Minor Collision When Merging - Should I Claim Insurance

Lwilsonsub on 02/02/2019 - 15:06
Last edited 02/02/2019 - 16:48

Hi,

Wifey was driving alone and involved in a minor accident 2 days ago while merging lane. She thought she was at fault and so apologised and said she would pay for damage at the scene. She gave him her license details but didn't take his. I shook my head when I found out but I guess she must have been in shock.

We went back to the place to have a look yesterday and found there was no line marking where the merging/accident took place. According the Vicroads website she had the right of way as her car was ahead of the other car. So I think the other driver was at fault.

We explained to the driver but he insisted that she was at fault and that we pay for his damage. The line separating the two lanes stops at some point before the two lanes become one. So I guess the key lies in where exactly the merging took place. My wife thinks she merged where there was no marking but the other driver argued otherwise.

Since neither of us think we're at fault, he said he would make a claim through his insurance. By the way, we haven't informed our insurer yet as chances are the premium will go up regardless who was at fault therefore I'm hoping to only inform them as a last resort. Damage to his car is a dent about the size of a 50 cent coin just above the front right wheel. Our damage is a dent about 10mm wide x 100mm long above the rear left wheel.

My questions are:
* How is this going to end in the absence of any hard evidence (eg. dash cam)? It'll be a case of my wife's words against his?
* Should I inform my insurer about a potential claim and/or make a police report?
* Any suggestions what I should do?

UPDATE: Diagram added. https://pasteboard.co/HZfIg0b.png

Automotive

Comments

  • JIMB0 on 02/02/2019 - 15:16
    +5

    Bit hard to follow your story. Prehaps a diagram of some sort would help.

    • singlemalt72 on 04/02/2019 - 10:49
      +1

      On MS Paint, as per forum rules.

  • wizzy on 02/02/2019 - 15:25
    +4

    I would claim on insurance, be very specific about the exact location of the accident, and let the insurance companies work it out between them. If the other guy is at fault, your insurance premium should not go up.

    • [Deactivated] on 02/02/2019 - 16:43

      It will go up. Making a claim affects your premiums whether you are at fault or not. This is true for all mainstream policies with typical underwriters.

      This has been covered in previous OzB discussion.

      • Strahany on 02/02/2019 - 17:10
        +1

        This.
        It’s why “no fault claim” companies exist, where they handle the entire process on your behalf.

      • AdosHouse on 02/02/2019 - 18:42
        +2

        Mate, lets face it, our premiums go up whether we make a claim or not. Insurance companies are magic like that

        • [Deactivated] on 02/02/2019 - 18:43

          Tell me about it…

          But it does go up for the reason that a claim was made.

          • AdosHouse on 02/02/2019 - 18:46

            @[Deactivated]: Yeah I'm sure it will. If not at fault, not by much.

            I've had the magical fortune of being in, I think, 5 not-at-fault accidents. Every time I had to claim through my insurance. Policy was in father's name, he had a crap load of policy discounts with RACQ, and I was getting full comprehensive for about $350-$390 a year on a VY Commodore with agreed value of $6k. But it never really went up beyond inflation after each claim.

            EDIT: Correction, there was about a ~15% jump after the QLD flooding years ago, but I think all companies did that.

            • [Deactivated] on 02/02/2019 - 18:50

              @AdosHouse: Same boat but I found my insurer doesn't necessarily (they can but they often don't) increase premiums due to claims.

              My car got hit (old lady who didn't know she was entering a roundabout) when I was driving home from repairs of a previous not at fault damage (parked car). -.-

              Someone else on this forum got hit (not at fault) twice between first collision and getting repairs.

              • AdosHouse on 02/02/2019 - 19:47

                @[Deactivated]: You got hit on the way home from repairs on a previous not-at-fault incident? Maaaate.

                Every time someone I know same they only have 3rd Party plus fire+theft and they say I never have accidents and I don't need comprehensive, I bust out laughing.

                In the 5 accidents, 1 was a powerpole that fell on my car in a storm and their insurance claimed Act of God, but I had photos showing pole was rusted through at ground level, still took 6 months to get my excess back, so clearly there was a fight between the 2 companies, and I couldn't afford to fight an insurance company.

                Another one I had my (dad's) insurance tell us that the other party refused to pay.

                And the last one was from an uninsured P-plater with no job.

                Each one of those incidents could have left me waaaaaay out of pocket without full comprehensive doing all the hard-yards for me. So I will always have it.

                • [Deactivated] on 02/02/2019 - 20:30

                  @AdosHouse: Nothing out of pocket for me but man… My panel guy is 90 minutes from me and I refuse to use anyone else.

                  • AdosHouse on 02/02/2019 - 21:27

                    @[Deactivated]: Oh hell yes, if you find a good smash repairs, stick to them. I just used whoever RACQ arranged, it was only a VY Commodore.

                    Most of the accidents I have been out of pocket. Mostly on the rental car. Paying the excess reductions is painful.

  • [Deactivated] on 02/02/2019 - 15:30
    +6

    Damage to his car is a dent about the size of a 50 cent coin just above the front right wheel. Our damage is a dent about 10mm wide x 100mm long above the rear left wheel.

    With this information alone it’s safe to say his vehicle collided with yours.
    Line marking or not, your car was ahead of his, and he should’ve given way.

    Liability of the incident should be wholly of the other driver.

    • Gnosh on 02/02/2019 - 15:38
      +5

      this imo, but hard to say without more details/ms paint diagram

    • HighAndDry on 02/02/2019 - 18:18
      +1

      Not necessarily - if there were still lane markings there, OP's wife would've been changing lanes dangerously.

  • whooah1979 on 02/02/2019 - 16:08

    According the Vicroads website she had the right of way

    Does Vicroads really use the definition right of way?

    • [Deactivated] on 02/02/2019 - 16:20

      Not verbatim, but VicRoads advises that in the case of zip merging you must give way to a vehicle which has any part of its vehicle ahead of yours. Or in the case of changing lanes where markings exist, you must give way to vehicles in the lane or line of traffic, when you change from a lane marked with lines, to another.

      In other words, it implies right of way by advising which vehicles must give way.

  • [Deactivated] on 02/02/2019 - 16:16
    +1

    She said she was at fault. She was there as she was in the collision. You were not. I'm not saying your wife is at fault but we don't know the story because you don't know it either.

    You're trying to find a way to minimize damage even though you're really not a part of this claim. It may come from a good place but your wife already gave her word (in shock or otherwise).

    Let your wife follow through on her word. It is needless to add the complication of he says she says and you, who wasn't even there, says.

    • [Deactivated] on 02/02/2019 - 16:21
      +2

      Let your wife follow through on her word.

      Admitting or denying fault at the scene is not a binding agreement for either party.
      Happy to be proven otherwise.

      • [Deactivated] on 02/02/2019 - 16:21

        I didn't say it was but his wife gave her word she will pay for damages. This doesn't constitute as admitting fault either but it is a verbal agreement to repair the other car without caveat.

        In short - fault aside, wife says she will pay for damages.

        • wilsonsub on 02/02/2019 - 17:03

          Appreciate your comments. You were right I wasn't at the scene. This is based on what I heard from her afterwards.

          I can only assume she said that on the assumptions that she was at fault. She shouldn't have to pay if it turns out it wasn't her fault right?

        • RockyRaccoon on 02/02/2019 - 17:07

          Which is why Insurance Companies say never to admit fault.

          Just say sorry, and that you will let the insurance companies sort it out.

          Thats why you pay them. Not just to repair damage

        • tomsco on 02/02/2019 - 17:09
          +1

          wife says she will pay for damages.

          Yeh, nah. Wife was probably just in shock when she said that.

          One time I had a motorbike ride into the side of my car. Didn’t see where he came from and my first fault was I just missed seeing him and hit him. When we got out he was apologizing and I realise he was just doing a stupid maneuver.

          I was just happy that he was alright (being a motorbike rider and thus more exposed) so I told him not to worry about it.

          If I did have his details, I would’ve followed up and told him I did want to get it fixed, but out of the shock of a motorbike rider falling off his bike in a busy roundabout at peak hour, I didn’t even ask, just as a precaution.

          Although I do agree that potentially OP is skewing wifey’s memories - she may very well be at fault. There was a thread on WP recently where a woman admitted fault at the scene and her friends/family twisted her words to state the victim was fault. In the end, they got CCTV to prove she was at fault and I think cops said she was going to get a fine as well. Sweet, sweet justice.

          • [Deactivated] on 02/02/2019 - 18:40

            @tomsco: All memory and fault aside, when someone says they'll do something, they should.

            The wife wasn't forced to admit fault nor to offer to repair. Who knows what or how the collision happened but by offering to repair, the other driver (whom may be completely blameless) may have recorded the incident less than he/she would otherwise.

            I've claimed for damages like this before - accident happened and I was going to call insurance. I was told to withhold and the other driver offered to settle it directly. I call them to follow up and am told they've changed their mind, they are not at fault, they deny being involved…

            A person gave their word and it seems this means nothing these days.

            • tomsco on 03/02/2019 - 20:09

              @[Deactivated]: We'll have to agree to disagree.

              If the other party is to blame, and they have damaged OPs wife's car, I think there is greater weight on them fixing their wrong then the wife honouring her word.

              A person gave their word and it seems this means nothing these days.

              And to flip that, if other party is at fault, a license is an entitlement, not a right. This seems to mean nothing to some entitled drivers these days.

    • [Deactivated] on 02/02/2019 - 22:24

      Look at the damage, if there's no damage on her front quarter she must have been in front of the other drivers car.

    • terrys on 03/02/2019 - 09:27

      "we don't know the story"

      We know that the damage was on his front guard, and her rear quadrant. This is a necessary and sufficient condition to apportion liability…
      To the O.P., your rise in NCB will be far less than paying out for this chancer's repairs. His insurance company may try it on.

  • Cartman2530 on 02/02/2019 - 16:36

    MS Paint diagram please?

  • whooah1979 on 02/02/2019 - 16:51
    +1

    we haven't informed our insurer yet

    Paying for an insurance policy and not using is a waste of money.

    • bargainhunter87 on 02/02/2019 - 23:17
      +1

      Minor collision. Maybe its not worth the excess (and the headache of dealing with an Insurer)

  • pegaxs on 02/02/2019 - 17:36
    +1

    Why do we get these threads when people have insurance?

    Saying “sorry” is not an automatic own goal. What you need to do is stop dealing with the guy and just politely say, “thanks, but we have decided to take it up with our insurance company.” and let insurance handle it. That is, after all, what you pay them for…

  • [Deactivated] on 02/02/2019 - 17:58
    +5

    Minor Collision When Merging - Should I Claim Insurance

    Not before posting an ms paint diagram, and seeking advice from ozbargain 'experts'

  • Ughhh on 02/02/2019 - 18:39

    If I was you or your wife, I would not mention anything about previously admitting fault, to the other party, his insurance and yours.
    You need to be firm in the facts of what happened, the facts will determine whether you're at fault or not. If you keep saying "I think" to insurance, you'll sound like you have no idea what happened and they may side with the more confident party (other guy).

  • AdosHouse on 02/02/2019 - 18:43

    OP, inform your insurance company, let them deal with his insurance. That's what you pay them for.

  • Micko179 on 03/02/2019 - 09:45

    They hit the left 1/4 of your car with their R/H/F Guard? THEY are in the wrong!

  • backpaqer on 03/02/2019 - 13:06

    Maybe in a case of he says/she says, if it ends up in court chances are the outcome will be "go away and bear your own costs". Provide your version of events to his insurer and hopefully they go away. If not, engage your insurer to protect yourself against solicitor fees etc which is the real pain in an accident and go buy a dash cam because when it comes to the crunch… Everybody lies.

  • minniethemoocher on 03/02/2019 - 13:37

    I would go through insurance if I was you, especially since the other driver wants to use his insurance. You will need to tell him you now need his details so you can file your insurance claim. Depending on the insurance company a not at fault accident will not affect your premium. Your insurance company will ask if your wife admitted fault at the accident. I would think about what to tell them, as some insurers wil refuse or reduce your claim if you have admitted fault, especially if you are not at fault. Unfortunately even small dents can be expensive to repair and at the end of the day that’s what you have insurance for.

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