Advice Needed On Accident

Hey guys,

First time posting on the forums. I need a bit of advice. So last friday on the 31st of May, a Victoria Police car rear ended my brand new car. An inspector was at the scene and took details of everything (including my wife and children sitting in the car).

When she was about to leave, I asked them about their details and how I would catch up to this as it's not my fault. She said, yeah you can just ask your insurance company to claim and they all drove away without giving me any information. I know they should have. I think the driver was drunk. His partner didn't breath test him, but she did breath tested me. I don't drink.

Short of the long is that I'm stuck with the insurance company asking for details and the police not releasing the driver's details. Do I have any recourse here with Vic Police on Freedom of information etc?

Edit: Wow, this is such an overwhelming response. I'll try and respond to every post. I went to the police station nearest to the incident and the officer there said she knew who the officers at the scene were, and took my details. She said, she'll have them call me back.

I just thought they deserve at least a second attempt at doing the right thing. I have the footage uploaded to many places and backed up as well.

I shared the footage with the insurer, they agree I'm not at fault and promised to refund the excess once recovery is made. They also asked me not to do anything else at this point e.g. talk to the police again.

Edit 2: So I haven't heard back from the police station ( I didn't think they would). I'm getting mixed impressions from people in the comments asking for footage and others warning of staying away from vigilantism. I thank you all for giving me advice and providing with good information.

Edit 3: An update for anyone still following the thread. I went to the police station nearest to the incident again and a sergeant came to talk to me. He was really concerned about it all and apologised many times, saying this shouldn't have happened ie delay in providing me details. He went in to collect the reports and cleared up the legislation with me as well. He provided me with the details of the driver at fault and the inspector responsible for the report (who seems to have lied to him that she provided me details before leaving). Nevertheless, I came home and updated the details to my claim, called the insurer and they've agreed to waive the excess, took my bank details and the refund will be given in 3 business days. They've also already received a quote from my repairer but the assessor needs to update the claim. But that'll probably be ok.

Thank you everyone for all the help. I really appreciate it. Now to see, if I should take back my complaint? :thinking_face:

Comments

  • +25

    MS Paint diagram?

    • +19

      I have dashcam footage, and they hit me on a red light stationary. I don't think MS paint is needed.

      • +15

        Thank goodness for the dash cam!

        • +44

          This has all the makings of an epic thread: A car crash, police misconduct and OP isn't even at fault!

          We just need OP to deliver the dash cam footage. We could even make ACA or TT… Hi Mum!

          • +4

            @Scrooge McDuck: Just needs the cherry on top - OP either isn't insured or, at least, forgot to pay their insurance! We can only hope!

            • @ThithLord: I'm insured, paid excess. Got damage assessment done and they'll follow up with my choice of repairer.

        • Believe it, it can save your day!

      • +3

        Not needed, but still appreciated

  • +11

    Oh geez.. This will be interesting

  • +14

    I think I got the jist of the story…

    1) A Vic' Police car rear ended your car
    2) An inspector was called to the scene, presumably as police must let a supervisor know of damage to their car as well as the law says if no details are exchanged, police must be called
    3) The driver of the police car nor the inspector left you details of the driver

    I think the next step is to contact the inspector, because the incident will be reported and you should request a incidentreport number for your insurance company. It may also be helpful to note down the crash now whgile it is fresh in your mind. Details about driving conditions, or if the car had it's sirens/lights activated… etc

    • +6

      Correct. I went to the local police station and they gave me a report number that I've given to the insurance company. The local cop from the police station wouldn't share information of the inspector or driver saying that their identity is protected, and that's all I can give you. The insurance company insist on me paying the excess because I don't have the driver's details.

      • +15

        Umm, what?

        They need to share their details like everyone else. Give the report to your insurer.

        In your OP, you say the driver was drunk? I find that unlikely but not impossible. Personally if what you are saying is true I would be filing a complaint against them. Not breath testing their colleague is a serious breach of duty.

        Did you take photos of the scene of the accident?

        • +2

          I'm trying to obscure parts of the video, so it doesn't have personal information about my family. I'll see, if I can safely upload it somewhere. If you look at the video, you'll find that a sane driver doesn't start driving behind a stopped a car after coming to a complete stop; that's my cue to whether he was drunk.

          I do intend to go the police station is nearer to the incident instead of the one that was nearer to my home (the one I reported to). There are chances that they'll reveal more. I did take photos of the incident, and a small video from my phone that includes the two constables in the car, and the inspector that arrived afterwards.

          • +1

            @mhaqs: Just sounds like he wasn't paying attention, you see people on dashcam Australia do what you described all the time

            • +3

              @87percent: The driver asked the inspector Do I need a breath test?. The inspector responded, that's not required, but you let her (the partner) drive from here. Maybe he wasn't drunk; I could be wrong.

              • +23

                @mhaqs: Send it to Dash Cams Australia.

                • +22

                  @Randxyz123: For the good of the state and the nation, the Police need to be held to account.

                  Please take this as far as you can OP!

              • +4

                @mhaqs: I'm not questioning that, I'm saying you're basing the driver being drunk as "no sane person would start driving behind a stopped car after coming to a complete stop", and in saying that it happens all the time. People don't pay attention, and they think you go and don't. It's not a measuring stick of being drunk

      • +16

        Ok, go back to the police station and ask to speak with the supervisor on duty. Explain the situation and advise him/her that they are required by law to provide the name of the driver at the time of the accident. If they still fail to play ball, ask who their supervisor is and how you can contact them. If they fail to provide that, then advise them that you'll be taking this matter further and it's likely that disciplinary action will be taken.

        • This!

        • See OP. I went to the police station nearer to the incident and the officer said she knew who the officers at the scene were. She will have em call me. Let's see.

        • advise him/her that they are required by law to provide the name of the driver at the time of the accident.

          Police aren't required to.

          • @Typical16-bitEnjoyer: I'd be intrigued to know what law says that the Police aren't required to abide by the traffic act and provide details after an accident. Do you have that law handy or are you spitballing here?

            • @gyrex: Read my other posts in this thread. I've posted the exact legislation at least twice.

        • +2

          See latest update. A supervisor provided the details and apologised.

          • @mhaqs: Great news, glad to hear it's all sorted!

  • +2

    Go to local cop shop and report the incident and get a copy.
    Report it to your insurer asap. They are paid to sort these things out.

    • +2

      I have done those things.

      • Then you need do nothing else.

        Now it's up to your insurer to fix your car and chase the cops for their money.

        • That's easy to say, but not so easy in practice when neither party wants to cooperate.

    • You're entirely correct on those fronts. I did ask them for information first, when they said an inspector is coming. But the inspector didn't share that information with me as well. None of the police officers on the scene were supposedly giving me any info. They were moving away from me for any discussion, if I tried to intervene. It felt like harassment and as if they were protecting the driver.

      • +4

        This is a serious breach of their duty, you could get these people fired.

        • How do I go about it? I went to a local police station first thing next morning. The police officer at the reception was amazed this had happened but he didn't share any more information with me as well apart from a police report ref.

          • +1

            @mhaqs: Lawyer up.

          • +1

            @mhaqs: Did you got number plate of car? And you got dash cam footage?
            If yes take matter higher department even current affair etc. if your story genuine. Thay loves those story. Must complain them by email with number plate video gotta get and irresponsible public servant.

            It's simple police car who hit your car they were partner so one of him should be driver and they need find out why they did not take correct steps, and also police department will pay access because they do not want matter goes ahead.

            • +6

              @Zonty: That hurt my brain to read.

    • +21

      @garetz - Please don't post on the internet things you know nothing about. They were involved in an accident, they are required to submit to a breath test, failure to do so would mean they would lose their licence for a minimum 2 years and likely receive a monetary fine. Great advice….

      Both driver involved should have been breath tested - There are no favours.

      The report number that you have will have all of the details of the driver, they are what is required, your insurer will be able to receive those details from Victoria Police.

      Don't stress, move on. There was an accident, you were not at fault, you will get your vehicle fixed.

        • +6

          @garetz - I know that you give bad advice, but apparently you can't read either. As I clearly said in my post. Both drivers involved should have been breath tested
          I am not sure how clearer I could make it, I just wanted to call you out on your incorrect legal advice.

          If he had of listened to you, he would be searching for Uber deals

            • +11

              @garetz: I guess the part where you say, “first of all you should have refused the breath test” appears only on my screen?

                • +3

                  @garetz: No, you're just making that up now. It wouldn't even be sensible advice anyway. Similarly, suggesting benefits to being arrested while neglecting the huge drawbacks is dangerously poor advice.

                  And the correct grammar is "should have". The contraction "should've" sounds similar to "should of" when spoken, but "should of" is incorrect. We say "you have done something" not "you of done something", that doesn't change when you insert "should" after "you".

                    • @garetz: …well in a way having correct english makes interpreting comments easier as there would be less guesswork….but if your too lazy to do it, i guess fair enough….

              • +3

                @Jetstream: It does. Because he didn't say "you should have refused".

                He said "should of".

                Does that make incorrect advise and incorrect grammarb cancelling each other?

                Hahahaha

  • +3

    I mean, isn't that illegal? Or am I misunderstanding everything? (not a lawyer)

    http://classic.austlii.edu.au/au/legis/nsw/consol_reg/rr2014…

    287 Duties of a driver involved in a crash
    (2) The driver must stop at the scene of the crash and give the driver's required particulars, within the required time and, if practicable, at the scene of the crash, to:

    (a) any other driver (or that driver's representative) involved in the crash, and
    (b) any other person involved in the crash who is injured, or the person's representative, and
    (c) the owner of any property (including any vehicle) damaged in the crash (or the owner's representative), … …

    "required particulars" , for a driver involved in a crash, means:

    (a) the driver's name and address, and
    (b) the name and address of the owner of the driver's vehicle, and
    (c) the vehicle's registration number (if any), and … …

    • +1

      That is good information, maybe even for the insurance recovery teams. Btw this incident was in victoria (as in thread re Vic Police)

      • Oh yeah, apologies mate, literally only just hit me that you were vic exactly when you commented. But I assume the laws are similar, for Vic (again not a lawyer but):

        http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/cons…

        Duty of driver etc. of motor vehicle if accident occurs
        (1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle—

        (a) must immediately stop the motor vehicle; and
        (b) must immediately render such assistance as he or she can; and
        (c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle and, in the case of an automated vehicle, state whether it was operating in automated mode at the time of the accident—

        (i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or

    • Just to make you guys aware, this is not required if the situation is unsafe or if one driver feels they are at risk. Can always report at a police station afterwards

      • Are you sure? Someone rear ended me, i gave chase while 000 was on the phone. They told me to disengage. I kept going, ended up blocking his car and getting his keys (he was threatening me). Cops eventually arrived and made me exchange addresses! I really didnt want to give mine, but had to in order to proceed! (Also in vic)

        • Sounds exciting. What happened to the chicken shit driver? Also did you get in trouble for following them?

          • @WhyAmICommenting: he got a fine for leaving the scene of the accident. They didnt want to fine him for tailgating - even AFTER the driver admitted to hitting me, but apparently the reason given was because I bumped stopped. (Which I didnt). My response was - so does he get a fine for tail gating then? nope - because we'd be fining people all the time. what a joke!

            I have the chase and the confrontation on video - yeah it was exciting LOL I didnt know at the time that my kid was filming the whole lot on her phone - cheeky bugger :P

            I've since installed dash cams on the car - both front and rear!

            • @whatthecrappin:

              I have the chase and the confrontation on video - yeah it was exciting LOL I didnt know at the time that my kid was filming the whole lot on her phone - cheeky bugger :P

              share! :P

  • +14

    You can always release the dashcam footage for our expert assessment.

    If they're clearly at fault, your video will be viral and could be very useful to de-nannify this state.

    I mean, the bloody nannies can't follow their own rules.

    • +8

      I don't even wanna recount the behaviour of the police officer. He was all rude and smug about the incident.

      Me: Dude, you've hit my car
      Officer: I did? Nice!

      Yeah, really^. Unfortunately, that's not captured in the audio. I could release the video publicly; and I don't think it would have any legal issues attached to it, since it was a public space.

      • +19

        Complete this complements and complaints form, explain everything that has happened with as much detail as possible, and explain that your insurance company requires the drivers info for you to complete your insurance claim. State that the driver of the vehicle who struck you did not give you their details. the contact details are on the form. It's important you make sure this is documented so it cannot be swept under the rug and you be left to pay extra. good luck

        edit: extra info

      • +8

        Should really take it as far as it goes.

      • +16

        That guy doesn't deserve his job, nor should he continue in it.

        • +1

          As someone who was in a comparable job outside of Victoria for 10 years I wholeheartedly agree. Pathetic behaviour if true, plenty of quality applicants to take their place.

      • +1

        release it publicly.

  • +4

    I thought the driver must always give their details and if they refuse you call the police.

    • +7

      The Police were already there. So who do you call to report crimes committed by Police?

      It's high time we had independent bodies to police the Police!

      • +14

        So who do you call to report crimes committed by Police?

        The Coast Guard.

        • -1

          So who do you call to report crimes committed by the Coast Guard?

  • +5

    call your local member of parliament

    • Good advice. Your local member's office has more sway than you'd think.

  • You think the driver was drunk because you didn’t see them get breath tested. Well I’d say you were under the influence of drugs at the time which is just as much of a baseless defamatory comment as your original one.

    • hmm, like I said. I could be wrong. I wasn't sure why they avoided breath testing him. See my previous response to @supasaiyan.

      • Do you have number plate of police car? Picture should be taken even licence details need to be exchange. If he refuse take police officer picture. So it's help to identify in police department and his job will be on line by not doing his job.

        • I have their Rego and the faces of all officers. At least two videos of the incident. See OP for update.

          • @mhaqs: What brand dash cam are you using? Interested in purchasing a new one

  • +15

    Send an email to the Chief Commissioner Graham Ashton AM detailing the event and provide any evidence you may have.
    https://www.police.vic.gov.au/chief-commissioner
    https://m.vic.gov.au/contactsandservices/directory/?ea0_lfz1…

    • Hmm, I have taken the advice of a PM sent to me by a police officer on these forums. I'll submit a complaint but see OP for update.

  • +17

    OP, you definitely shouldn’t let this one slide. Email everyone you can. State Police, local politicians offices etc. You must kick up a big stink. Call your local newspaper. Look up what legal services can help you with free advice.

    • If it comes to that. I will.

      • +1

        Please don't listen to some random cowboy on the internet. They have nothing to lose but you might. Just get your excess paid pragmatically without trying to be a hero and righting any wrongs. Going beyond that may expose you to potentially undesirable consequences. Your insurance will sort it out. Leave the vigilante-ism to someone else.

  • +8

    I wouldn't be posting footage of the cops, especially after you call them names.. next thing you know the cops buddy sees it and you have random "drugs" found in your house

    • +4

      Yep, I can't say I've called them names ( I don't their names :P), but that's one of the reasons I stayed away from posting the footage anywhere apart from sharing it with the insurance claim. You never know…

  • +1

    Sounds like you need to release the video to A Current Affair or something similar.

  • +2

    If it was an accident where no one was hurt, police do not need to get involved and it becomes a civil matter.

    In this case, insurance company should just chase up with vic police as you have the report number. It is no longer your problem and you shouldn't need to pay your excess.

    • +6

      It could possibly be classed as criminal in that the officer didn’t provide their details. Just depends on if police have immunity on this area (but I would assume the legislation would have to explicitly state this).

      OP, were the officers wearing their name badges?

  • +4

    This sounds like a job for Tracy Grimshaw.


    Your insurance company will ask you to pay the excess since you failed to get the other drivers info, but will likely return it when you're deemed not at fault. So don't stress about the excess. Call your insurance company and speak to somebody again who can explain this to you.

    • Some companies take your word if you explain you clearly weren't at fault and they only chase excess if required later

  • -7

    Why does everybody come to OzB to post their sensational stories?
    We are a bargain website LOL.
    I couldn't give a crap if the pope hit you.

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