judgemental sanctimonious arseholes.

      I don't understand how people can be so friendly and helpful sharing bargains, but then such complete jerks on other occasions.

      • +1

        correlation between frugality (or in some cases greed) and a lack of empathy?

      • +1

        I am in the Other Party Fault.

        Yes too many ppl being judgmental here just because he drives an Audi and he drove "too fast" when in reality it was recorded speed x2 mode.

        Dont be stressed reading those negative comments.

      • +1

        Key board warrioring is sooo easy to do on the interwebs.

        • +1

          very much indeed :)

    • Yeah, it was a tough one. Initially I was typing a post out indicating why it was the OP's fault. The PC crashed on me and after thinking about it more and looking at the video again it is the other car's fault as per what I have written before.

      In my view, I think the OP could potentially get the whole thing back* but probably not worth the risk (and potential cost) and maybe it is a lesson in that whenever you borrow someone else's property to be careful with it (or if it costs a lot to make sure it is insured).

      • In terms of getting the whole thing back, I can imagine the other driver getting grilled on the witness stand (insurer probably asked them as well on a likely recorded conversation):
      • so why did you stop in the middle of the exit?
      • why didn't you turn left when the car stopped to let you go?
      • why didn't you indicate earlier?
      • why didn't you check where you were driving
      • why didn't you check your blind spot when you left a large gap (a cyclist/motorbike could have gone there)

      At least the OP has some sort of understandable (and perhaps reasonable) answer for all the things that they did.

  • -3

    Holy crap!

    You are one lucky….

    SETTLE! Lock them in, accept it in writing! DO IT NOW!
    Something is amiss here. Did she admit fault on the night or something? Because if she has and she's told them that in her report, that's the ONLY reason you are getting off with "repair your own damage" mate.

    Don't push hard on this one, you are well ahead already and very very lucky some pencil pusher at the insurance company just wants this sorted.

    I'm in shock, honestly.

    • +1

      She didn't admit fault initially however after the insurer's assessment, she is at fault and will be paying the excess. They admitted that over the phone with me, however like I said, they said the accident could have been avoided had I stayed behind her - so I did contribute in certain extent.

      I thought they were pretty easy so I asked if they are willing to partially compensate me -> they then asked what's the figure I have in mind? I'm contemplating whether I should accept the original offer or ask for some compensation.

      It's not a 50-50 by the way, my damage is probably $3-$4k while their is $8k so it's really 25-75.

      • +1

        Hey, if they are offering why not?
        Get two quotes and forward to them. If they are prepared to go halves on your repair costs, then you are making out like a bandit :).

        Congrats, but don't push. You've done well to get this far!

        • Seconded.

          Ask if they will repair at their cost at their choice of repairer.

        • Defo not pushing here. I’m just asking them as a favour. Whether they give away or not, I’m happy with the outcome. I think my damage would cost just a bit more than the excess had my mate renew the policy. So all good !

      • If she's at fault.. shouldn't her insurance pay for the damage to your car? I mean… you contributed to the accident simply by driving a car that day.

        • In their opinion, I should have stayed behind. They didn’t say it was illegal for me to crawl forward. But that’s the reason for the EBO decision

        • +2

          @justinvu: mate i would kindly insist on full pay. she is at fault.
          or you can get a quote and tell them the full amount and see what they say

        • @TarquinOliverNimrod: If I'm insured that would be a no brainer. But I don't want to extend this stress any longer. I've visited their authorised repairer and obtain a quote, they will come back to me with a consideration of how much they will pay. Even if they say NO, I'll repair it at my own cost, which is not much more than if my mate had renewed the policy.

          Of course, if they cover some, it would be fantastic.

      • +2

        they said the accident could have been avoided had I stayed behind her - so I did contribute in certain extent.

        That's rubbish, you had already stopped. You did not cause the collision, they did.

        If you were insured, your insurance company would have gotten them to pay for all the damage.

        • The fact that they didn't say no when he asked about partial reimbursement tells you everything.

    • Something is amiss here.

      Nope, I told you earlier.

      If you aren't looking in the direction you are driving and hit a stationary car, then it's your fault… Simple.

      I know because someone did it to me years ago.
      I actually pulled out of a stop sign. Are car turning in front of me starting moving towards me but they were looking the other way. I stopped and honked my horn, but the still drove into me. So even though I had a stop sign, their insurance eventually gave in and paid for both cars… I even got my excess back.

  • +3

    lucky guy

    • +2

      He got hit by someone else and has to pay part of his repairs because he drove on the false confidence that the car was insured.

      I'd hardly consider it lucky.

      • +1

        Again, tons of prejudice. Thanks tshow for your just!

        • Thanks for putting on a tshow

  • +1

    Dude.

    Despite a positive result for you when dealing with the insurance company (which I agree with by the way).

    ONLY IDIOTS DO NOT HAVE AT LEAST 3RD PARTY PROPERTY CAR INSURANCE

    (Caps on purpose).

  • +1

    Ever since opening this thread I’m getting advertisements for car insurance left, right and centre…

    • I guess OzBargain has got you covered?

      (But seriously, ozbargain doesn't provide you cover. Dashcam and comprehensive, or sad face).

      • TIME to check your insurance and rego..dont miss the renew
        cost $450 fine for the expired rego and oo if you are not covered lol

    • Except you prob didn't really notice the one on the left, until it was too late.

  • +1

    Thanks for sharing OP, glad it worked out for you.

    • thanks mate :)

  • So happy for you OP! Seems as though the person holding the file is not as ozbargainer given the prejudice and misconceptious statments shown here 😂. Glad you found my suggestions and those of others helpful in your claim

    • thanks mate - your suggestions surely did help ;)

  • +1

    Rather than criticising people for passing judgement, maybe consider not asking for legal advice on a fairly anonymous public forum about bargains. Asking this honestly, but really what outcome did you expect?

    Also, next time check the insurance docs before hopping in the car and probs slow down given it wasn't even your car…

    • A valid first point but the way some users attacked the OP was pretty bad. Ozbargain has become more than just a bargains site and some users have a wealth of knowledge to share.

      BUT Common really!? Who asks to check insurance docs of every car they hop into! Word of advice, should've gone to specsavers as the OP was under no time driving fast!

    • Hi Emoree, good question.

      1. I did expect to not have to pay them.
      2. I hope they will cover me in full (of course), or at least partially.
      3. Realistically, I think their decision to EBO is fair. Although I didn't think I was driving TOO FAST, I believe the accident could have been avoided if I followed the common perception that exiting a petrol station's drive way should be in a line of one car by another. My conscience tells me that I somewhat contributed to the incident. We all make mistake - let's move on from here. Lesson learnt!

      Like ahly92 said, I trusted my mate and didn't check the docs (which many would have done the same) when he said he bought the insurance. It's an oversight. I guess, sometimes, shit happens !

    • -1

      Classic, blame the recipient for the bad behaviour of others.

  • -1

    OP One last suggestion.

    You've done well to get them to admit fault. However you stated they trying to get out of covering your repairs (that's what they are trained to do, minimize their losses). Here's what I would do:

    1. Not agree to anything as of yet. Acknowledge that you agree that the other driver was at fault.

    2. Try and get in writting that the Insurance agrees the other driver was at fault.

    Obviously don't just tell that straight away as they prob wont but maybe after a nice conversation with the Insurance rep to ask for them to send you a copy of the Insurance claim and what happened. Tell them you need it to give it to your employee as proof you were involved in an accident so you can get a day off work to get quotes for the repair.

    If the transcript sent to you does not state that the other party was at fault, call up again and tell them you risk not being payed if it does not state that the other party was at fault. Hopefully that convinces them.

    1. Now you've got written confirmation from the Insurance stating the other party was at fault for the accident. You can either go ahead and get some quotes and send it to them asking for full payment of repair. If they refuse, tell them you have written confirmation from them that you are not at fault and will take this to courts etc.(Basically that ball is in your court now!)

    Keep me updated :)

    • I don't think they will write a letter confirming their client was at fault and I WAS NOT. They will say something like: "both drivers contributed to the incident" and the decision is EBO.

      I've asked them to consider making some partial compensation to my car. I just got an estimate from their authorised repairer - it will cost around $4k and $2k if done privately (obviously not new parts).

      So if they turn around and say No extra payment -> I'll repair in at my own cost ($2k or less if I can find a cheaper place)
      If they decide to pay half, then go ahead.

      Some people may say, My mate should be covering the cost of the repair. But I think had he purchased the policy, I would have to pay for the excess which could be $1.5k+ anyway. So paying $2k is not too bad.

      • +1

        If it is the other's fault, even if your friend was insured you wouldn't need to pay a cent.

        Which is why trying to get them to pay all isn't a bad idea.

        But like I said earlier, if you're still convinced they could change their tune then just accept and move on. If the idea of paying 2k for repairs doesn't faze you then go for it.

        • I honestly think I could have done better so if i had to pay, it’s a lesson for me. I know if my friend was insured i would push hard in this case to not have to pay the excess.

          So yea, getting them to cover a small bit is all im trying to do hehe

  • hey Justin, don't accept the each bear own offer. I believe the other car is majority at fault, if that's the case the insurer should be able to fix your friends car without any cost to you.
    Please refer to the following road law:
    27 Starting a left turn from a road (except a multi-lane
    road)
    (1) A driver turning left at an intersection from a road
    (except a multi-lane road) must approach and
    enter the intersection from as near as practicable
    to the far left side of the road.

    • I'm confused. Would you mind taking the time to explain how this section applies to the circumstances?

      • this is road-related area, not road - so this may not work :). But thanks for putting this up.

        • I understand your exiting into the road, but we still use road laws such as this as a guidelines to driving.
          I personally still think you can push it in your favour when apportioning blame, but it's up to you. This is coming from previous experience in a job i did =)

  • I didn't want them to turn around and settle by 50-50 as the other car's damage costs $8k to fix while mine is probably $2-3k.

    The Audi will probably cost more than a Cruze.

    • The Cruze got damages on 2 doors, 1 quarter panel and 1 rear bar -> definitely cost more than the Audi :)

  • this went from "Friend" to mine :-O

  • +8

    It seems the insurance company is being more than reasonable which seems to suggest something is wrong.

    • Exactamondo. Something is definitely amiss, because insurers NEVER buckle like this when the legislation is very clear.

      • +1

        will send through the written confirmation once I received it. However, the call was recorded so I don't think they are brave enough to flip it :D

        • +2

          You've misinterpreted my meaning, I'm not suggesting you're lying. If I thought you were full of crap I wouldn't have spent so much time in this thread :). What I meant was is that I reckon something else is going on behind the scenes that you aren't aware of, and its very clearly not because you have the legal upper hand.

        • @UFO: ah i see. Although not really interested to know hehe

        • +1

          @UFO: they know other driver is at fault but saved thousands by partially refunding

        • +1

          @TarquinOliverNimrod: yes to this. That is my suspicion too.
          Though if I had done what the OP had done I would have also thought I was partially to blame.

      • NEVER buckle like this when the legislation is very clear.

        It's very clear that you should look where you are driving and not hit stationary cars.

  • +4

    587 votes were incorrect.

    144 were correct

    Says a lot about the lack of knowledge here.

    • now you know what to do next time;)

    • Correction. 144 were also incorrect. 107 were correct or is it the 2? I'm not sure. Ha

    • +1

      from my view it's other party fault, Not checking the blind spot before turning regardless of OP impatient. What if there was a person/bicycle and not a car.surely, everyone will blame another car for not checking the blind spot.

      • -2

        I can tell you one thing. If the black Cruze was a blue WRX fully modified with gold wheels and big fat 4" canon exhaust, the one says I'm at fault will overturn their decision ;)

        • -1

          In your dreams, mate. What I've seen is that most sports car drivers are also extremely careful, and extremely good drivers. On the other hand, most muppets causing accidents are the ones driving automatic, soccer mom type cars and have no idea about most road rules or what to do in a roundabout.

        • @CocaKoala: but are those sport cars highly modified drivers being labelled hoon as per the media and “common public perception” ??

        • @justinvu: Common public perception and "media" would also think that someone driving an expensive suv would know how to properly merge, or at least if they don't, that they'd have that vehicle insured. Sure, there are those hoon drivers, but not all of these perceptions are meaningful at all times.

        • @CocaKoala: if the common perceptions for those “hoon” sport, highly modified vehicles are not all meaningful ar all times, why would those perceptions for ppl driving expensive suv be meaningful at all?

          Mind u, i used to drive modified vehcile and was pulled over every single time a cop sees me even though i did nothing wrong.

        • @justinvu: My point was simple - you cannot blanket blame an entire group. I was also pointing out that not everyone driving a so called purported to be "safe car" like some volvo suv is a good driver. I wasn't telling that they won't be pulled over, or there's no perception, but was pointing out that perceptions need not be correct. Did the cop fine you for something every time pulling you over while you were driving a modified car?

    • 586 people and I, have learnt that you can can quite easily become liable for other people's uh… not very good… driving, if you are not highly aware of your surroundings (as you should be).

      I think that's quite a valuable lesson we take from this and we are all a little wiser.

    • I wonder how many people remember the thread I put up, and the number of recommendations I got for roof racks on a Mazda MX5.

      Yes, there's lots of clueless keyboard warriors here that's more than happy to spew their cluelessness without even reading the whole post (in my thread at least)

  • Thanks for letting us know what happened. Did you read my earlier comment speculating about whether you could get the insurance company to extend the policy on compassionate grounds? Hope you friend gets better soon. Bills and other things are hard to keep track of when you are ill.

    • +2

      I did, although the policy expired 2 months ago so no chance of leniency here.

      Also, my mate was aware of the expired policy and he deliberately did not renew. I know he recently got a $50k expense that exhausted his cash reserve. Yes he lied to me and put me in a position where it could get a lot worse. But I just feel blessed that the outcome is acceptable in the end.

      Friendship is ruined however !

      • Thanks for getting back to me.

  • +2

    Mate, you got off lucky with their insurance. Just know that there are "legal" maneuvers which is why you might not be 100% at fault at the end of this but at the end of the day the maneuver you pulled was outright dangerous. It's bad form to sneak up on other motorists on the left and in their blind spot.

    If this was on a road without dedicated lanes and the car in front is not turning right, overtaking on the left is 100% illegal.

    Drive smart. I would highly recommend a defensive driving course. I did one and it is well worth it and helps you prepare for and predict hazards which you previously wouldn't have predicted.

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