Interview. What Do I Expect?

LOvercomer on 21/06/2018 - 13:00
Last edited 21/06/2018 - 14:23 by 1 other user

Hi all,

I will first give the background to my story
I was involved in an accident like many months ago around one of the intersections in north east nsw. Summary is that I was proceeding through an intersection, I was sure the road was clear, hence proceeded slowly due to an oncoming vehicle I spotted far into the other end (I way street), I was hit, no injuries. Now I had no insurance then, just ctp(my mistake), as it was my first car cos I am new to the country and I am still learning. Please I will plead here that if you are here to only castigate, kindly do not bother responding as I have very well learnt my lesson and if only I had the exposure of what I know now, I wont be typing this, as my insurance will be dealing with it for me (or just my excess or something).

Well, the thing is that after the incident, because I have heard some things about fault/no fault from friends, I never admitted fault after the incident and was reluctant to provide my details as I was feeling that the other guy will want to intimidate me as I had no insurance and being a woman. I also left the scene after, cos I thought since the other person took good pics of my car plate no, they can track and call back,but it still doesn't mean I admitted fault. (Never even knew it was illegal not to provide details on the spot). Now I m being called by the police for " my side of the story". New research has then forced me to understand that accidents are judged from a "law perspective" So, if I had the give way, I am automatically at fault even though
Its totally different where I am coming from with the way we handle accidents/faults etc,`which I still take responsibility for.

Lots of research now has shown that this may probably be classified as a hit and run incident. and two possible fines I have identified are "negligent driving" and "failure to provide details". My head is spinning around many things as I ve never been involved in a police case before, so I ve been feeling so nervous all these days, seeing the list of things I was ignorant about.

I really want to close up this issue and be done with it. I m booked for questioning in coming days, and I ve been reading how police investigations go. I ve gotten range of advice from not saying much to the police to bringing a lawyer along. Lawyer costs are extremely expensive, and if going by the two possible fines, I may be well out of $600-700(which is less than what lawyers will charge) with demerit points. I m not the type of person to want cases to drag a lot, as I am already nervous everyday, thinking about it, so I just want to go to the officer, tell the truth, and chuck up and pay the earlier listed fines then proceed with dealing with the other party's car. But I m anxious as I heard friends say investigations are manipulative and even innocent people get to say things which gets them into trouble.

I just want to turn up at the police officer, tell the truth and accept the fines and demerit points. I don't want any hassles or court cases/ anything to make matters worse. How does this sound? I contacted a lawyer recently and she didn't sound any helpful enough for me to want to give her a dollar for advise. I am new, so pls I don't want to make any futher mistakes from what I ve already done.

I know I am in for big $$$, will pay little by little, but… well, I just believe, where there is life, there is hope. Pls advise me so I don't make any futher mistakes.

Edit.
I ll just lawyer up!

Automotive

closed Comments

  • Melb69 on 21/06/2018 - 13:05
    +2

    This question is going ro be fun. Good luck with your issue. A lesson learned for you.

  • Baysew on 21/06/2018 - 13:14
    +2

    TL;DR OP was involved in accident, months ago, where they may be at fault and are uninsured.
    Police now wish to interview OP. OP thinks that they may be facing charges of "negligent driving" and "failure to provide details".
    Have seen lawyer, but advise didn't seem helpful, and so didn't want to pay them.
    OP hoping there won't be court case and just wants to pay fines and accept demerits, and then deal with other car.

  • Overcomer on 21/06/2018 - 13:18
    +1

    I can summarize if too long as I was typing with emotions

    • Tech5 on 21/06/2018 - 13:24

      I often type with fingers

  • dasher86 on 21/06/2018 - 13:19

    I suggest you write everything on a piece of paper - that way you are sure you are not omitting facts that may help you.
    Structure your response to questions they give you in the same way.

    From the sounds of it, you are remorseful and have learnt your lesson… (cue was about to castigate you that ignorance is not a defence… insurance blah blah).
    Tell them the what you told us accept the fines but don't admit fault - if that is what you are going for here.

    IMO sounds like you failed to give way.

    • HighAndDry on 21/06/2018 - 13:31

      No! This isn't just a claim for compensation. Police are involved, so this is a criminal matter. OP ideally shouldn't talk to the police at all, and certainly not without a lawyer.

  • [Deactivated] on 21/06/2018 - 13:22
    +2

    You say you've learnt your lesson yet you're alluding to your belief that the other person is speeding, your home country, reasoning why you failed to provide details, matter being judged by "law perspective"…

    Judging by your unnecessarily long and defensive story above, I'd bring a lawyer along when you give your statement.

    Here's what your story would sound like if you're not being defensive:

    I failed to give way and caused a car to collide against me. I refused to provide details and refused to wait for police/authorities to arrive. I am also uninsured.

    How do I get out of the case being a hit-and-run, and how do I minimise charges against me.

    • Overcomer on 21/06/2018 - 13:29
      -4

      Pls dont get me confused.I m not alluding now to any beliefs. New country new culture, new laws I have to learn. Simple. As at the incident, I was ignorant, but now I know better

      • [Deactivated] on 21/06/2018 - 13:30
        +1

        "I had honestly believed the other guy involved was speeding…" - you, 29 minutes ago.

      • Scrooge McDuck on 21/06/2018 - 14:05

        New country new culture, new laws…

        …new morals.

    • HighAndDry on 21/06/2018 - 13:31

      NO! No matter how well-intentioned, you should never take that approach with the police.

      • [Deactivated] on 21/06/2018 - 13:32

        To take a lawyer or not?

        • HighAndDry on 21/06/2018 - 13:34

          Sorry, OP should definitely talk to a lawyer first, but a lawyer might well tell OP not to give a direct statement to the police at all. Especially given what OP's said - it's an open-and-shut conviction. That's why there's police asking for an interview. They don't do that if all they're going to do is issue a fine.

        • [Deactivated] on 21/06/2018 - 13:36
          +2

          @HighAndDry:
          Precisely.

          Also, OP's statement is anything but remorseful. "Sorry but…"

        • HighAndDry on 21/06/2018 - 13:37

          @tshow: Yeah. Not only will OP get convicted, but if he takes this approach in court he'll get an even worse outcome. He might not even be intending to make excuses, but if it comes across this way to us, it'll seem like that way to the judge too.

  • Fier2 on 21/06/2018 - 13:24

    Go to the police interview and tell them the exact trurh and why you didn t stop and provide your details. The other thing you might forgot is you didn t even check if the other patie was injured or not what could be against you. You are at fault at a certain point but showing remorse is a good point for you. You might need a statement from people that give you the "so called" advice. But basically, from the point you leave the place where the accident happened you did a hit and run , no matter whonis at fault. It s easy to say it s different in my country. The truth is you decide to drive a car. You know that a car can damages life at a certain point but decide not to take an insurance. So now you have to assume your responsabilities.

    • HighAndDry on 21/06/2018 - 13:32
      +1

      NO! STOP TELLING OP TO JUST TALK TO THE POLICE!

  • HighAndDry on 21/06/2018 - 13:24
    +2

    Lawyer costs are extremely expensive, and if going by the two possible fines, I may be well out of $600-700(which is less than what lawyers will charge) with demerit points

    I can assure you that if you're found guilty of hit-and-run, the consequences won't just be a few hundred in fines and demerit points.

    Go talk to a lawyer. A lot of motor vehicle accident lawyers will offer a free consultation, talk to a few, ask their costs and likely outcomes, and then go with the one you like the best.

    Oh, and none of what you wrote comes close to a valid reason for the accident. You were wrong, you compounded it by refusing to give your details, and your attitude and apparent lack of knowledge is going to get you crucified if you try to deal with this yourself. And I say apparent lack of knowledge, because a Hit and Run is not just a fine and demerit points:

    https://www.gotocourt.com.au/traffic-law/nsw/traffic-acciden…

    The Road Transport Act 2013 requires a driver involved in a traffic accident to stop and give all necessary assistance within their ability to any injured persons at the scene. Failure to do so may result in a fine up to 30 penalty units ($3,300 at the time of writing) and 18 months’ imprisonment.

    That's from a quick Google. Please do not rely on your own "research".

  • Ryanek on 21/06/2018 - 13:25
    +3

    If you posted here expecting not to be criticised, you came to the wrong place mate.

    I find it hard to believe that you felt leaving the scene of an accident without sharing details is a normal course of action. You can't plead ignorance on this one because it doesn't matter where you're from, this is the logical thing to do.

    I suspect you left the accident with your hand to your ears and hoped it would go away. Shame on you.

    • [Deactivated] on 21/06/2018 - 13:35

      If OP wasn't contacted by police, he/she would have been more than happy to deny liability.

      OP is upset about being caught.

  • PissLUR on 21/06/2018 - 13:25
    +2

    say goodbye to Australia. dont think you can apply for a PR visa now.

    • HighAndDry on 21/06/2018 - 13:49

      This is actually true. Driving away from the scene of an accident without giving details is something that goes to character, honesty and integrity. Which is high on the list of things considered when making Visa decisions. Another reason OP really really really needs a lawyer.

      • cauilfield on 21/06/2018 - 14:21

        Bull$hit, the only thing that may affect your PR application is a conviction.

  • Sofie519 on 21/06/2018 - 13:32
    +1

    Its not about a fine. Hit and run is an offences and the police are taking action to prosecute you on behalf of the state, not just interview you and issue a fine.

    Also, what did you mean by no insurance? You at least have compulsory third party insurance right? If you have no insurance for your car, that's your decision, but no CTP I think the fine for that is 2K+. If U have no CTP, would that also mean U have no rego? It would be up to the courts to decide on the total penalty. Perhaps enquire with legal aid?

    You are likely to have to go to court, admit your fault and let the judge pass the sentence. A fine is given, license suspension, sentencing for first offense could be good behaviour bond and community service.

    Also, the vehicle you caused damage to, they may have claimed their insurance and their insurance will be looking to recover damages.

    • Overcomer on 21/06/2018 - 13:36

      I had ctp and rego. I ve editted it for clarity

  • Gronk on 21/06/2018 - 13:34
    +1

    Make sure you wear your 'innocent' face while explaining that to the police.

    You've effectively left the scene of an accident, so it might be worth seeking proper legal advice because I believe it can result in a conviction being recorded.

  • Randxyz123 on 21/06/2018 - 13:47

    Did you post on whirlpool a few weeks back ?

    As per the advise there get a lawyer.

    • HighAndDry on 21/06/2018 - 13:48

      Please link.

      • Baysew on 21/06/2018 - 13:57

        Not quite at the start. (This post was hidden by a moderator thread vandalism)

        https://forums.whirlpool.net.au/forum-replies.cfm?t=2732351&…

        (PC is using Bing - when I searched for Whirlpool it helpfully took me the Whirlpool the appliance maker. A spin of a different type.)

        • HighAndDry on 21/06/2018 - 14:22

          Thanks. And haha… I hear Bing is only good for porn. Hand to heart, have not tested it myself.

  • ChrisLevo on 21/06/2018 - 13:53

    Another one of those "I broke the law but was ignorant of it and don't want to face the consequences" thread.

    We need a new forum for these…..

  • bongom on 21/06/2018 - 14:07

    Is the OP's name Puneet Puneet?

  • Moderatorneil on 21/06/2018 - 14:22

    Closing this thread, sorry.

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