[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

  • +1

    Haha well done.

  • +4

    I signed up to have my 2 cents worth. I can't believe how many people are saying the Audi is at fault. The other car looks like its going to turn bloody right! Heck, I would've done the same as the Audi. Other driver has no care for others on the road that's for sure!

    • -5

      The Audi is at fault. You don't drive up beside a car because you don't know where it's going. Unless there are two lanes, you drive behind another car which you're not certain is going a certain direction.

      Not rocket science. Both drivers here are idiots, they both should suffer badly.

      • +1

        they both should suffer badly

        They're traffic violations/acts of negligence, not child rape.

        • You don't just suffer from child rape.

  • At service stations it is normal to have multiple cars exiting in the manner as described.

    This is why the judgement was given in favour of the OP.

    If this was in full daylight, you guys would probably have the same opinion.

  • Let's see if they give you any money.

    Saying both parties are at fault is the method insurance companies get both parties to pay for excess to their insurance and each only repair 1 car.

    Good luck getting money out of insurance companies. They're 1cm above banks on the ethical meter

    • Not sure why you got negged, I think a quite reasonable comment. Sounds like the insurance company is trying to get out of paying for OPs repairs. They are notorious for offering a very low $$ value to see if you bite. Stick to your guns, they have said the other driver is at fault. They (insurance) should pay for your repairs.

      • Agree - if the insurance company felt confident their client wasn't at fault no way would they accept each bearing own costs.

        If OP was insured and the other party not, OP's insurance company would be saying our client was stationary and you hit them - you are 100% to blame.

        All this said, the mathematics offered by @strangeloops66 above are probably worth keeping in mind - the damage cost differential if apportioning costs makes each bearing own costs tempting

      • -1

        I negged because the following does not apply in this case as the OP does not have insurance, therefore cannot pay excess:

        Saying both parties are at fault is the method insurance companies get both parties to pay for excess to their insurance and each only repair 1 car.

        How is it reasonable? Is it even true/legal? Where is the source/stats?

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