Got into a Car Accident with The Local Council

LHungLAH on 08/06/2018 - 16:53
Last edited 08/06/2018 - 18:28 by 1 other user

I was driving in a single lane two way street and was getting close to the end of the street (T intersection) looking to turn left. There was a car illegally parked in front of me before the intersection which is in a no standing zone. Therefore in order for me to continue driving, I had to go around the illegally parked car.

As my car was side by side with the stationary, the driver in the car who didn't even indicate, pulled out and his front bumper scraped my car majorly across both passenger side doors.

He got out of the car aggressively accusing me of being at fault for trying to overtake him, when it should be him that failed to give way since he was parked. Only after talking to several witnesses that I was informed he is a parking inspector for the local council who illegally parked his car (the car had no signs stating it was a council car) to write someone a ticket just before the collision.

We exchanged details yet he still denies fault and wants me to be responsible for his damages probably because he was parked illegally and didn't want his boss to find out.

I only have third party insurance (old car) but still called my insurance to make a report of it but there's not much else they can do. I'm going to get a few quotes for the repairs and send a letter of demand along with witness statements to the local council. Is there anything else I can do?

Drew up a quick 3 frame diagram in paint. https://i.imgur.com/UwbrS7y.jpg

1st Frame - Approaching the illegally parked car
2nd Frame - Attempt to go around said car to keep driving
3rd Frame - Suddenly pulls out while i was merging back.

Hopefully this clears up any confusion. He was parked approximately 3-4 meters before the intersection.

Automotive

Comments

  • [Deactivated] on 08/06/2018 - 17:02
    +39

    Make sure you have contact details of the witnesses. It's going to get ugly.

    • HungLAH on 08/06/2018 - 17:35
      +14

      I grabbed the details of a witness and she was with her sister in law. Just asked them both to email me a statement and will send it along with the letter of demand.

  • mbck on 08/06/2018 - 17:05
    +39

    I'm rooting for you op.

    • [Deactivated] on 08/06/2018 - 17:49
      -5

      for you

      Emphasised that part incase anyone else speed read the same way I did. :P

      Edit - too late, someone else already did.

    • Euphemistic on 08/06/2018 - 17:49
      +1

      This early in the evening?

  • Iangh on 08/06/2018 - 17:11
    +28

    As you portray it he is at fault big time. He didn't look before pulling out and hit you. It's pretty obvious if there are are scratches along both doors. Doesn't matter what he is, he didn't pay due care. I would ring Council and speak to whoever deals with car insurance, explain what happened and ask what's
    the process. Any hassle, contact your local councillor. If you get fed-up, go to the local paper. If they definitely don't want to play ball, you have evidence and witnesses to take it further. I suspect a call to an appropriate council official will see this solved pronto.

    • Musing Outloud on 10/06/2018 - 13:02
      +15

      Ha ha.

      Council parking inspector illegally parks, pulls out of illegal parking position without giving way.

      Blames everyone but himself, even with witnesses!

      Priceless.

    • DeepHorizon on 20/06/2018 - 12:45

      Yea definitely speak to the council.
      My wife was taken out by a DHHS van about 18 months ago.
      The other driver didn't give way at an intersection as she should have and wrote off my car.
      I spoke to their insurance who arranged a hire car for me for 3-4 weeks while the car was being assessed and the payout issued

  • whooah1979 on 08/06/2018 - 17:15
    +1

    he is a parking inspector for the local council who illegally parked

    it may look like the vehicle is illegally parked, but in reality legally parked with a parking exemption.

    • HungLAH on 08/06/2018 - 17:32
      +5

      Yeah this is what my thoughts are too after finding out he was an inspector. However the car had no indication it was a council car and he was stationary and parked so he had to give way regardless.

      • SlickMick on 09/06/2018 - 12:03
        +4

        If I understand correctly, it makes no difference whether he was parked legally or illegally - your case is that he didn't give way to you.
        It's just that he might also get a couple of fines on top of repair bills for illegally parking and failing to indicate as well as failing to give way.

        • whooah1979 on 09/06/2018 - 12:14
          +1

          was the vehicle parked or stationary?

        • SlickMick on 09/06/2018 - 12:38

          @whooah1979:
          I'm not the right person to answer, but at the time of accident it was neither: it ran into OP's car which was also moving.

        • Splashtash on 10/06/2018 - 13:08

          But isnt the law if your illegally parked regardless of who you are that you must have a good reason of intent "and" have your hazzard lights on? common sense to me…fkers who dont indicate…

        • HeWhoKnows on 13/06/2018 - 08:11

          @SlickMick: Thats what OP says.
          The ranger begs to differ

    • Diji1 on 08/06/2018 - 20:13

      I wonder if he parks on the footpath like the police do.

  • specks on 08/06/2018 - 17:15
    +1

    any dashcam footage?

    • follow on 08/06/2018 - 17:31

      next time

    • HungLAH on 08/06/2018 - 17:33

      Unfortunately no. Time for me to invest in one though.

      • tsunamisurfer on 08/06/2018 - 18:05
        +11

        Won't that double the value of your car?

        • woteva on 09/06/2018 - 14:25
          +4

          Triple the value with a full tank of petrol.

        • Kangal on 11/06/2018 - 08:15
          +1

          @woteva:
          Let's not forget the microSD card and the new Car Scent that's swinging on the mirror.

  • Randxyz123 on 08/06/2018 - 17:32
    +3

    Council staff are exempt from parking restrictions but not road rules (Also they don’t need signage on cars)

    You’re doing the right thing. Send the letter of demand by registered post so they can’t claim they didn’t get it.

    Send it first thing Monday (or Tuesday if you have Monday off).

    Give them 5 days from when the letter arrives to following them up.

    • Euphemistic on 08/06/2018 - 17:53
      +10

      No. Council staff are not exempt from parking rules. Fact: several of our local council vehicles have been booked for parking illegally by their own rangers.

      There may be some exemptions for work vehicles parking, but they will need to display at least flashing lights, and possibly ‘workmen ahead’ type signage.

  • [Deactivated] on 08/06/2018 - 17:36
    +11

    Can you please draw a diagram in paint. Without that I cannot offer correct advice.

    • Yummy on 08/06/2018 - 18:02

      … 2 hours later…

    • HungLAH on 08/06/2018 - 18:29
      +3

      Drew up a quick 3 frame diagram in paint. https://i.imgur.com/UwbrS7y.jpg

      1st Frame - Approaching the illegally parked car
      2nd Frame - Attempt to go around said car to keep driving
      3rd Frame - Suddenly pulls out while i was merging back.

      Hopefully this clears up any confusion. He was parked approximately 3-4 meters before the intersection.

      • [Deactivated] on 08/06/2018 - 18:42
        -6

        I assume that is a continuous centre line as per your diagram?

        In Victoria it is illegal to cross a continuous white line to overtake

        You potentially broke the law in frame 2

        Paint saves the day again

        • HungLAH on 08/06/2018 - 18:47
          +1

          Yes. His argument was that I had illegally tried to overtake him and claims he wasnt parked when I have eye witnesses stating otherwise.

          So if you were me in this situation, how would you get pass the car? Or would you wait for the driver to get back in the car and drive off before continuing on?

        • HungLAH on 08/06/2018 - 18:50
          +5

          @TightBottom:

          The lane is narrow. Does not have room for 2 cars to fit on the same lane.

        • HungLAH on 08/06/2018 - 19:05
          +6

          @TightBottom:

          Yeah which leads me to a question.

          What would be the legal procedure when someone is parked illegally before the intersection blocking you from moving forward?

          Should we stay and wait for them to return before driving off?

          Should we report it to the council and wait for them to tow the car before driving off?

        • rompastompa on 08/06/2018 - 20:37

          @HungLAH:

          Could you see that there was a driver in the car? If so, you should have sat behind them tooting your horn and waving your hands erratically in the air.

        • terrys on 09/06/2018 - 08:30

          In South Australia, there is leeway when it is unavaoidable, e.g., one must cross such a line to give the 1 meter clearance to cyclists.
          Still, probably like you, I am not a lawyer.

        • jjjaar on 09/06/2018 - 10:03

          In Victoria it is illegal to cross a continuous white line to overtake

          It’s also illegal to park opposite a continuous white line.

    • [Deactivated] on 09/06/2018 - 09:46
      +3

      You can cross a solid white line to get around an obstruction….which is what an illegally parked car is.

      • whooah1979 on 09/06/2018 - 10:02

        illegally parked car

        An illegally parked vehicle is a matter of opinion unless one can provide evidence to support that it isn’t.

        • MrTweek on 10/06/2018 - 12:50
          +2

          If it prevents you from driving in your lane, it's an obsctruction

  • CMH on 08/06/2018 - 18:50

    Dashcam would have easily made this a non-issue.

  • jsediv on 08/06/2018 - 18:59
    +1

    Sounds like extremely bad timing. Sounds like they're in the wrong though

  • 87percent on 08/06/2018 - 21:06
    -2

    Be prepared for the local council to stalk your car and bust you for anything and everything!

    • Kangal on 11/06/2018 - 08:18

      Not if you keep it in a DynoCap !!

  • haimrevolution on 09/06/2018 - 08:02
    -1

    Unfortunately OP regardless you will get the blame for it. My wife was in a similar incident except she was legally parked and there was a car waiting to park behind her spot. She pulled out and another driver went over a double line around them and piled straight into her. Once you break the law it becomes your fault as even if he does have due care it can be argued that there is no way he could predict an illegal road act. The biggest question I have is did you know he was in the car? Or was he outside and got in? Either way I would have tooted the crap out of him. I do agree that he should have looked especially stopping in a no stopping and being a parking inspector but they are probably going to make it both your faults and each pay their own.

    • SlickMick on 09/06/2018 - 12:09

      I was turning right and got t-boned by a car illegally overtaking the car that had given me space to come out. I was found at fault for not giving way to a car illegally overtaking across a solid line. Apparently (in SA), his crime is a separate matter but I was still negligent to have not given way to him!!??

      • serpserpserp on 10/06/2018 - 15:58

        You mean the car came around from behind him? You should still be giving way to on coming traffic no matter where it is coming from.

        • SlickMick on 10/06/2018 - 18:06

          I think this is going to need a diagram too :)
          I'm on side street wanting to turn right. Traffic on single-lane main road is stopped at traffic lights, but leave room for me to come out. So I'm sitting perpendicular across road, checking that nothing is coming the other way (my left). A car that should be sitting in the traffic waiting for the lights, decides he's going to overtake all the traffic waiting (probably planning on getting to turning lane at the lights), but didn't count on me being in his road.

          So the traffic on my left granted me right of way because they were queued, and I waited till nothing coming on my left. Just didn't expect someone to come from my left on the wrong side of the road.

          Too hard to explain??

    • doheedo on 10/06/2018 - 08:32
      +1

      it can be argued that there is no way he could predict an illegal road act

      Head check? Amazing how many people lack this basic "skill" considering it's an instant fail on a driving test.

      • haimrevolution on 15/07/2018 - 09:29

        That’s like saying you should expect a car to go through red lights at every intersection

  • jhmtaylor on 09/06/2018 - 09:21
    +4

    If he denies being parked, the ticket he wrote out will prove otherwise.

    Also whilst they exempt from being fined there is a greater onus on them to enter the traffic flow safely. It is same with the cops ignoring traffic indicators when performing their tasks. If they have a collision at traffic lights with sirens and flashing lights on, they always pay up.

    • whooah1979 on 09/06/2018 - 09:36

      If he denies being parked, the ticket he wrote out will prove otherwise.

      Many councils in nsw now deploy council rangers with cameras or dashcams. The rangers doesn’t have park their vehicles to issue penalty infringements. Those with dashcams may record parking offences while they drive pass a vehicle.

      • [Deactivated] on 09/06/2018 - 09:51

        But he was stopped, so most likely it was to issue a fine

  • ozzpete on 09/06/2018 - 09:30
    +1

    You have 3rd party property damage insurance ?
    most insurance companies will help you if other party is at fault (as long as you have 3rd party property cover) . The insurance company of course will then chase up the at fault party to get money back.
    I checked with my 3rd party property damage insurer a while back (GIO) and they told me they will pay out up to $5,000 for damage to my vehicle where the other party was at fault.
    call back your insurance company, and tell them clearly the other party was at fault
    Ask them if they have some coverage for when other party is at fault, and you have 3rd party property damage cover.
    If you only have compulsory insurance (for injury to 3rd party), they will do nothing though.

    • HungLAH on 09/06/2018 - 13:38

      Unfortunately AAMI only covers me if the party at fault is uninsured. He said he had "council insurance".

      • ozzpete on 09/06/2018 - 18:52

        You could always go talk to the mayor or something, as last resort, if it remains unresolved.
        It wouldn't be my first point of contact… However if the lower level council workers are siding with their workmate (which is likely) then go higher up to counciler, to whom its more important to keep your vote, rather than siding with the parking ticket guy.

        • Euphemistic on 09/06/2018 - 21:54

          Depending on the size of the council the insurance officer will be quite separate to anyone Working in the field. Contact the insurance officer only.

      • Charity on 10/06/2018 - 21:43

        "Council insurance" sounds like no insurance. Nothing weird about it though, as many big corporations "self-insure" i.e. no insurance, as they can afford losses which are not substantial to them.

        • Euphemistic on 12/06/2018 - 11:32

          They also often self insure up to a nominal value, like $30k. By covering those insurance items out of operating budgets they can significantly reduce insurance premiums. It’s just like when you opt to pay a bigger excess on your own are self insuring for any value less than the excess.

      • Cartman2530 on 11/06/2018 - 10:41

        "Council insurance" sounds like "taxpayer insurance" to me. We are going to pay for his mistake.

        • whooah1979 on 15/06/2018 - 05:52

          We are going to pay for his mistake.

          This happened in Melbourne. The registered property owners in that council is paying for it.

  • pegaxs on 09/06/2018 - 09:34
    +3

    Any google earth/maps photos? Links to Street View? I like these “road rules” questions, but if no dash cam footage, can we at least know the intersection you are talking about?

  • YourITLink on 09/06/2018 - 10:13
    -1

    If the parking officer was actually a parking officer how is it that you didn't realise this at the time? Parking officers are not plain clothes and as such they wear a uniform, if on duty a part of that uniform is a high vis vest as required by WHS laws.
    I would be asking if he was a parking officer and on duty and therefore "allowed" to illegally stop, why was he not conforming to council and govt WHS regulations.
    The other side of your case should also be on the illegal stopping, sure he may be permitted to stop illegally but he still has a duty of care and as such safety comes first, don't think you can't challenge his parking, if his parking could cause risk or harm then it is still illegal.

    • HungLAH on 09/06/2018 - 13:34

      No he wasn't wearing a high vis vest although I've never seen an inspector with one. He was just wearing a navy sweater and only upon closer inspection did I noticed the local council's logo on it.

  • Iangh on 09/06/2018 - 10:43
    +2

    This isn't an issue about him parking illegally or not, it's about him pulling out without due care and attention.

  • HungLAH on 09/06/2018 - 13:28
    +2

    He was definitely parked as I was approaching the car. There were no brake lights or indication that he was pulling out. This was backed up by witnesses that stated he had parked there for around 5 minutes to issue someone a ticket.

    I also couldn't tell if anyone was in the car from behind.

  • tomsco on 09/06/2018 - 14:08
    +2

    If you want to go in all guns blazing, depending on how aggressively he came at you, is it worth putting in a complaint to the council about the behaviour of their staff member?

  • HeWhoKnows on 09/06/2018 - 19:15

    I think you have it covered but before you do call council, explain and ask for correct procedure. Many rangers now drive their own car and you may need to address your claim to the ranger. Regardless a "complaint" should be made directly to council.

  • TheBilly on 09/06/2018 - 20:48
    -2

    Parking rangers and motorbike police officers are complete pieces of s*** and the world is a better place without them… Not only do they cause grief by not adding any value to society, they are now hitting peoples cars and denying fault.

    • whooah1979 on 09/06/2018 - 21:00
      -1

      Not only do they cause grief by not adding any value to society,

      part of their job is enforcement. they add value to the community by issuing penalty notices which is then collected by revenue nsw. the revenue pays for public services for the citizens of nsw.

      • Euphemistic on 09/06/2018 - 21:56
        +4

        It’s be even better if we didn’t need rangers. As in no one ever parked illegally and everyone looked after their animals properly. Sadly we do need them to keep those arrogant twats who’d park in the middle of the road all day if we didn’t have rangers and police.

        • TheBilly on 10/06/2018 - 09:22
          +1

          I agree, but Im only grieving about their opportunistic tactics that they now employ to maximise revenue. With all fines the issuer should be able to excercise a degree of leniency depending on its severity, however they are trained not too and use this training to issue fines which could just as well teach a lesson through warnings. I can think of so many examples such as; I know a person who rested her arm against drivers side window sill and got a fine as elbow protruded (illegal, but leniency should've been applied) (parking on driveway at home, with half car in council verge same situation, leniency could be applied). They know the value of fines are quite excessive and for basic fines in sydney they equal half a persons weekly wage. In saying that they choose to employ zero tolerance approach and cause financial grief as opposed to a lenient approach on non critial issues.

      • TheBilly on 10/06/2018 - 09:23
        -5

        Response above to Euphemistic. I still think they're scumbags, and the world is a better place without them. I will never have respect for a ranger or motorbike police officer, simply because the individual behind the badge or shirt willingly chose to be societys anus. Goes to show the level of character they possessed.

        • gromit on 10/06/2018 - 14:37
          +3

          They exist because the world is NOT a better place without them. If you want the true scumbags and arseholes of society it is those that make Rangers a necessity. not sure what your beef with motorbike cops are, they are no different to any other type of cop.

  • dpr on 10/06/2018 - 16:01
    -1

    How much time did you wait before deciding to overtake? If I approached this car I would have taken a moment to observe and I would have also beeped the horn. It sounds like another case of everything could have been avoided if someone wasn't an impatient driver.

  • lookalive on 10/06/2018 - 22:17
    +1

    I drive through a narrow short street that leads into a big street every day, but have always been frustrated by vehicles parked on it, which makes it hard to get through to the other side without going over the double centre lines, then I have to negotiate with other drivers coming into this street from the main street as well. In NSW, you can't park within 3m of any double centre lines. So, with this information I contacted my local council, they said residents were within their rights to park along the street, just not on the nature strip, which some also did as well, but they weren't my concern. On top of this, they said it was legal for me, if safe to do so, to drive over double centre lines to get through to the other side. One time, there was a police car parked at the end of the street to catch speeders, I parked behind him (because I wasn't going to cross over double centre lines right in front of him) waiting for him to gesture me to move around and he did. So, technically OP was not in the wrong to cross over the line and move around the stationary vehicle. Council officer broke two laws, standing in a no standing zone and failing to give way to traffic.

    • kiitos on 11/06/2018 - 00:17

      Yes, plenty of drivers don't seem to know this 3m rule in NSW, often forced to cross the double lines to safely get past parked cars.

  • hasher22 on 10/06/2018 - 22:22

    Scenarios like this, I need to invest in a dash cam. But been to lazy omg.

    But from the description, the stationed car that didn't indicate is in the wrong.

    • kiitos on 11/06/2018 - 09:32
      +1

      Me too, mainly because of having to fiddle with the ceiling liner to hide the cords.

  • Oz8argain on 12/06/2018 - 10:48
    +1

    So many posters on ozbargain has an accident then buys a dashcam… Comment below if you are waiting on your next crash before making the purchase..

    • Euphemistic on 12/06/2018 - 11:34

      I’ve been driving for over 20years and haven’t needed one yet. Involved in a couple of minor crashes and didn’t need one. They are however cheap technology and would give me the pppotunity to upload to dash cam owners Australia and become all high and mighty about my skill as a driver while I point out the errors from others.

    • HeWhoKnows on 13/06/2018 - 08:13

      So funny

  • HeWhoKnows on 13/06/2018 - 08:15

    Everyone lies about what happened in an accident, even if they admit fault at the time.
    Have seen and heard this many times. You cant trust anyone.
    You need photos, signed declarations and dashcams these days regardless of your good driving record and good intentions

  • RP071 on 13/06/2018 - 11:03

    If it's a council badged car, then it is likely that it is leased. Find out which company they lease their vehicles from as they will be the ones dealing with this issue as the damage will be to their car. The driver will need to provide all of the details of this accident to them so the damage can be fixed.

    • Euphemistic on 15/06/2018 - 22:58

      As far as I know most councils own and manage their own fleet, there is no third party to do it for them.

  • HungLAH on 13/07/2018 - 15:58
    +4

    Update:

    After 4 weeks of back and forth between the council and I, they've finally accepted liability and now I'm just waiting on their assessor to deem if my car is repairable or a total loss. My quote for the repairs is $4,400, which is around the market value of my car.

    Thanks everyone for your advice.

    • pegaxs on 13/07/2018 - 18:46

      Cheers for the update. Had been following this to see how it ended up. Sounds like you were in the right from the start and the final outcome is as it should be.

    • SnoozeAndLose on 13/07/2018 - 18:50

      Did they apologise for acuting you at fault and their staff lie about what he have done?

    • Mitch889 on 14/07/2018 - 12:14

      Fantastic result!

      This sort of rule-breaking by the very people that are supposed to be enforcing it needs to be challenged at every opportunity, so glad you've gotten them to pay up.

      I'd say if your car is worth ~$5k and the repair estimate is $4,400, it will get written off.

    • haimrevolution on 15/07/2018 - 09:30

      Great result OP. I was certain they would try pinning it on you even though in my book he should have given way

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