Lancer (Uninsured) v Maserati - Suggestions Needed

deveshwar0 on 24/01/2019 - 13:12
Last edited 24/01/2019 - 16:21 by 1 other user

Hi guys

TLDR: Accident with no independent witnesses. How to ascertain the at-fault party? Does the court take the word of an adult witness over the word of kids?

Really asking for a colleague of my wife.

She was involved in an accident which has resulted in her writing off her car (Mitsubishi Lancer worth $7k). The other car is a Maserati. Apparently the person driving the Maserati jumped a red light resulting in the collision. When my wife initially told me that her colleague does not have insurance and asked what the next steps should be for making a claim, I advised that she should get the details of the other party's insurance and ring them. I also mentioned that she should consider herself lucky that it was not her fault and hoped that she at least has 3rd party insurance.

I have now been told that she does not have any insurance whatsoever and the other party is claiming that she jumped the red light. She has now been sent a claim of $58k by the other party's insurer. She is in no position to pay this. She works full time but does not have any savings, etc. There are no independent witnesses. My wife's colleague had her husband in the car and the other party had his 2 kids in the car.

My question is what should she do next?

Does the court take the word of an adult witness over the word of kids?

Automotive Car Maserati Mitsubishi

closed Comments

  • [Deactivated] on 24/01/2019 - 13:17
    +5

    I dont think you will get much sympathy from anyone here since she dosent have insurance.

    Grabs popcorn

    • deveshwar0 on 24/01/2019 - 13:19

      Mate, she didn't get any sympathy from me either.
      This is more to do with what the next steps should be.

      • [Deactivated] on 24/01/2019 - 13:20
        +5

        next step: grab some lube

        • HighAndDry on 24/01/2019 - 13:28
          +1

          Pretty sure she won't be able to afford even that…

      • HighAndDry on 24/01/2019 - 13:28

        Pay the $58k or get a lawyer to dispute the claim. That's it.

  • spackbace on 24/01/2019 - 13:18

    Really asking for a colleague of my wife.

    I'm sure she'll listen to us lol

    Does the court take the word of an adult witness over the word of kids?

    None of the witnesses are 3rd party witnesses, their testimonies won't be heard.

    I believe she is screwed royally, and will need to arrange a payment plan…

    • deveshwar0 on 24/01/2019 - 13:21

      Thanks mate.
      Do you know whether she needs to go through the court for the payment plan or do you think the other insurer could grant her one?

      • spackbace on 24/01/2019 - 13:26

        Not sure, either the insurance company, or if she leaves it long enough it'll go to a debt collector who will do a payment plan

      • HighAndDry on 24/01/2019 - 13:29

        You can always approach the other side's insurance directly to work out a payment plan. So long as she's cooperating and court proceedings haven't been filed, there's no need to go through the courts at all.

  • 87percent on 24/01/2019 - 13:21
    +2

    god… as in pray to god for being a moron

  • Hellfire on 24/01/2019 - 13:22
    +8

    This sounds very familiar…

    • [Deactivated] on 24/01/2019 - 13:24
      +1

      hahaha got eem

    • deveshwar0 on 24/01/2019 - 13:24
      +1

      Yes, looks like they might be seeking some help as well.
      Thanks for bringing it to my attention. I don't use whirlpool much so didn't check there.

    • HighAndDry on 24/01/2019 - 13:30
      +3

      She was turning, other car was going straight, she admits she saw the light was only amber for the other driver. Seems like she's likely to be pretty much fully at fault. Though I'm not even sure she can even see what the traffic light was for the other car - she can see what it was going in the opposite direction away from her, but not what was facing the other driver.

      Edit: Also she says in that thread:

      This was the 2nd time I had done a hook turn in my life and really did not know the way to correctly turn.

      Christ, she needs to stay off the F***ing road then.

    • Baysew on 24/01/2019 - 13:32
      +3

      I am in desperate need of some advice from you regarding my situation involving a car accident.
      During an accident at a hook turn, my car and another car got damaged.
      What happened: hook turn – I waited, did a head check and turned on AMBER and the other vehicle was going straight past me and hit me just above the drivers side wheel. He claims he entered the intersection during green light. I am not too sure as I did head check after light went amber.
      I was not insured and was driving my 2004 Lancer. His vehicle was a 2015 Maserati.
      Today I got a call from his insurance company and they demand 58K for repairs.
      I cannot afford that much, as I had been an international student until November last year and don’t have a lot of savings.
      I have made an appointment for a lawyer day after tomorrow to discuss any options for me.
      Is there anything I could do to settle this in court?
      Please do not hate for not having insurance. I was not using this car usually and was planning to get insurance at the end of January.
      Any feedback from you guys are welcome

      • spackbace on 24/01/2019 - 13:35
        +3

        She turned into the lane of traffic = she's at fault, too bad so sad.

    • Krankite on 24/01/2019 - 13:34
      -2

      Completely different the guy at whirlpool was at fault because they turned on an amber light. The person here definitely got hit by a car that went through a red light and has the witnesses to prove it. They just want to know what will happen when the other party disagrees with them.

      • spackbace on 24/01/2019 - 13:36
        +3

        It's the same person… In this instance we're getting 3rd hand information (here), vs the actual woman (on WP)

        sigh

  • thatonethere on 24/01/2019 - 13:23
    +1

    Same thread on Whirlpool https://forums.whirlpool.net.au/archive/2778527 (for more popcorn time)

    edit: sorry dupe of comment above…

  • Hellfire on 24/01/2019 - 13:32
    +1

    There are really only a couple of options..

    1. Admit fault to the other insurance company and organise a payment plan.

    2. Deny fault and either do nothing or take the other party to court. In court, without independent witnesses the most likely outcome would be that you are both found 50% responsible. This means that you'd pay for your own repair costs. Unfortunately the Whirlpool thread throws real doubt on the drivers understanding of the hook turn law so there might be something there that lays the blame in their direction.

  • GG57 on 24/01/2019 - 13:34
    +1

    "…I've suitably made her feel like a fool …"

    I'm sure she appreciated your input.

    • HighAndDry on 24/01/2019 - 13:48

      Hopefully enough to buy insurance in the future. Negative reinforcement can be effective.

  • arkie0 on 24/01/2019 - 13:36

    Look for an independent witness…

  • deveshwar0 on 24/01/2019 - 13:40
    +1

    Thanks guys.
    Looks like they are seeking opinions on whirlpool already.
    Can someone tell me how to close off the topic?

    • John Kimble on 24/01/2019 - 13:47
      +1

      Report button under your topic. I've done one for you.

    • [Deactivated] on 24/01/2019 - 13:49

      didnt get the responses you were hoping for, so you're bailing?

  • thetrain on 24/01/2019 - 13:47
    +1

    '#OzCrashedMyCarNoInsurance

  • thatonethere on 24/01/2019 - 13:50
    +1

    Good write up here https://insurancelaw.org.au/factsheets/ive-had-a-car-acciden…

    In fact Ozbargain should just detect these posts and give them this URL (and delete their post).

  • Moderatorscrimshaw on 24/01/2019 - 13:51

    Thread closed by request.

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